The Court of Appeals for the D.C. Circuit granted the request of the National Association of Manufacturers (NAM) to temporarily stop the National Labor Relations Board (NLRB) from enacting its notice-posting rule.

Employers will not have to meet the April 30 implementation deadline. 

*UPDATE* In response to the court's ruling, NLRB Chairman Mark Gaston Pearceannounced that: “In view of the DC Circuit's order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the rule pending the resolution of the issues before the court.” 

In March, a federal district court for the District of Columbia generally upheld the validity of the posting requirement rule. NAM appealed the decision. NAM then asked the court to stop the NLRB from implementing the poster requirement while its appeal was pending. Today, the court agreed to grant this temporary injunction.

On April 13, HR Informant reported that a federal district court in South Carolina ruled that the National Labor Relations Act posting requirement is unlawful. Employers nationwide are presented with two federal decisions that are in conflict with each other. 

Given the uncertainty caused by the conflict in opinions, this injunction is welcome news.

Employers who purchased poster products from HR Allen Consulting Services can rest assured that their poster set will continue to work for them. HR Allen Consulting Services offers all-in-one complete federal and state poster that contains the NLRA notice. Employers should continue to post the all-in-one poster that contains the 16 required California and federal notices for 2012. 

HR Informant will continue to keep you updated on the status of the NLRA poster requirement.

Author: Gail Cecchettini Whaley

HR Watchdog, HRCalifornia’s Employment Law Blog, © California Chamber of Commerce