Robert J. Hollingsworth
Court Blocks NLRB Employee Rights Notice Posting Requirement
On April 17, 2012, the Court of Appeals for the District of Columbia temporarily blocked implementation of the NLRB's new rule requiring private sector employers to post the NLRB's Employee Rights notice. Additionally, on April 13, 2012, a federal district court in South Carolina ruled that the NLRB lacked authority to promulgate the notice rule. In light of these rulings, the NLRB announced that it "will not implement the rule pending resolution of the issues before the court."
The fate of the posting rule is now unclear. While federal courts have the authority to decide whether the posting rule is valid, even if the rule is ultimately upheld by the courts, the fate of the rule may still be decided by the presidential election in November. If the election results in a Republican majority appointed to the NLRB, the Board could scrap the notice rule.
Stay tuned. We will report new developments and details as they become available.