D.C. Circuit Court Enjoins NLRB on Posting Requirement
Yesterday we issued an Alert about the District Court
in South Carolina ruling that the NLRB’s Poster Rule exceeded the agency’s authority
and was, therefore, invalid. We
mentioned that there was a somewhat contradictory decision from the District of
Columbia District Court that upheld the posting requirement, but struck down
certain remedial aspects of the rule.
That D.C. case was appealed and the U.S. Circuit Court of Appeals for
the D. C. Circuit has, today, issued an injunction against the NLRB pending
review by the Court of Appeals that prevents the NLRB from requiring that the
poster be put up.
This appellate court decision means that
private employers who are subject to NLRB’s jurisdiction will NOT have to post
the poster on or before April 30. It
will likely take several months to get a final decision by the Court of
Appeals. Until then, employers need not
post the NLRB-mandated poster. (Note, though, that federal contractors are
required to post an almost identical poster under E.O. 13496).
As always, we will keep you up to date as
developments occur.
