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NLRB Posting Requirement Faces Uncertain Future

A federal court has blocked a National Labor Relations Board (NLRB) mandate that would require most employers to post workplace notices informing employees of their collective bargaining rights under the National Labor Relations Act (NLRA).

On April 17, the U.S. Court of Appeals for the District of Columbia Circuit granted an emergency injunction prohibiting the rule from going into effect on April 30, as was previously scheduled.

The injunction comes after a March 2 ruling from a lower court holding that the NLRB was within its rights to implement the law. Following the ruling, the Coalition for a Democratic Workforce, of which ARSA is a member, joined with others in the business community seeking the injunction while the case is appealed.

The D.C. Circuit’s decision means the rule will no longer take effect on April 30. Oral arguments on the appeal are scheduled for September. Depending on the outcome, the earliest the rule could enter force would be in the fall.

South Carolina District Court rejects posting mandate

The injunction follows an April 14 ruling from another federal court, the U.S. District Court for South Carolina, which held that the NLRB does not possess the authority to mandate the posting . The South Carolina court’s holding stated that Congress did not intend to grant the Board the authority to proactively regulate employers.

The NLRB has indicated that it will appeal the South Carolina judgment.

~~~ posted 4/18/12 ~~~



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