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April 23, 2014

The Hits Keep Coming: D.C. Circuit Denies Rehearing for National Labor Relations Board (NLRB) Notice Posting Case

On Sept. 4, 2013, the D.C. Circuit summarily rejected a petition by the NLRB for rehearing in NAM v. NLRB, the case decided in May which struck down the NLRB's controversial posting rule based on the fact that its enforcement measures violated the limits of the National Labor Relations Act (NLRA). Following the D.C. Circuit's invalidation of the posting rule in May, the Fourth Circuit similarly found the rule invalid in June and on Aug. 13, 2013, similarly refused to rehear the case. At this point, the NLRB's only option to save the rule is to appeal the decisions to the U.S. Supreme Court.

As we have previously covered, the Court has already agreed to hear the Noel Canning case on NLRB recess appointments next term, which was also appealed from the D.C. Circuit.

See our complete coverage of the NLRB's notice posting rule here.

© 2014 BARNES & THORNBURG LLP

About the Author

Christine Holst, Labor and Employment Attorney, Barnes Thornburg, Law firm
Associate

Christine Holst is an associate in the Grand Rapids office of Barnes & Thornburg and is a member of the firm’s Labor and Employment Law Department. She focuses her practice on general labor and employment matters and defense of Title VII, ADEA, and other employment discrimination cases.

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