As found by the D.C. Circuit Court of Appeals, employers do not have to display National Labor Relations Board (NLRB) posters in the workplace detailing workers' union organizing and collective bargaining rights.
In National Association of Manufacturers v. NLRB, the District of Columbia federal district court upheld the NLRB's "poster rule" that required employers to display an 11-by-17 inch notice in a prominent location regarding union rights. The ruling was appealed to the D.C. Circuit.
On May 7, 2013, the D.C. Circuit struck down the lower court's decision and found that the "poster rule" violated an employer's free speech rights by forcing employers to display the posters. The Circuit Court noted that the National Labor Relations Act "protects the rights of employers not to publish the government's poster if they find the language in it objectionable."
The debate may not yet be over. As of this publication, the NLRB had not appealed to the Supreme Court.
Also, the same "poster rule" is being reviewed by the 4th Circuit Court of Appeals. In NLRB v. Chambers of Commerce, a federal court in South Carolina struck down the posting rule and found that the NLRB acted outside of its statutory rulemaking authority.
For now, employers do not have to display the controversial poster. In April 2012, the same D.C. Circuit Court issued an injunction blocking the NLRB from requiring employers to display the poster.
