Updated: Court Temporarily Stops the NLRB from Enforcing Poster Requirement

Posted on Wed, Apr 18, 2012

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.

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Tags: NLRA poster, national labor relations act, U.S. Chamber of Commerce, required NLRA notice, HR Allen Consulting Services, HR Informant, NLRB

Federal District Court: New NLRA Poster Requirement Unlawful

Posted on Sat, Apr 14, 2012

federal district court just ruled that the new National Labor Relations Act posting requirement is unlawful. At the present time, it is unclear what the effect of this ruling is on the April 30 posting deadline. HR Informant will be updating you as soon as possible on the effect of this ruling for California employers.

Last year, the National Labor Relations Board (NLRB) promulgated a rule requiring most private sector employers to post a notice informing employees of their rights under the NLRA. The rule was set to take effect on April 30, 2012. 

The U.S. Chamber of Commerce challenged the rule as an unlawful exercise of the NLRB’s authority.

A federal district court in South Carolina agreed, ruling that the NLRB exceeded its authority in violation of the federal Administrative Procedure Act (APA): “The court finds that the Board lacks the authority to promulgate the notice-posting rule. As such, the rule is unlawful under the APA … .” 

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Tags: new NLRA poster, NLRA poster requirement, U.S. Chamber of Commerce, HR Allen Consulting Services, HR Informant, NLRB