The U.S. Court of Appeals for the District of Columbia ruled today that the National Labor Relations Board (NLRB) cannot force businesses to display a poster explaining employees' rights to form a union.
The issue has been before the court for many months, but in its final ruling, a three-justice panel of the court held that to force businesses to display such a poster would violate the employers' free speech rights.
Earlier this year, the same appeals court held that President Obama's 2012 "recess" appointments to the NLRB were unconstitutional, throwing into question whether any action by the board could be considered valid after those appointments. That decision is now on the Supreme Court's docket for review and final action.