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April
17, 2012
UNITED STATES COURT OF APPEALS FOR THE D.C. CIRCUIT
ENJOINS THE NLRB
NOTICE POSTING RULE
By: Thomas P. Brady
In National Association of Manufacturers v. NL=
RB,
the District Court for the District of Columbia, held that the
National Labor Relations Board could require employers to post the
Employee Rights Notice informing employees of their rights under =
the
National Labor Relations Act. The National Association of
Manufacturers appealed this decision to the Court of Appeals for =
the
District of Columbia. However, pending the appeal, the Board
announced that employers had to post the notice effective April 3=
0,
2012.
On April 13, 2012, the District Court for South Caro=
lina
reached a different conclusion. It found that the Board lack=
ed
authority to enact a rule requiring private employers to post the
Employee Rights Notice. Chamber of Commerce v NLRB,
D.S.C., No. 11-cv-2516.
On April 17, 2012, the Court of Appeals for the Dist=
rict
of Columbia Circuit enjoined the Board from requiring the posting=
of
the Employee Rights Notice pending the court's review. The c=
ourt
set an expedited briefing schedule and will hear the case in Sept=
ember
2012.
Given the injunction, employers do not have to post =
the
Employee Rights Notice by April 30, 2012. The posting of the
Employee Rights Notice will not be required until after the Court=
of
Appeals for the District of Columbia decides the appeal, which wi=
ll
occur sometime after September.
If you have any questions please contact Thomas P. Brady, (313) 965-8291, tbrady@cla=
rkhill.com
or another Clark Hill labor or employment attorney.
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