Earlier this month, private sector employers covered by the National Labor Relations Act (NLRA) were relieved, at least temporarily, of the obligation to post a Notice informing employees of their rights to unionize. This resulted from two Federal Court Decisions that ruled against the National Labor Relations Board (NLRB) and in favor of various employer associations and Chambers of Commerce.
The most important Decision was issued by the DC Circuit Court of Appeals, which enjoined enforcement of DC District Court Judge Jackson’s Decision upholding the NLRB’s Notice Posting Rule. The DC Circuit Court of Appeals held that employers should not be required to post the Notices while the appeal of the National Association of Manufacturers and other employer associations is pending. The DC Circuit Court of Appeals issued a Scheduling Order which called for oral argument in September, which means the Court’s Decision should not be expected until late Fall. The Court of Appeals decided that while the appeal is pending, the status quo should be preserved, so employers will not have to post the Notices by the original deadline, set by the NLRB, of April 30, 2012.
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