A panel of judges for the U.S. Circuit Court of Appeals for the District of Columbia has begun hearing arguments on whether the National Labor Relations Board (NLRB) has the authority to require the posting of a National Labor Relations Act (NLRA) employee rights poster.

Yesterday, business groups met with the judges to present their side of the argument, which is that the mandate is beyond the authority of the NLRB.

The same court put a stay on the NLRB's edict shortly before it was to go into effect this past April 30 after a South Carolina court ruled that the NLRB lacked the authority to mandate the posting. A D.C. judge earlier had ruled that the board did indeed possess such authority, so the Circuit Court issued a stay to resolve the conflicting opinions. 

The 11"-by-17" poster spells out employees' workplace rights under Section 7 of the NLRA and was to be displayed by virtually every private employer in the United States under the NLRB's direction.

Those who buy the Space Saver 1 All-On-One Federal and State Labor Law Poster from Personnel Concepts routinely receive the NLRA poster as well. Posting of the NLRA notice is currently voluntary pending a final decision by the Circuit Court.