NLRB Chairman Mark Gaston Pearce on recent decisions regarding employee rights posting

Source:  NLRB News Release

In light of conflicting decisions at the district court level, the DC Circuit Court of Appeals has temporarily enjoined the NLRB’s rule requiring the posting of employee rights, which had been scheduled to take effect on April 30, 2012.

In view of the DC Circuit's order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the rule pending the resolution of the issues before the court.

In March, the D.C. District Court found that the agency had the authority to issue the rule. The NLRB supports that decision, but plans to appeal a separate part that raised questions about enforcement mechanisms. The agency disagrees with and will appeal last week’s decision by the South Carolina District Court, which found the NLRB lacked authority to promulgate the rule.

Chairman Mark Gaston Pearce said of the recent decisions, “We continue to believe that requiring employers to post this notice is well within the Board’s authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law.”

Hold the presses; NLRB posting delayed again

Source: Lexology -  Fredrikson & Byron PA, Richard A. Ross

On April 17, the United States Court of Appeals for the District of Columbia issued a temporary injunction, enjoining the posting of the NLRB poster.  The Circuit Court of Appeals issued a briefing schedule, which will result in an oral argument sometime in September 2012.  Given the current schedule, it is unlikely that a ruling on the posting will be issued before this November, at the earliest.  

The case being heard by the D.C. Circuit is the one brought by the National Association of Manufacturers, among others.  The Court, in its very brief Order, noted the very recent holding by the United States District Court for the District of South Carolina, holding that the National Labor Relations Board lacked the authority to promulgate the notice-positing rule.  

Question - I am a federal contractor. Do I have to post the NRLA Employee Rights notice?

Answer - (from the NLRB fact sheet on the Final Rule for Notification of Employee Rights)

The NLRB notice posting rule applies to Federal contractors, who already are required by the Department of Labor, to post a similar notice of employee rights.  A contractor will be regarded as complying with the NLRB posting rule if the DOL notice is posted. 

Download the DOL notice