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DC Circuit Temporarily Enjoins Labor Board's Posting Rule

On April 17, 2012, the District of Columbia Circuit Court of Appeals granted the National Association of Manufacturer's (NAM) emergency motion for an injunction pending appeal.  NAM is appealing the district court's decision that held the National Labor Relations Board had authority to issue the notice posting requirement rule.

The notice posting rule would require most private sector employers to post a notice advising employees of their rights under the National Labor Relations Act (NLRA).  The notice would need to be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted. Employers may also be required to publish a link to the notice on an internal or external website if other personnel policies or workplace notices are posted there.  The implementation of the rule has been postponed several times awaiting rulings by the courts as to the legality of the posting requirement.

The injunction follows the April 13, 2012 ruling by a federal judge in South Carolina that the NLRB lacked authority to require private-sector employers to post an Employee Rights Notice under the NLRA, disagreeing with the ruling from the district court for the District of Columbia.  The NLRB issued a press release on April 17, 2012 indicating the agency disagreed with the South Carolina District Court's ruling and would appeal. 

NAM sought the injunction from the DC Circuit Court and an accelerated briefing schedule for the appeal of the District of Columbia District Court's ruling to prevent the requirement from taking effect prior to the decision by the DC Circuit. Employers, whether organized or not, will need to consult with their labor attorneys to determine whether the posting requirement will be required and its potential impact on their businesses.

By: Justin A. Morocco

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