Employers are NOT Required to Notify of Union Rights

May 20, 2014

A federal district court decision has struck down an administrative rule proposed by the National Labor Relations Board that would require all private sector employers to notify their employees of the right to join a union. The recent decision held that this rule was not lawful and constituted an unreasonable exercise of administrative rule-making powers because the methods identified to enforce the rule could not be exercised by the NLRB. This rule was never actually implemented because of the legal challenge which has now caused the rule to be held unenforceable.

Employers will not have to do anything because of this ruling. More important, employers will not be required to post a specific notice indicating what rights an employee has to join a union or form a union at their place of business. This is a small victory for employers at a time when many administrative rules are being created to facilitate union representation and union organizing efforts.

Employers should be ever watchful of potential new administrative regulations governing the employment relationship.

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