NLRB Delays Posting Requirement Indefinitely

Within hours after the D.C. Circuit Court of Appeals decision enjoining enforcement of the NLRB’s Posting Rule, and citing “the strong interest in the uniform implementation and administration of agency rules,” the NLRB’s Chairman instructed NLRB regional offices not to implement the Posting Rule pending resolution of the issues before the courts. Board Chairman Mark Pearce also confirmed that the Board will appeal last week’s decision by the Federal District Court in South Carolina that the NLRB lacked authority to promulgate the Posting Rule. In view of these developments, the earliest date that the Board would require employers to post the Board’s notice would be late September 2012, which assumes the Court of Appeals issues a decision immediately after it hears oral argument. We will continue to monitor further developments, so be sure to check this site regularly for updates. If you have any questions about the NLRB posting requirement, contact Patrick McGovern, Esq. or John Vreeland, Esq. in our Labor Law Practice Group.