As previously reported here, private employers will have a new poster to add to their bulletin boards for employees effective mid-November, 2011.  That is unless the courts decide otherwise. 

Earlier this month, the National Association of Manufacturers (“NAM”), filed a lawsuit [pdf] in the federal court for the District of Columbia to stop the NLRB from implementing its posting requirement.  NAM asserts that the Board has no jurisdiction to promulgate such rules and requests that the court set aside the rule. 

A week later, an identical lawsuit [pdf] was filed in the same court by the National Right to Work Legal Defense and Education Foundation, Inc. and the National Federation of Independent Business, among others. 

It is unlikely that the court will rule on the cases before mid-November.  Until the court decides otherwise, employers should be prepared to make room on the bulletin boards for this new notice.