Temporary Hold on National Labor Relations Board’s Posting Requirement

April 19, 2012

The National Labor Relations Board (NLRB) issued a new rule in 2011 requiring virtually all employers, regardless of whether their workforce was unionized, to post a notice informing workers of their rights under the National Labor Relations Act. As originally proposed, the NLRB’s rule included severe penalties for employers who failed to post the notice in a conspicuous place. Although a Federal District Court struck down the penalty provisions of the rule earlier this year, the posting requirement survived initial review and was scheduled to take effect on April 30, 2012.

Earlier this week, however, in National Association of Manufacturers v. NLRB, et al., 12-cv-5068, (D.C.Cir. April 17, 2012), the United States Court of Appeals for the District of Columbia blocked the NLRB from implementing the new poster requirements. The Court held that “The uncertainty about enforcement counsels further in favor of temporarily preserving the status quo” while the Court “resolves all of the issues on the merits.”

While waiting for a decision on the merits, which is unlikely before September 2012 when oral arguments are scheduled to take place, the NLRB posting need not be displayed.

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