NLRB'S Rights Poster Rule Blocked By Temporary Injunction

 

On April 17, 2012, the United States Court of Appeals for the District of Columbia granted an emergency injunction just two weeks before millions of private employers would have been required to post a workplace Notice informing employees of their rights under the National Labor Relations Act, including their right to form a union and bargain collectively regarding wages and working conditions. This injunction will remain in effect indefinitely while the National Labor Relations Board ("NLRB") appeals the April 13, 2012 decision by a Federal District Court in South Carolina which held that the Board did not have the authority to promulgate the Rule.  

 

The temporary injunction is a positive step in nullifying the rule, which has been vehemently opposed by employers. Thus, while there is no obligation to post the Notice at this time, employers should nevertheless continue to ensure that their supervisors and managers are adequately trained on how to recognize a potential union organizing effort and the lawful ways to respond.

 

Federal contractors and subcontractors are reminded that Executive Order 13496, which was signed by President Obama on January 30, 2009, requires that covered contractors post a similar notice of employee rights under the National Labor Relations Act. The temporary injunction does not alter this requirement.  To review our previous alert from May 2010 regarding federal contractors, please click here.

 

NLRB Chairman Pearce's reaction to the April 17, 2012 temporary injunction and his direction to his staff that the Rule not be enforced can be found here: NLRB Chairman Mark Gaston Pearce on recent decisions regarding employee rights posting.