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.
1 comment:
Update: The NLRB has said that it will comply with the Court's injunction and will postpone enforcement of the Notice Posting Requirement. In a public statement, NLRB Chairman Mark Gaston Pearce stated "In view of the DC Circuit's order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the rule pending the resolution of the issues before the court." The NLRB's press release is available at www.nlrb.gov.
Post a Comment