Earlier this month the NLRB decided not to appeal two appellate court decisions invalidating the NLRB’s 2011 adoption of a rule requiring private sector employers to post notices advising employees of their rights under the National Labor Relations Act.  The decision to allow this deadline to pass rendered the posting obligations “dead in the water” for non-federal contractors.

This latest development should not be confused with the obligation for federal contractors to give notice to employees of their union rights pursuant to Executive Order 13496.  The obligation under EO 13496 has not been affected by the NLRB’s decision to end its push for notice obligations for non-federal contractors.

With that said, as we reported at the end of 2013, a challenge to the EO 13496 obligations has been filed with the court.  There has been no action in that case since filing of the complaint.