It’s Official – Federal Court Says the NLRB Poster Stays Down

[Link: NLRB Posting Rule Delayed Again, Will We Ever See Resolution? – LXBN]

On April 17, 2012, the US Court of Appeals for the District of Columbia issued an emergency injunction blocking the implementation of the National Labor Relations Board’s much-debated poster rule. The reason: too many issues to sort through before the planned April 30 deadline for putting up the poster.

Including the video interview above with McKenna Long’s Seth Borden , here’s a quick recap of the latest ruling and its implications for businesses across the country:

NLRB Enjoined from Enforcing Notice-Posting Rule Pending Appeal (Morgan Lewis)

“A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit today has entered an Order enjoining the National Labor Relations Board (NLRB or Board) from enforcing its final rule (the Rule) requiring all employers subject to the Board’s jurisdiction to post a notice in the workplace informing employees of certain of their rights under the National Labor Relations Act (NLRA).” Read on>>

NLRB Notice Requirement: Postponed Indefinitely (Davis Wright Tremaine LLP)

“Thus, no employer needs to post the notice at this time and, depending on the outcome of the appeals, may never have to do so. The D.C. Circuit will hear the appeal on an expedited schedule, and has set oral argument for September 2012. The schedule for the South Carolina appeal has not yet been set.” Read on>>

NLRB Notice Posting Requirement Delayed (Siegel, O’Connor, O’Donnell & Beck, P.C.)

“The National Association of Manufacturers and the Coalition for a Democratic Workplace asked for the injunction after U.S. District Judge Amy Berman dismissed their legal challenge last month.” Read on>>

NLRB Rights Poster Requirement Temporarily Barred By Court – Posting No Longer Required On April 30 (Proskauer)

“… a Federal District Court in South Carolina ruled that the NLRB lacked authority to issue the rule. This occurred after another Federal Court in the District of Columbia held that the rule was valid, but the enforcement mechanism was not. The injunction came in the DC litigation.” Read on>>

D.C. Circuit Court Blocks NLRB’s Notice Posting Rule (Bracewell & Giuliani LLP)

“In its decision granting the emergency injunction pending appeal, the D.C. Circuit noted that the NLRB had ‘postponed operation of the rule during the pendency of the district proceedings in order to give the district court an opportunity to consider the legal merits before the rule took effect. That postponement is in some tension with the [NLRB’s] current argument that the rule should take effect during the pendency of this court’s proceedings before the court has had an opportunity to similarly consider the legal merits.’” Read on>>

Federal Court Enjoins NLRB Posting Requirement (Dinsmore & Shohl LLP)

“As a result of this order, the NLRB is effectively prohibited from requiring employers to post notices apprising employees of their rights to organize unions pending the resolution of the NAM appeal on the merits. The Court also ordered that the appeal would be expedited and that all briefing would conclude on June 29, 2012 and that oral argument would take place in September 2012.” Read on>>

April 17th Brings More Bad Luck for NLRB (Fisher & Phillips LLP)

“What this means to you is that there will be no compulsory NLRB notice-posting on or immediately after April 30, that even if the NLRB ultimately prevails in this endeavor, it won’t be until year’s end (if ever), and – hopefully – that perhaps this much-belated and ill-conceived ‘notice of rights’ idea will never become effective at all.” Read on>>

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