Yesterday, we issued an alert about the District Court in South Carolina’s ruling on Friday that the NLRB’s posting requirement exceeded the Board’s authority and was, therefore, invalid. We also mentioned a somewhat contradictory decision from the District of Columbia District Court that upheld the posting requirement, but struck down certain remedial aspects of the posting rule. That D.C. case was appealed, and the U.S. Circuit Court of Appeals for the D.C. Circuit has, today, issued an injunction against the NLRB pending review by the Court of Appeals that prevents the NLRB from requiring that the poster be put up.
This appellate court decision means that private employers who are subject to the NLRB’s jurisdiction will not have to post the NLRB posting on or before April 30. It will likely take several months to get a final decision from the Court of Appeals. Until then, employers need not post the NLRB-mandated poster. (Note, though, that federal contractors are required to post an almost identical poster under Executive Order 13496).
As always, we will continue to keep you up to date as developments occur in this area. For now, keep your NLRB posting in a drawer (unless you are a federal contractor who is otherwise required by your federal contracts to post the similar one referenced above)!