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NLRA Posters: Requirement to Post Delayed Again

On April 17, 2012, the U.S. Court of Appeals for the District of Columbia Circuit enjoined the National Labor Relations Board's (NLRB) Notice Posting rule that requires employers large enough to be subject to the jurisdiction of the NLRB to post a Notice to Employees advising them of their rights under the National Labor Relations Act.

Previously set to take effect on April 30, 2012, and already delayed by the NLRB from a January 31, 2012 effective date, the rule recently suffered two major setbacks. On March 2, 2012 the U.S. District Court for the District of Columbia invalidated the penalty provisions of the rule, while upholding the posting requirement itself. However, on April 13, 2012, the U.S. District Court for the District of South Carolina held that the NLRB lacked the authority to require employers to post notices in the workplace informing employees of their rights under the National Labor Relations Act (NLRA) and struck down the rule in its entirety. 

The Court of Appeals ordered the rule enjoined until it has had an opportunity to consider the merits of the case. Oral arguments are scheduled to take place in September 2012.

Consequently, employers no longer have to implement the Notice Posting at their workplace by the April 30, 2012 effective date as the NLRB's regional offices will not implement the rule until the matter has been decided by the Court of Appeals.

© 2019 Varnum LLP

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Luis E. Avila, Labor Employment Attorney, Varnum Law, Immigration Issues Lawyer, Grand Rapids
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Luis focuses his practice on labor, employment and immigration issues. Luis has a wide range of experience in traditional labor matters, including grievances, arbitrations, collective bargaining negotiations, union drives, and matters in front of the National Labor Relations Board (NLRB) and the Michigan Employment Relations Commission (MERC). Luis has counseled employers on a number of workplace matters, including effective employee handbooks and policies, disciplinary and dispute resolution procedures, discrimination, disability accommodation, wage-hour matters, family medical leave, and...

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David E. Khorey, Labor Employment Attorney, Varnum, Workplace Confidentiality Matters Lawyer
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Dave’s “client-centered” practice involves a variety of labor and employment issues. He provides practical and confidential ongoing advice and consulting on a number of sensitive and complex labor and employment matters, from problem employee situations to multi-facility collective bargaining negotiations. His representative clients include diverse industries (such as automotive, printing, transportation and hospitals) throughout the nation.  

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Richard Hooker, labor and employment attorney, Varnum
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Dick Hooker has had significant experience in traditional labor relations, state/federal agency work, employment litigation, union election campaigns, unemployment insurance taxation matters, and arbitration of employment disputes. He is a facilitative mediator for the U.S. District Court, Western District of Michigan and the Michigan Courts, and he is listed as an arbitrator and mediator with National Arbitration & Mediation, Inc., the American Settlement Centers and the National Arbitration Forum.  

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John Patrick White, labor, employment and education lawyer, varnum
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Pat's practice concentrates on the full spectrum of civil rights issues including race, gender and disability matters, free speech and electronic privacy issues in the workplace. In addition to litigation, he also does traditional labor work, including negotiation and arbitration, both for public and private sector clients. He also maintains a strong background in education law, representing school districts, community colleges and colleges and universities, both with respect to employment issues as well as student issues.

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