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NLRB's Employee Rights Poster Rule on Hold Again

Apr 19, 2012

On Tuesday the chairman of the National Labor Relations Board announced that the DC Circuit Court of Appeals has temporarily enjoined the NLRB's rule requiring the posting of employee rights, which had been scheduled to take effect on April 30, 2012.

On August 30, 2011 the NLRB issued a final rule that requires both unionized and non-unionized employers that are subject to the NLRB's jurisdiction to post a notice that advises employees of their right to form a union under the National Labor Relations Act. Most private sector employers are subject to the NLRB's jurisdiction. The posting requirement was originally scheduled to go into effect on November 14, 2011.

Late last year the NLRB postponed implementation of the posting requirement until April 30, 2012 due to litigation that was pending in the District of Columbia. Last month a Federal District Court in the District of Columbia upheld the right of the NLRB to issue the notice requirement. Last week a Federal District Court in South Carolina ruled that the NLRB did not have the authority to issue the posting rule. The NLRB has stated that it plans to appeal the decision of the South Carolina District Court.

As of today there is no new deadline for the posting requirement.

Please contact Michael McConville at 585.546.2500 of our corporate/business department if you need further information regarding employee posting rules or to discuss any other business related matters. 

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