By: Robert J. Orelup
As the result of yesterday’s ruling by the D.C. Circuit Court of Appeals, the upcoming April 30, 2012 deadline for applicable employers to post the required NLRB employee rights notice has once again been delayed and is now put on hold. The NLRB has since posted on its website that “[i]n 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.” See NLRB News Release.
Recently, federal district courts in the District of Columbia and South Carolina have issued decisions addressing the legality of the NLRB’s notice posting requirement that was previously set to go into effect on April 30, 2012. The D.C. Circuit of Appeals has ordered an expedited briefing schedule, with a following oral argument to take place in September 2012 to resolve the pending legal issues on appeal surrounding the NLRB’s notice. As such, even if the NLRB were to prevail, it is likely that any required posting deadline would not be re-implemented by the NLRB prior to September or October 2012 at the very earliest. We will continue to keep you updated on the legal developments related to the Employee Rights Notice and their impact on your company.
For additional information regarding this issue, please contact Bob Orelup of the DSV Labor and Employment Group via telephone (317) 580-4848, or directly via email (rorelup@DSVlaw.com). For more information about our law firm, please visit www.DSVlaw.com.