NLRB Poster Rule Enjoined

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Robinson Bradshaw Publication
April 19, 2012

In light of conflicting decisions at the district court level, on April 17 the DC Circuit Court of Appeals temporarily enjoined the NLRB’s rule requiring the posting of employee rights under the National Labor Relations Act, which had been scheduled to take effect on April 30. See Robinson Bradshaw Alert dated January 4, 2012. In March, Judge Jackson of the D.C. District Court found that the NLRB had the authority to issue the rule. However, on April 13, Judge Norton of the South Carolina District Court found that the agency did not have power and he declared the NLRB’s new rule invalid. The issue will be decided by the Court of Appeals later this year. In the meantime, the NLRB will not be allowed to implement the rule, and employers are not required to post the NLRB’s notice of rights poster at this time.

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