The National Labor Relations Board (NLRB) has adopted a rule that
would require virtually every private company in the country to post a Notice advising employees of their right to organize a union and to strike. In justifying the rule, the NLRB explained that most employees do not know about their labor rights … as evidenced by surveys of high school students in the 1980s. The NLRB also relied on anecdotal evidence from “West Germany” and a remarkably contorted statutory analysis. If the circuit courts split, as the district courts split below, the cases could easily wind up in the Supreme Court.