Executive Summary: The United States Court of Appeals for the D.C. Circuit has temporarily prohibited the National Labor Relations Board from requiring employers to post a poster notifying employees of their rights under the National Labor Relations Act. In response, the NLRB announced that the requirement to post the notice is suspended indefinitely. There is no new posting date yet.
Background: In two earlier e-Bulletins, we notified you that the NLRB had promulgated an administrative rule requiring all employers subject to the NLRA to post notices informing employees of their rights under the Act. In March, the District of Columbia District Court ruled that the NLRB had the statutory authority to adopt the posting rule but with some exceptions. In a similar case, however, filed by the U.S. and South Carolina Chambers of Commerce, the South Carolina federal district court held that the NLRB had exceeded its authority in promulgating the rule.
Because of these conflicting district court decisions, the U.S. Court of Appeals for the D.C. Circuit issued a temporary injunction, blocking the NLRB’s rule which had been scheduled to take effect on April 30, 2012. The NLRB poster rule is now on hold until the appeal is decided.
Links to Taft’s two earlier bulletins containing more detailed information about the posting requirement appear below. The Order of the District Court of South Carolina is also linked below.
For additional information, please contact a member of Taft’s Labor and Employment Group.
Click here to view Taft's March 5, 2012 e-bulletin titled "Federal Court Upholds NLRB Posting Rule But Strikes Down Two Provisions.
Click here to view Taft's September 22, 2011 e-bulletin titled "Controversy Stirs Over New NLRB Rule.
Click here to view the April 13, 2012 Order from the District Court of South Carolina.