Alerts and Updates

D.C. Circuit Enjoins NLRB's Posting Rule, Pending Appellate Proceedings

April 18, 2012

As oral argument is set for September 2012, a new deadline for the notice-posting requirement is unlikely until at least fall 2012—if at all.

On April 17, 2012, a federal appellate court enjoined the National Labor Relations Board (NLRB) from putting its new rule into effect at the end of this month that would require most employers to post a formal notice in the workplace advising employees of their union-organizing rights.

After a federal court in the District of Columbia held that the NLRB had the authority to issue the notice-posting requirement and, more recently, another federal court in the District of South Carolina held that the NLRB did not have the authority to issue such a rule, employers were left with conflicting guidance on whether to post the employee notice issued by the NLRB.

The D.C. Circuit clarified the situation by issuing an order ensuring that the NLRB's rule would not go into effect on April 30, 2012, when the court granted an emergency injunction to delay the rule, pending the outcome of the appellate proceedings. As oral argument is set for September 2012, a new deadline for the notice-posting requirement is unlikely until at least fall 2012—if at all. Duane Morris will continue to monitor and report on developments in the coming months.

About the Duane Morris Institute

Learn more about the implications of this ruling and other actions being taken by the NLRB impacting both union and non-union employers during the Duane Morris Institute webinar "Are You Prepared for the 'Union Spring' of 2012?" to be held on May 9, 2012.

For Further Information

If you have any questions about this Alert, please contact any of the attorneys in our Employment, Labor, Benefits and Immigration Practice Group or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.