Stop The Presses: NLRB Poster Rule Enjoined

The Court of Appeals for the District of Columbia Circuit late yesterday issued an emergency injunction to postpone the April 30, 2012 effective date of the NLRB posting requirement. The court will decide whether the NLRB had the statutory authority to issue the rule in the first place. On Sunday, April 15, 2012, a United States Federal District Court in Charleston, South Carolina, issued an injunction blocking enforcement of the rule, while previously a United States District Court for the District of Columbia denied the business community's request for an injunction and permitted the rule to proceed. The effect of the District of Columbia Court of Appeals' emergency injunction is that employers are not required to post the notice. If you have already posted the notice, you may remove it. The Court of Appeals will consider the legality of the posting requirement on a fast track basis, but it may be several months before an ultimate decision is issued.

Certainly, we are pleased with this development, but our greater concern has always been the proposed NLRB rules to change election procedures to move toward quick elections and away from the current 42-day standard. This proposed rule is a far greater risk to employer rights than posting a notice on an already crowded notice board.