CLIENT UPDATE

Putney, Twombly, Hall & Hirson LLP
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New York, NY 10175
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April 17, 2012

D.C. Court of Appeals Enjoins the NLRB Workers' Rights Posting Requirement

Today, the Federal Court of Appeals for the District of Columbia granted an injunction against the enforcement of the National Labor Relations Board’s (“NLRB”) rule requiring all employers covered by the National Labor Relations Act (“NLRA”), regardless of union status, to conspicuously post a notice of employee rights under the NLRA beginning April 30, 2012.  National Association of Manufacturers v. NLRB, No. 12-5068 (D.C. Cir., April 17, 2012).  Our Client Alerts regarding the adoption of, and challenges to, the NLRB’s rule are available on our client updates webpage.

History

On March 2, 2012, the Federal District Court for the District of Columbia ruled that the NLRB had the authority to require all employers covered by the NLRA to post the notice, but that the NLRB exceeded its authority in promulgating the unfair labor practice and tolling provisions contained in the rule.  National Association of Manufacturers v. NLRB, No. 11-1629 (D.D.C. Mar. 2, 2012).  Pending appeal of that decision, the National Association of Manufacturers requested that the D.C. Court of Appeals enjoin enforcement of the NLRB’s notice posting requirement. 

Today, the D.C. Court of Appeals enjoined the posting requirement pending full review of the appeal, and ordered an expedited appeal.  The appeal is scheduled for oral argument in September 2012, and we anticipate a decision shortly after the argument.

Significance for Employers

Although no New York court has ruled on the issue, given the D.C. Court of Appeals  injunction against enforcement, we advise employers not to post the NLRB worker’s rights notice pending further guidance from a Federal Court of Appeals or the NLRB. 
We will keep you apprised of developments.  Please do not hesitate to contact us with any questions.