NLRA Posting Requirement Stopped For Now

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The National Labor Relations Board (NLRB) will temporarily stop enactment of its notice-posting rule, which means that employers will not have to meet the April 30 implementation deadline, according to the California Chamber of Commerce, in an April 20 posting. The Court of Appeals for the D.C. Circuit granted the request of the National Association of Manufacturers (NAM) to temporarily stop the NLRB from enacting the posting rule.

Last year, the NLRB issued a rule requiring most private sector employers to post a notice informing employees of their rights under the National Labor Relations Act (NLRA). Until the latest court decision, the posting rule was set to take effect at the end of this month.

In response to the court of appeal ruling, NLRB Chairman Mark Gaston Pearce 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."

Court Battle

In March, a federal district court for the District of Columbia generally upheld the validity of the posting requirement rule. NAM appealed the decision.

NAM then asked the court to stop the NLRB from implementing the poster requirement while its appeal was pending. On April 17, the court agreed to grant this temporary injunction.

Last week, a federal district court in South Carolina ruled that the National Labor Relations Act posting requirement is unlawful. Employers nationwide were presented with two federal decisions that are in conflict with each other.

Given the uncertainty caused by the conflict in opinions, this injunction is welcome news.