As we discussed in our prior Alerts, pursuant to a recent regulation by the federal National Labor Relations Board (NLRB), most private sector employers, whether or not these employers have union employees, must post notices advising employees of their rights under the federal National Labor Relations Act (NLRA). The posting requirement was set to take effect on November 14, 2011, before the NLRB postponed the effective date to January 31, 2012 and then again to April 30, 2012 because of court challenges. The US District Court for the District of Columbia had recently upheld the requirement that employers post the notice (but held that the failure to post such notice was not a per se unfair labor practice).
On April 13, 2012, the US District Court for the District of South Carolina held that the NLRB's mandatory posting rule was unlawful because the NLRB did not have the authority to promulgate such rule. Then, on April 17, 2012, the US Court of Appeals for the District of Columbia Circuit issued an injunction preventing the mandatory posting rule from taking effect pending the appeal of the District Court's decision. The Court of Appeals is scheduled to hear oral argument on the appeal in September 2012. Later that same day, the NLRB announced that, "[i]n view of the DC Circuit's order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the rule pending the resolution of the issues before the court."
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