CHA News Article

Appellate Court Again Postpones Date to Post NLRB Employee Notice

The District of Columbia Court of Appeals issued an order April 17 that further postpones the effective date of the National Labor Relations Board’s (NLRB) controversial Employee Rights Notice Rule. The order prohibits NLRB from implementing the rule during the litigation. Given the court’s briefing schedule, the rule is now postponed until at least September 2012. Earlier this year, NLRB issued the rule, which requires all private-sector employers whose workplaces fall under the National Labor Relations Act to post an employee rights notice where other workplace notices are typically posted. The notice is controversial, in part because it imposes penalties on any employer who fails to post the notice. Several lawsuits were filed challenging NLRB’s authority to issue the rule. Earlier this year, a District of Columbia trial court concluded that NLRB had authority to require the posting, but did not have authority to impose penalties for failure to post. Last week, a trial court in South Carolina concluded that NLRB had no authority to issue the notice.

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