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.

The National Labor Relations Act (NLRA) posting deadline of April 30 is looming. This deadline has not changed even though there is a court case pending that is seeking to strike down this posting requirement.  

Employers must comply with the deadline unless the court rules otherwise. At this point, the court has not ruled and therefore the deadline stands.

Effective April 30, most private-sector employers must post the new notice issued by the NLRB entitled, “Employee Rights Under the National Labor Relations Act.” Certain industries, such as agriculture, airlines and railroads, as well as some small businesses, are exempt from the NLRA notice requirement.

HR Allen is now selling a convenient all-in-one State and Federal Employment Notices poster with all federal notices for 2012, including the mandatory NLRA notice.

Today, a federal district court for the District of Columbia issued a decision in a lawsuit brought by the National Association of Manufacturers (NAM) challenging the new NLRA posting requirement. The court upheld the posting requirement, but struck down some of the enforcement provisions relating to the new rule.

As previously reported, the National Labor Relations Board (NLRB) decided to require most private-sector employers to post a new notice entitled "Employee Rights Under the National Labor Relations Act." NAM challenged the posting requirement on multiple legal grounds, including arguments that the posting requirement exceeded the NLRB’s authority under the NLRA and that the requirement violated employers’ First Amendment free speech rights.

In the first decision on this issue, the federal court issued a split decision upholding part of the new rule, while overturning other provisions. The court ruled that: