February 17, 2020

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Court of Appeals Enjoins NLRB Notice Posting

As many of you may be aware, the NLRB has been trying to implement a rule requiring all employers subject to the National Labor Relations Act to post a Notice to Employees that purports to inform the employees of their rights under the National Labor Relations Act. The NLRB’s posting requirement was supposed to take effect on April 30, 2012.

Various groups have sought to block the implementation of the rule. A U.S. District Court for the District of Columbia struck down part of the rule, but allowed the Notice Posting requirement to stand and refused to enjoin the enforcement of the rule pending appeals.

However, a U.S. District Court in South Carolina invalidated the entire rule and enjoined the NLRB from enforcing the rule.  This split in the federal district courts created a difficult situation for employers because the NLRB has traditionally taken the position that it will enforce its interpretation of its power in any jurisdiction that has not ruled on the issue. The result would be that employers in Missouri would be faced with NLRB action for failure to post the Notice, while employers in South Carolina would not. 

The U.S. Court of Appeals for the District of Columbia saw this problem and enjoined the implementation of the NLRB’s Notice Posting Rule nationwide. The injunction will last until the Court has had an opportunity to rule the issue. As a result, employers are not required to post the Notice to Employees on April 30, 2012. We will keep you posted on future developments. 

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About this Author

Robert A Kaiser, Employment, Labor, Attorney, Armstrong Teasdale, Law firm

Bob Kaiser is a member of the Employment and Labor practice group representing emerging and mature businesses in labor and personnel-related disputes. Because employment and labor laws and regulations continue to evolve, he deftly guides management in creating “fences” and boundaries to assess risks and decrease litigation.

A portion of Bob’s practice includes traditional labor law, a focus he has had for more than 25 years. For small- to mid-sized organizations, he handles labor union relations such as union avoidance, collective bargaining, elections, strikes, picketing and other...

Michael Kass, Labor, Employment, Attorney, Armstrong Teasdale, law firm

Michael Kass is chair of Armstrong Teasdale's Employment and Labor Law practice group and is a former co-chair of the firm's Non-Compete/Trade Secrets practice group. He guides organizations, from small closely-held businesses to Fortune 100 companies, through the complex issues faced when managing employees.

Michael defends employers and their managers in state and federal courts and before administrative agencies such as the Equal Employment Opportunity Commission, the Missouri Commission on Human Rights, the U.S. Department of Labor and the National Labor Relations Board. Such...