April 18, 2012 | No Comments
Posted by admin
In light of the South Carolina District Court’s April 13, 2012 decision holding that the NLRB lacks authority to promulgate its notice-posting rule, the U.S. Court of Appeals for the DC Circuit has granted an emergency motion to enjoin enforcement of the rule pending resolution of appellate issues. The Court of Appeals entered an Order on April 17, 2012 setting a briefing schedule, and directing the scheduling of oral argument for an appropriate date in September 2012. A copy of the April 17, 2012 Order issued by the Court of Appeals for the DC Circuit may be found at http://documents.nam.org/is/US_Court_NAM_NLRB_Order.pdf. For employers, this means the requirement to post the NLRB’s proposed notice of employee rights under the NLRA by April 30, 2012 is no longer in effect. The notice-posting rule will not become effective, if at all, until the legal issues surrounding its enforcement are adjudicated before the Court of Appeals.