As we have discussed in prior editions of the Newsletter, there has been considerable controversy and legal challenges regarding the legality of the NLRB’s mandate to require all employers covered by the National Labor Relations Act, (which essentially includes all union and non-union employers) to post the NLRB’s Employee Rights Poster.
The first deadline in January was pushed back until April 30, 2012 and now the deadline is once again postponed.
As of April 12th, a South Carolina District Court ruled that the NLRB did not have the legal authority to mandate the posting of their Employee Rights Poster. This District Court decision is in direct conflict with a decision issued by the District of Columbia District Court. Pending the appeal of these two conflicting decisions, a Circuit Court of Appeal in the District of Columbia granted a request for a Temporary Injunction preventing the implementation of the NLRB’s posting requirement. As a result of this ruling, it the poster requirement is once again on hold.
Because of the controversy that has not yet been resolved regarding the viability and enforce ability of the posting requirement, the D.C. Court determined that a temporary injunction was appropriate.
The NLRB Chair has announced: In 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.”
So for now, the poster need not be posted. We will keep you updated as this issue develops.