• D.C. Circuit Enjoins NLRB's Posting Rule, Pending Appellate Proceedings
  • April 23, 2012
  • Law Firm: Duane Morris LLP - Philadelphia Office
  • On April 17, 2012, a federal appellate court enjoined the National Labor Relations Board (NLRB) from putting its new rule into effect at the end of this month that would require most employers to post a formal notice in the workplace advising employees of their union-organizing rights.

    After a federal court in the District of Columbia held that the NLRB had the authority to issue the notice-posting requirement and, more recently, another federal court in the District of South Carolina held that the NLRB did not have the authority to issue such a rule, employers were left with conflicting guidance on whether to post the employee notice issued by the NLRB.

    The D.C. Circuit clarified the situation by issuing an order ensuring that the NLRB's rule would not go into effect on April 30, 2012, when the court granted an emergency injunction to delay the rule, pending the outcome of the appellate proceedings. As oral argument is set for September 2012, a new deadline for the notice-posting requirement is unlikely until at least fall 2012-if at all. Duane Morris will continue to monitor and report on developments in the coming months.