Earlier this year the National Labor Relations Board (NLRB) promulgated an agency rule that required covered employers to post an Employee Rights Notice in a conspicuous location in the workplace. The Employee Rights Notice provides information to employees about the rights that are granted to them to join, form or asset a labor union by the National Labor Relations Act (NLRA).

The notices are provided free of charge at Regional Offices of the NLRB and available for download via the NLRB’s website thus providing almost no burden on employers. The intent of the NLRB was to provide a brief description of the rights employees possess under the NLRA. The posting is similar to those that provide employees information about their rights under the Family Medical Leave Act or many state workers compensation systems.

The National Association of Manufactures challenged the new rule in federal court, arguing that the NLRB lacked the authority to promulgate the rule and it violated the employer’s first amendment rights.

This past week a federal court in Washington D.C. rejected the challenge and ruled that the NLRB did possess the authority to promulgate the rule. The court did strike down several enforcement provisions. The National Association of Manufactures has indicated it will appeal the decision.

The Employee Rights Notice rule is slated to go into effect April 30, 2012.