United States Court of Appeals for the D.C. Circuit Enjoins the NLRB Notice Posting Rule

In National Association of Manufacturers v. NLRB , 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 30, 2012.

On April 13, 2012, the District Court for South Carolina reached a different conclusion. It found that the Board lacked 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 District of Columbia Circuit enjoined the Board from requiring the posting of the Employee Rights Notice pending the court's review. The court set an expedited briefing schedule and will hear the case in September 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 will occur sometime after September.

If you have any questions please contact Thomas P. Brady , (313) 965-8291, tbrady@clarkhill.com or another Clark Hill labor or employment attorney.