On May 7, 2013, a three-member panel of the U.S. Court of Appeals for the DC Circuit vacated the NLRB’s Notice Posting Rule, originally issued by the Board in August 2011. The Rule required that virtually all private-sector employers post a Notice to Employees, informing employees of various rights under the National Labor Relations Act (Act), such as the rights to engage in union organizing, form or join a union, and strike. The Notice also described various actions by employers or unions that would be illegal under the Act.
Continue Reading NLRB’S Notice Posting Rule Invalidated by DC Court of Appeals

On April 17, 2012, in response to an emergency motion, the Court of Appeals for the D.C. Circuit issued an injunction blocking the National Labor Relations Board from implementing its notice posting rule, which was set to go into effect at the end of the month. The D.C. Circuit’s order follows on the heels of a South Carolina opinion striking the posting rule as beyond the scope of the Board’s authority.

As a result of the court’s injunction, employers are relieved from having to comply with the notice posting rule until the conclusion of the appeal. While the appeal is on an expedited schedule, a decision is not expected until September 2012 at the earliest.
Continue Reading NLRB Notice Posting Saga Continues: Federal Court Blocks Board’s Rule