NLRB Takes Another Hit: D.C. Circuit Puts "Poster Rule" On Hold

The National Labor Relations Board got more bad news yesterday, when the U.S. Court of Appeals for the District of Columbia Circuit enjoined enforcement of the NLRB's "poster rule." The court's action came only a few days after a federal court in South Carolina struck down the rule. A federal district court in the District of Columbia had held earlier that the NLRB had the authority to issue the rule but had struck down key enforcement provisions.

The rule was scheduled to take effect April 30.

The emergency injunction, which temporarily prohibits the NLRB from enforcing the rule, is in effect until the D.C. Circuit can hear the appeal of the district court's decision. The D.C. Circuit said that it wanted to maintain the status quo while the appeal was pending. Briefing is to be completed by the end of June, with oral argument scheduled for sometime in September.

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