Sixth Circuit Calls NLRB-Ordered Public Notice Reading Into Question

The Sixth Circuit Court of Appeals (encompassing Kentucky, Michigan, Ohio, and Tennessee) is the most recent to join a growing chorus of federal appeals courts expressing extreme skepticism about the appropriateness of the NLRB’s public notice reading remedy. Essentially, the public notice reading requires an employer that violated the NLRA to have a representative stand before its assembled employees and read aloud a statement prepared by the board acknowledging the employer’s wrongdoing and promising not to do it again. In some cases, the board has permitted the guilty parties to stand beside a board agent while the agent publicly reads the statement.