What you need to know:
The US Court of Appeals for the DC Circuit has put a hold on the National Labor Relations Board’s posting rule requiring employers to notify employees of their rights to unionize. Employers no longer need to post copies of the notice by April 30.
What you need to do:
Employers should stay tuned for further developments on the posting requirement.
On March 17, the DC Circuit enjoined the implementation of the NLRB’s posting rule which was set to go into effect on April 30, 2012. The Court put the posting rule on hold while it decides an appeal brought by the National Association of Manufacturers and others.
The Appeals Court’s decision to delay the posting rule came after conflicting decisions were issued from the US District Courts for the District of DC and South Carolina. As reported in a previous Client Alert, on March 2, US District Court Judge Amy Jackson upheld the notice-posting requirement. In that case, Judge Jackson refused to postpone the posting deadline, finding that the NLRB rule simply notifies employees of rights that they are already guaranteed under the NLRA. She explained that merely increasing employees’ awareness of their rights could not constitute irreparable harm to employers.
However, in the South Carolina case, US District Court Judge David C. Norton invalidated the rule in its entirety. Judge Norton found that the NLRB exceeded its authority in promulgating the rule. He explained that the NLRB is not authorized to affirmatively impose obligations on employers prior to alleged violations.
In light of the conflicting decisions, NLRB Chairman Mark Gaston Pearce has confirmed that the NLRB will not implement the rule until the ongoing legal challenges are resolved. Employers are no longer required to post the notice by April 30, but should stay tuned for further developments.