For Now, No Notice Required: D.C. Circuit Enjoins NLRB Notice Posting Requirement
April 23, 2012
BY TODD C. DUFFIELD & SANDRA N. BENJAMIN
Earlier this month, Paul Hastings published a Stay Current regarding a rule enacted by the National Labor Relations Board requiring private sector employers subject to the National Labor Relations Act (NLRA) to post a notice designed to inform employees of their rights under the NLRA, including their right to unionize and bargain collectively. The rule was most recently scheduled to go into effect on April 30, 2012.
Following a D.C. District judges ruling, upholding the NLRBs authority to require employers to post the notice, several employer groups involved in the litigation appealed the decision, requesting an injunction to allow the D.C. Circuit time to consider the appeal before the fast-approaching April 30, 2012 deadline. On April 17, 2012, the D.C. Circuit granted the injunction, enjoining enforcement of the rule during appeal. The D.C. Circuit noted that the Boards earlier postponement weighed in favor of injunction, as did the Boards indication that it may appeal the portion of the ruling invalidating certain enforcement mechanisms. The D.C. Circuit has ordered expedited briefing, with oral argument to be scheduled for September 2012. In the meantime, the NLRB said that regional offices will not implement the rule pending the resolution of the issues before the court.