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.
With the notice posting requirement set to take effect on April 30, 2012, court decisions continue to emerge regarding the legality of the posting requirement. On April 13, 2012, the United States District Court for the District of South Carolina held the National Labor Relations Board (NLRB) exceeded its authority in promulgating the notice posting requirement. The district court granted summary judgment in favor of the U.S. Chamber of Commerce and South Carolina Chamber of Commerce by finding the NLRB violated the Administrative Procedure Act by putting the posting requirement into effect. This posting requirement has and will continue to face legal challenges around the nation.
The United States District Court for the District of Columbia issued a decision today finding that the NLRB posting requirement provision deeming a failure to post an unfair labor practice (ULP) and tolling the statute of limitations in ULP actions against employers who fail to post violate the National Labor Relations Act (NLRA) and are invalid as a matter of law.