D.C. Circuit Enjoins NLRB Notice-Posting Rule

Alerts / April 17, 2012

Earlier today the U.S. Court of Appeals for the District of Columbia enjoined the National Labor Relations Board (NLRB) from enforcing its Employee Rights Notice-Posting Rule. (Nat'l Ass'n of Mfrs. v. NLRB, D.C. Cir., No. 12-5068, injunction pending appeal, April 17, 2012).The injunction comes just days after a federal judge in South Carolina ruled that the NLRB lacked statutory authority to promulgate the rule. (Chamber of Commerce v. NLRB, D.S.C. No.11-cv-2516, April 13, 2012).

As a result of the injunction, the notice-posting rule will not go into effect on April 30, 2012, as previously scheduled, and the rule will remain suspended while the Circuit Court resolves the legal challenges to the rule. Accordingly, employers should not post the notice of employee rights mandated by the rule at this time. The Circuit Court is scheduled to hear oral arguments on the merits of the case in September and we will keep you informed as this issue continues to develop.

If you have any questions about this injunction or how it may impact your business, please contact any member of Baker Hostetler's Labor Relations Team.

Authorship Credit: Jeremiah L. Hart

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