Tuesday, April 17, 2012

D.C. Court of Appeals Issues Injunction Against NLRB Notice Posting Rule

Today, a three-judge panel of the United States Court of Appeals for D.C. issued an injunction against implementation of the NLRB's new rule requiring employers to post a notice regarding employee rights under the National Labor Relations Act.  The NLRB's Notice Posting Rule was scheduled to go into effect on April 30, 2012.  The effective date of the Rule is suspended at least until the Court of Appeals issues its decision as to whether the NLRB lacked the authority to implement the rule.  The injunction comes on the heels of an opinion from the United States District Court in South Carolina that the NLRB did not have the authority to promulgate the notice posting requirement.

The Court of Appeals has established an expedited briefing schedule for the case.  Oral argument is scheduled for September 2012.

A copy of the Court of Appeals order is available here.