As of 2011, the National Labor Relations Board is initiating efforts to revive its workplace notice posting rule. This rule, known as the Notice of Employee Rights Under the National Labor Relations Act, would have mandated that employers post an open notice of employee rights under the National Labor Relations Act.

The rule review has fallen on hard times, especially since May 2013. At the time, a case involving the National Association of Manufacturers in the U.S. Circuit Court of Appeals for DC signaled bad news for companies. review opportunities. In that case, the law enforcement mechanisms were found to be illegal. Four months after that, the court dismissed an NLRB petition for review.

In June 2013, the NLRB was struck down again, when the Fourth Circuit found the rule to be illegal as well. In that case, which involved the Chamber of Commerce, the court found that the rule went beyond the regulatory powers of the Board granted by Congress. When the National Labor Relations Board pushed for a new hearing later that summer, it was denied.

After hitting so many walls, the Board’s only chance to push the rule was in the Supreme Court. Applications for this would have had to have been submitted by January 2, 2014, and the Board missed the opportunity to act within that strict deadline. In a sense, this means that the issue will be legally stalled, at least for the time being.

However, employers should not be easy. It is a more likely scenario that the Board will choose which of its regulatory battles to fight. The Board recently dismissed an appeal related to a district court case that invalidated the expedited representation election rule that was first issued in December 2011. This measure indicates that the door is open for a restricted board to issue another more detailed rule on election procedures. . Some people believe this indicates that the Board is sending all the resources to the review process and then reissuing the election rule. This could be a sign that while employers may consider the above issue resolved for now, a larger legal battle over rulemaking is very likely to come.

Employers should keep an eye out for updates on standards development and the National Labor Relations Board. Big changes may be in the works that could affect many businesses across the country.