The D.C. Circuit Court of Appeals has temporarily enjoined the National Labor Relations Board’s Rule requiring the posting of employee rights, which had been scheduled to take effect on April 30, 2012. In light of this order, the Board has stated that regional offices will not implement the Rule, pending the resolution of the issues before the DC Circuit Court. The Board explained that its action was necessary in order to assure uniform implementation and administration of agency rules.
The Board represented that it plans to appeal the D.C. District Court’s decision that the enforcement mechanisms of the Rule were impermissible. In addition, the Board will appeal the South Carolina District Court opinion, which found that the NLRB lacked authority to promulgate the Rule, rendering it completely unlawful.
Until further notice, therefore, employers should not post the NLRB rights poster. Be sure to check this blog as more updates are sure to occur in this rapidly changing environment.