Employment Law Update
Off Again..... The NLRB Postpones Implementation of Its Notice Posting Rule Pending Resolution of Court Disputes
The tortured saga of the National Labor Relations Board (NLRB) notice posting rule took another turn today. (See our three previous Alerts on the rule in March and January, 2012 and October, 2011 for the complete history.)
In March, the United States District Court for the District of Columbia upheld the Board's authority to issue the rule (although it struck down two of the rule's penalty provisions) and the NLRB announced that the rule would go into effect on April 30, 2012, as planned.
The National Association of Manufacturers appealed the court's decision, and on April 17, 2012, the federal appellate court for the District of Columbia granted the Association's request for an injunction postponing the effective date of the rule. Earlier today, the NLRB announced that it will not implement the rule pending the resolution of the issues before the court.
The D.C. appellate court's injunction was not the only setback for the NLRB's rule. On April 13, 2012, a federal district court in South Carolina rejected the rule in its entirety. The NLRB has said it plans to appeal that decision.
It is unlikely that there will be any resolution of these cases before next Fall. In the meanwhile, employers need not post the notice.
For more information contact:
Chuck Bacharach 410-576-4169
Bob Kellner 410-576-4239
April 18, 2012
Bacharach, Charles R.
Kellner, Robert C.