Implementation of NLRB Notice Posting Rule Delayed?

On April 17, 2012, the United States Court of Appeals for the District of Columbia granted a temporary injunction blocking the implementation of the NLRB rule requiring employers to post a notice advising employees of their rights under the National Labor Relations Act. In response to the injunction, NLRB Chairman Mark Gaston Pearce announced that the NLRB regional offices, "will not implement the rule pending the resolution of the issues before the court." As a result, employers do not have to implement the NLRB posting rule until the Court of Appeals decides the case.

The Court of Appeals has ordered expedited briefing in the case, and it will likely issue a decision before the end of the year. As we reported in January 2012, the NLRB had previously agreed to postpone the rule’s effective date to April 30, 2012.

In a separate case, the U.S. District Court for the District of South Carolina invalidated the NLRB rule in its entirety on April 13, 2012. Chairman Pearce announced that the NLRB will appeal the South Carolina District Court’s ruling.

For more information on the contents of the NLRB rule, please see our September 2011 Labor & Employment Law Alert.