Washington, DC (January 3, 2014) – The deadline passed yesterday for the National Labor Relations Board (NLRB) to file petitions at the U.S. Supreme Court to appeal one or both federal appeals court decisions striking down a new Board rule that required virtually every private-sector employer in the country to post biased information about employee rights online and in the workplace.

The Board’s inaction lets stand two appeals courts’ victories won by the National Right to Work Foundation and other groups challenging the NLRB’s aggressive and unprecedented rule-making.

At the U.S. Court of Appeals for the District of Columbia, attorneys from the Foundation and other groups won a unanimous decision striking down the rule. The U.S. Court of Appeals for the Fourth Circuit also struck down the rule in a separate legal challenge filed by other groups.

The NLRB rule required employers who have never committed a violation or even been accused of unfair labor practices to post an incomplete notice about employee rights. The rule also stipulated that employers who did not comply would be guilty of violating federal labor law.

The rule provided no corresponding requirement to give employees information about how to exercise their rights to refrain from union membership and forced political activity, or to remove a union from their workplace.

Mark Mix, president of the National Right to Work Foundation, issued the following statement reacting to the NLRB’s capitulation:

“By promulgating this sweeping new requirement, the NLRB clearly overstepped its statutory authority in a heavy-handed attempt to force more workers into forced unionism ranks. The NLRB’s rule would have required almost every job provider in America to post biased, one-sided notices about workers’ rights. Under the rule, Mom and Pop shops, small businesses, larger companies – even some religiously-affiliated organizations – would have been forced to comply.

“Eight federal judges in two federal appeals court circuits have considered the NLRB’s rule and all eight judges have found the rule to be unlawful in whole or in part. It appears the unanimous voice of the judiciary has forced the Obama Labor Board to back down from its attempt to empower union bosses yet again at the expense of the rights of employees and employers.”

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.