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Alert: D.C. Circuit Enjoins NLRB from April 30 Notice Posting Rule

As you probably know, the NLRB promulgated a controversial rule that would have required virtually all employers to post an “Employee Rights” Notice by April 30 (see www.nlrb.gov/poster). This rule was subject to two court challenges.

On Friday April 13, 2012, a Federal District Court in South Carolina held that the NLRB lacked authority to issue the rule. Chamber of Commerce v. NLRB, 2:11-cv-02516-DCN (D. S.C. Apr. 13, 2012).

The other case, Nat’l Assn. of Manufacturers v. NLRB, was on appeal to the D.C. Circuit Court of Appeals. In an Order entered this morning, the D.C. Circuit granted NAM’s emergency motion for injunction to preserve the status quo pending a decision from the Circuit Court. Nat’l Assn. of Manufacturers, et al. v. NLRB, et al., USCA Case #12-5068 (D.C. Cir. Apr. 17, 2012). The Order further states that the appeal is to be argued in September 2012.

The bottom line is that the D.C. Circuit has entered an Order that the NLRB may not move forward with the rule. Thus, employers are not legally obligated to post the Notice by April 30 (and may not have to post in the future depending on the decisions of the Courts).

As always, please stay tuned for further developments or contact Todd Leeson or any member of Gentry Locke’s employment law team if you have questions.

Please note: This page is provided for general informational purposes only and is a marketing publication of Gentry Locke Rakes & Moore, LLP. It is intended to alert visitors to developments in the law and is does not constitute legal advice or a legal opinion on any specific facts or circumstances. You are urged to consult your own lawyer concerning your situation and specific legal questions you may have.

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