To Post or Not to Post: NLRB Posting Delayed
By: Phyllis Katz. This was posted Wednesday, April 18th, 2012
Today, the U.S. Court of Appeals for the District of Columbia issued a temporary injunction against the National Labor Relations Board’s enforcement of its new rule requiring private employers to post a notice to employees informing them of their rights under the National Relations Act. The court did not invalidate the rule, it just held that the rule could not take effect until the legal questions are resolved by the court.
The U.S. District Court for the District of Columbia previously upheld the rule. However, last week, the U. S. District Court for the District of South Carolina found that the rule exceeded the authority given to the NLRB by Congress. As a result, employers will not be required to post the notice on April 30, 2012 as previously reported in this blog.