A remaining case brought against the mandate to post a National Labor Relations Act (NLRA) Employee Rights Poster — basically, a pro-union notification — has been decided by the Fourth Circuit Court of Appeals in Richmond, Va., which rejected the mandate and, in so doing, echoed a ruling in May by the Appeals Court in Washington, D.C.
The three-judge Fourth Circuit panel basically ruled that the National Labor Relations Board (NLRB) had overstepped its authority in mandating the poster.
“Had Congress intended to grant the NLRB the power to require the posting of employee rights notices, it could have amended the NLRA to do so,” U.S. Circuit Judge Allyson Duncan wrote in the ruling.