NLRB Posting Date in Limbo, Subject to Injunction

U.S. District Court Injunction Delays NLRB posting

The District of Columbia Court of Appeal granted the National Association of Manufacturers emergency motion for injunction that indefinitely postpones the effective date for the required display of the NLRB poster pending court review. (Read the original motion for injunction here.)

The Injunction Order referenced the recent Chamber of Commerce v. NLRB ruling in the U.S. District Court in Charleston, South Carolina, in which the Honorable David C. Norton ruled that the NLRB has no power to require a posting. The injunction also restates the D.C. District Court’s previous ruling that invalidated any power for the NLRB to enforce a posting requirement. The D.C. District Court will begin receiving briefs in mid-May with oral arguments to be scheduled in September 2012.

NLRB Chairman Mark Gaston Pearce said of the recent decisions, “We continue to believe 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.”

What Do I Need to Post?

GovDocs standard Federal All-on-One poster includes all mandatory federal postings required for most employers in the U.S. If you are an employer under the NLRB’s jurisdiction that already has displayed the NLRB posting, not to worry: the posting is still compliant.

If you are an employer who chooses to post the NLRB’s Employee Rights Notice, GovDocs also offers a Federal All-on-One poster with the NLRB posting, in addition to all of the mandatory federal postings.

Stay tuned as GovDocs keeps you First to Know for all things NLRB and labor law!