Last week 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).
The NLRB's notice-posting rule required all private sector employers to post a notice to their employees informing them of their rights under the National Labor Relations Act, including the right to organize and form a union, the right to bargain collectively and the right to engage in concerted activity, including the right to engage in strikes.
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.