Wednesday, April 18, 2012

Further Delay In NLRB Posting Requirement

The NLRB has announced that it will not yet implement its rule requiring employers covered by the National Labor Relations Act to post a Notice advising employees of their Union rights. The posting requirement was scheduled to take effect on April 30, 2012.

In light of conflicting decisions at the district court level as to whether the NLRB has authority to promulgate the rule in the first instance, the DC Circuit Court of Appeals has temporarily enjoined the NLRB’s rule. The NLRB stated 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."

More to come.

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