In the Legal Alert we published on April 16, ("Friday the 13th An Unlucky Day For the NLRB") we referenced the decision of South Carolina District Court Judge David C. Norton last Friday afternoon, which marked the first time the NLRB's proposed notice-posting rule has been invalidated in its entirety. We also predicted that, in light of that April 13th decision, the U.S. Court of Appeals for the DC Circuit (which had been hearing arguments on the appeal of the surviving parts of this rule from another U.S. District Court) now "has an opportunity to lend some clarity to the picture in the days to come."

Clarity has certainly arrived – in a big way – in the form of a three-judge panel's interim decision late this morning....