D.C. Circuit Temporarily Enjoins NLRB From Requiring Employee Rights Poster
As we reported yesterday, a South Carolina District Court ruled that the NLRB did not have authority to mandate the Employee Rights Poster. The ruling is in conflict with the only other court to rule on the issue thus far—the District Court for the District of Columbia—and that decision is on appeal. Well, this morning the D.C. Circuit Court of Appeal granted the National Association of Manufacturers' request for a temporary injunction enjoining the NLRB's posting requirement pending appeal. The court reasoned that the uncertainty regarding enforceability of the posting requirement counsels in favor of temporarily preserving the status quo pending appeal. The NLRB has not yet affirmatively postponed its April 30 effective date for employer compliance, but with this ruling it appears employers will not need to comply effective April 30 and will instead need to stay tuned for developments in the ongoing legislation. The D.C. Circuit Court of Appeal's decision is here.