“The poster rule is a prime example of a government agency that seeks to fundamentally change the way employers and employees communicate. The ultimate result of the NLRB’s intrusion would be to create a hostile work environment where none exists,” said Jay Timmons, president of the National Association of Manufacturers, which challenged the rule in court.
AFL-CIO President Richard Trumka denounced the decision. “In today’s workplace, employers are required to display posters explaining wage and hour rights, health and safety and discrimination laws, even emergency escape routes,” he said. “The Court’s twisted logic finds that ‘freedom of speech’ precludes the government from requiring employers to provide certain information to employees.”
Mr. Trumka added: “This is absurd: when workers know their rights, the laws work as intended.”
Though the rule was enacted, it never took effect, because lawsuits against it resulted in an injunction against the posters.
Critics see the measure as part of an aggressive effort within the Obama administration to use the rulemaking authority of federal agencies to bypass congressional inaction or opposition in key areas, including immigration and health care.
The judges said the poster rule violated a section of the National Labor Relations Act written to uphold the free speech rights of employers to engage in an open, noncoercive exchange of ideas concerning labor relations and workplace issues.