More than two years ago, the National Labor Relations Board created a poster and required all employers under its jurisdiction to post it. The poster gave employees a comprehensive recap of their rights, including the right to form unions, to communicate with each other about terms and conditions of employment, and to be free of retaliation for complaining. It also listed employees’ rights not to join a union, and to be free from retaliation by the union for not joining or for criticizing it.
The poster attracted immediate challenges by employer groups. After losing in two appeals courts, including our Fourth Circuit, the NLRB announced that it would not seek review by the Supreme Court. Its website makes the notice available, and it emphasizes that employers may post the notice even without the rule. The likelihood of that happening is low. The NLRB originally proposed the poster because of anecdotal evidence that many employers believed that some employers were permanently non-union.