NLRB Decision on Appeal

As a further update, on March 5, 2012 the National Association of Manufacturers (NAM), and other plaintiffs in the U.S. District Court lawsuit against the National Labor Relations Board (NLRB) filed a Notice of Appeal to challenge the Court's ruling upholding the NLRB's right to implement the“Posting Requirement” rule. The parties are in the process of submitting briefs on the legal issues.

NLRB Poster Rule Upheld

As previously reported, on August 25, 2011 the National Labor Relations Board (NLRB) issued a final rule called “Notification of Employee Rights under the National Labor Relations Act”. The rule was to be effective 75 days from publication, putting the effective date as either November 9, 2011 or November 14, 2011 (the NLRB put out a press release creating some confusion on the effective date). The NLRB then postponed the implementation date with a new effective date of January 31, 2012.

The effective date got postponed again when the National Association of Manufacturers brought a challenge to the rule in a U.S. District Court in Washington, DC. On March 2, 2012, U.S. District Court Judge Amy Berman Jackson ruled that the NLRB has the authority to implement the rule, although the court struck down the provision that would have made noncompliant employers guilty of an automatic unfair labor practice charge.

A copy of the court ruling can be found here.