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The NLRB Posting Requirement is ON HOLD….Again

By Mary Funk

On April 13, 2012, the United States District Court for South Carolina held the NLRB did not have authority to require employers to post a notice informing employees of their right to organize, form, join, or assist a union; and to discuss their terms and conditions of employment, or union organizing, with co-workers or union representatives.  This decision is in direct contradiction to a decision last month issued by the United States District Court for the District of Columbia, which upheld the NLRB's authority to require employers to post the notice, but limited the NLRB's enforcement mechanisms.  In light of these two conflicting court decisions, the District of Columbia Circuit Court of Appeals issued an emergency temporary injunction blocking enforcement of the NLRB rule.  The posting requirement had been scheduled to take effect April 30 and is now on hold.  Today, NLRB Chairman Mark Gaston Pierce said that "…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."  This isn't over yet, so stay tuned….



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