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Federal District Court Emergency Injunction Blocks Labor Board's Mandatory Posting Requirement

Labor and Employment Alert | April 19, 2012
John K. Baker and George C. Morrison

We previously notified you of the National Labor Relations Board’s (NLRB) intent to require employers to post an official notice advising employees of their rights under the National Labor Relations Act (NLRA) effective April 30, 2012.  This week, the United States Court of Appeals for the District of Columbia Circuit issued an emergency injunction prohibiting the NLRB’s enforcement of the new notice and posting requirements.  In response to the injunction and a pending appeal before the Court of Appeals for the District of Columbia Circuit, the NLRB now maintains that its regional offices throughout the United States will not enforce the new rules until after resolution of the pending appeal.  Nevertheless, the NLRB continues to maintain that “requiring employers to post this notice is well within the Board’s authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law.”   

Notwithstanding the NLRB’s view on its rule-making authority, it has directed its regional offices not to enforce the posting requirement in the interest of uniform implementation and administration of NLRB rules.         

We will continue to update you of further developments.  Please contact John K. Baker (610.782.4913; bakerj@whiteandwilliams.com), George Morrison (610.782.4911; morrisong@whiteandwilliams.com) or any member of our Labor and Employment Law Group for further assistance.

This correspondence should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult a lawyer concerning your own situation and legal questions.
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