On April 17, 2012, a federal appellate court enjoined the National Labor Relations Board (NLRB) from putting its new rule into effect at the end of this month that would require most employers to post a formal notice in the workplace advising employees of their union-organizing rights.
After a federal court in the District of Columbia held that the NLRB had the authority to issue the notice-posting requirement and, more recently, another federal court in the District of South Carolina held that the NLRB did not have the authority to issue such a rule, employers were left with conflicting guidance on whether to post the employee notice issued by the NLRB.
The D.C. Circuit clarified the situation by issuing an order ensuring that the NLRB's rule would not go into effect on April 30, 2012, when the court granted an emergency injunction to delay the rule, pending the outcome of the appellate proceedings. As oral argument is set for September 2012, a new deadline for the notice-posting requirement is unlikely until at least fall 2012—if at all. Duane Morris will continue to monitor and report on developments in the coming months.
About the Duane Morris Institute
Learn more about the implications of this ruling and other actions being taken by the NLRB impacting both union and non-union employers during the Duane Morris Institute webinar "Are You Prepared for the 'Union Spring' of 2012?" to be held on May 9, 2012.
If you have any questions about this Alert, please contact any of the attorneys in our Employment, Labor, Benefits and Immigration Practice Group or the attorney in the firm with whom you are regularly in contact.
This article is for general information and does not include full legal analysis of the matters presented. It should not be construed or relied upon as legal advice or legal opinion on any specific facts or circumstances. The description of the results of any specific case or transaction contained herein does not mean or suggest that similar results can or could be obtained in any other matter. Each legal matter should be considered to be unique and subject to varying results. The invitation to contact the authors or attorneys in our firm is not a solicitation to provide professional services and should not be construed as a statement as to any availability to perform legal services in any jurisdiction in which such attorney is not permitted to practice.
Duane Morris LLP, a full-service law firm with more than 700 attorneys in 24 offices in the United States and internationally, offers innovative solutions to the legal and business challenges presented by today's evolving global markets. Duane Morris LLP, a full-service law firm with more than 700 attorneys in 24 offices in the United States and internationally, offers innovative solutions to the legal and business challenges presented by today's evolving global markets. The Duane Morris Institute provides training workshops for HR professionals, in-house counsel, benefits administrators and senior managers.
