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Appeals Court Puts Hold On NLRB Posting Requirement

April 23, 2012

The saga continues with the on again, off again requirement for employers to post the new notice mandated by the National Labor Relations Board. In March, the U.S. District Court for the District of Columbia ruled that the NLRB did not exceed its authority in promulgating the notice posting requirement.

This decision was appealed, and on Tuesday, April 17, the U.S. Court of Appeals for the District of Columbia suspended the implementation of an NLRB rule that would require nearly all non-profit and private-sector employers to display a National Labor Relations Act (NLRA) employee rights poster by April 30, pending further review. The Court will hear the case on appeal from the district court which ruled in favor of the NLRB. In a related but separate challenge to the NLRB posting rule, a federal district court in South Carolina struck down the notice posting requirement ruling that the NLRB lacked the statutory authority to require employers to post the notice.

The D.C. Appeals Court injunction is the third extension of the NLRA posting rule's effective date. Originally scheduled for November 2011, it has been previously delayed until both January 2012 and April 2012.

For employers wishing to remain union-free, SESCO has several options available including training for managers, employee opinion surveys, and our Union Awareness/Avoidance Manual.

If we may be of assistance, contact Bill Ford at 423-764-4127 or by email at