FEDERAL APPEALS COURT HALTS IMPLEMENTATION OF NLRB EMPLOYEES' RIGHTS POSTING |
On Tuesday, April 17, 2012, the United States Court of Appeals for the District of Columbia Circuit granted an emergency injunction in National Association of Manufacturers v. NLRB, No. 12-5068, staying the National Labor Relations Board's (the "NLRB") rule requiring all employers covered by the National Labor Relations Act (the "Act") to post a notice informing employees of their rights. As a result, the posting rule will not go into effect on April 30, 2012. The stay will remain in place while the appellate courts, and possibly the U.S. Supreme Court, decide whether the NLRB has the authority to promulgate the posting rule. Although the Court ordered expedited briefing and scheduled oral argument for September 2012, it is likely the stay will remain through most of the balance of 2012. For now, however, employers are not required to post the notice.
We will continue to monitor the ongoing appeals and will update you as appropriate. If you have any questions, please feel free to contact us. |