A federal appeals court has rebuffed the NLRB’s attempt to require employers to post in a “conspicuous” place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB’s rule has been controversial from the start because it did not simply require the posting of a notice of “employee rights.” Rather, it included some items that would additionally expand the NLRB’s reach over employers by making failure to post the notice both an unfair labor practice and evidence of the employer’s “anti-union animus.” Further, the rule stated that failure to post may toll the Act’s six-month statute of limitations as to other unrelated activities.

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