A Tale of Two Federal Districts: The Uncertain Fate of the NLRB Poster
The fate of the National Labor Relations Board (“NLRB”) poster is in legal limbo, and that is now official. Last month, Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia ruled the NLRB had the authority to require employers to display an oversized poster informing employees of their right to unionize. That decision is on appeal to the D.C. Circuit. Just last week, Judge David C. Norton of the U.S. District Court for the District of South Carolina reached the opposite conclusion. An appeal is expected. Today, the D.C. Circuit issued an order staying the effective date of the posting requirement
Saving employers from the uncertainty of whether or not to comply with the April 30, 2012 implementation deadline, the D.C. Circuit issued an emergency injunction pending the outcome of its appeal. The injunction orders the NLRB not to enforce the posting requirement until the appeal is resolved. Oral argument is expected in September, so it is unlikely employers will need to post the notice before the fall.
Will the poster requirement ultimately be upheld? Will the NLRB back down on this issue? Will these court decisions discourage the NLRB from more power grabs? Only time will tell.
Brody and Associates regularly advises its clients on union-related matters and provides union-free training. If we can be of assistance in this area, please contact us at firstname.lastname@example.org or 203.965.0560.