Indefinite Delay: Court of Appeals Enjoins NLRB’s Poster Rule

Employers preparing for the upcoming April 30, 2012 implementation date of the National Labor Relations Board’s (NLRB) poster display rule can put down the thumbtacks and tape – at least for a little while longer.

In light of conflicting district court decisions and pending appeals as to whether the NLRB has authority to order this mandatory poster rule, on April 17, 2012 the Washington D.C. Circuit Court of Appeals issued a temporary injunction against the agency. This means that employers will not be required to hang the poster until the question of NLRB authority is settled. Oral arguments for the case are scheduled to begin September 2012.

See this blog’s October 3, October 12, 2011 and January 18, 2012 posts for a full chronology of the NLRB poster requirements and deadline extensions.

Another Delay: April 30, 2012 is New Deadline for NLRA Poster

This blog reported on the National Labor Relations Board’s (NLRB) latest notice-posting requirement for employers falling under its jurisdiction (see our October 3 and October 12, 2011 posts). Once again, the NLRB has extended the deadline to hang the mandatory and controversial 11-by-17 inch poster. The original deadline was November 14, 2011, then extended to January 31, 2012, and now extended to April 30, 2012.
Why the extensions?

The NLRB reported that its first deadline extension was to grant confused employers more time to determine whether they were required to hang the poster.

Now, this second extension comes on the heels of a Washington D.C. federal judge’s request that the NLRB postpone the rule’s effective date pending current legal challenges to the Board’s authority regarding the rule. In addition to the Washington lawsuit (consolidated from originally two suits filed by various trade and labor organizations), the US Chamber of Commerce and South Carolina Chamber of Commerce also filed lawsuits in the US District Court of South Carolina challenging the notification rule.

Pending a court ruling on the matter, employers are expected to comply with the current rule. Contact SYK attorneysTim Resch or Steve Seymour for help with this or other employment and labor questions.