Circuit Court Temporarily Enjoins NLRB's Mandatory Posting Rule
On April 17, the U.S. Court of Appeals for the D.C. Circuit issued a temporary injunction postponing the implementation of the National Labor Relations Board's rule requiring most private employers in the United States to post a notice informing employees of their right to join labor unions and engage in other concerted activities under the National Labor Relations Act (NLRA). (National Ass'n. of Manufacturers v. NLRB, Case No. 12-5068 (D.C. Cir. April 17, 2012)).
The NLRB's notice posting rule had been scheduled to take effect on April 30 but was challenged by employer groups in separate cases in two U.S. district courts. On March 2, the U.S. District Court for the District of Columbia upheld the obligation to post the notice but invalidated certain enforcement procedures prescribed in the NLRB's rule. (National Ass'n. of Manufacturers v. NLRB, Case No. 1:11-cv-01629-ABJ (D.D.C. March 2, 2012)). On Friday, April 13, the U.S. District Court for the District of South Carolina issued an order enjoining the entire rule, concluding that the NLRB did not have authority under the NLRA to require notice posting by private employers. (U.S. Chamber of Commerce v. NLRB, Case No. 2:11-cv-02516-DCN (D.S.C. Apr. 13, 2012)).
Given the uncertainty regarding enforcement of the NLRB's rule, the D.C. Circuit Court of Appeals granted an emergency motion enjoining the NLRB's notice posting requirement pending an expedited appeal of the decision of the D.C. District Court. The effective date of the NLRB's rule is now postponed until at least September 2012, when oral arguments are to be scheduled in the case. The compulsory notice posting is described in detail in our Jones Day Commentary titled "NLRB Issues Rule Mandating Notices Informing Employees About Rights to Organize," dated September 2011 and available here.
Lawyer Contacts
For further information, please contact your principal Firm representative or one of the lawyers listed below. General email messages may be sent using our "Contact Us" form, which can be found at www.jonesday.com.
Willis J. Goldsmith
New York
+1.212.326.3649
wgoldsmith@jonesday.com
George S. Howard, Jr.
San Diego
+1.858.314.1166
gshoward@jonesday.com
F. Curt Kirschner, Jr.
San Francisco
+1.415.875.5769
ckirschner@jonesday.com
Brian West Easley
Chicago
+1.312.269.4230
beasley@jonesday.com
G. Roger King
Columbus
+1.614.281.3874
rking@jonesday.com
Lawrence C. DiNardo
Chicago
+1.312.269.4306
lcdinardo@jonesday.com
Jessica Kastin
New York
+1.212.326.3923
jkastin@jonesday.com
E. Michael Rossman
Columbus
+1.614.281.3866
emrossman@jonesday.com
M. Carter DeLorme
Washington
+1.202.879.4643
cdelorme@jonesday.com
James S. Urban
Pittsburgh
+1.412.394.7906
jsurban@jonesday.com
Donald J. Munro
Washington
+1.202.879.3922
dmunro@jonesday.com
Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our "Contact Us" form, which can be found on our web site at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.
