Legal Updates and Articles
STOP THE PRESSES: The NLRB SUSPENDS NOTICE POSTING RULE
The National Labor Relations Board (“NLRB”) union-rights posting requirement has been put on hold after federal district courts in South Carolina and the District of Columbia recently issued decisions on the legality of the Board’s notice posting rule. The controversial posting rule would require most private sector employers to post an 11-by-17 inch notice informing employees of their union related rights. It was scheduled to take effect on April 30, 2012.
On March 2, 2012, in National Association of Manufacturers v. NLRB, the D.C. district court invalidated several enforcement provisions of the notice posting rule but ultimately held that the NLRB had authority to promulgate the rule. The National Association of Manufacturers appealed the portion of the D.C. district court’s decision that validated the posting rule and requested an injunction pending the appeal. On April 17, 2012, the United States Court of Appeals for the District of Columbia granted the request for an injunction, barring the NLRB from enforcing the notice posting rule. The injunction was issued only days after the April 13, 2012, decision of the South Carolina district court in Chamber of Commerce of the United States v. NLRB, which invalidated the notice posting rule in its entirety, reasoning that the NLRB lacked the authority to promulgate such a rule.
Although the NLRB has agreed to suspend the effective date of the notice posting rule to allow resolution of pending cases, it has made clear that it intends to appeal both the National Association of Manufacturers and Chamber of Commerce decisions in an effort to implement the notice posting rule in the future. Oral argument before the D.C. Circuit is slated for September 2012.
For now, employers need NOT comply with the notice posting rule’s April 30, 2012 effective date. However, the posting rule is likely to continue to be the subject of much litigation. Employers should stay informed of developments.
For further assistance about the contents of this Announcement or any other employment and labor matters, please email Ellen Crane or Robert Kendrick or call (989) 498-2100.
