NLRB Poster Rule Blocked Again

4/17/2012 Steven A. Palazzolo

The U.S. Court of Appeals for Washington D.C. has issued a temporary injunction against the National Labor Relations Board that prevents the Board from moving forward with the poster rule as planned. Before the injunction, the Board was set to require that employers post a notice to inform employees of their rights under the National Labor Relations Act, by April 30, 2012.

The injunction is the latest in a series of challenges filed against the Board. Last month, the Washington D.C. District Court ruled that although the Board had the authority to require employers to post the poster, it did not have the authority to assess penalties against the employers for not posting the poster. Because of the district court’s “severability analysis,” which ruled certain penalty provisions invalid, and the Board’s indication that it may cross appeal, the Court of Appeals decided to issue the injunction.

This decision comes very quickly after a South Carolina district court ruled that the Board does not have the authority to make private employers post the poster. The district court reasoned that although the notice-posting rule “aids” or “furthers” the goals of the Act, the Board has not shown that the rule was “necessary” to actually carry out the provisions of the Act.

If you have any questions, please contact Steve Palazzolo (616.752.2191 or spalazzolo@wnj.com), Tara Kennedy (616.752.2717 or tkennedy@wnj.com), or any other member of Warner Norcross & Judd’s Labor and Employment Practice Group.

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