NLRB Posting Requirement Delayed Again, Pending Appeal

The much-debated National Labor Relations Board posting requirement has again been delayed. Under the requirement, all employers covered by the National Labor Relations Act must post a notice of labor law rights to employees. The National Labor Relations Act covers most private sector employers, while excluding states and political subdivisions.

If it seems like you have been hearing about this notice for some time, you have. The posting requirement was originally scheduled to take effect November 2011. It was postponed twice, and the most recent deadline for covered employers to display the posting was set for April 30, 2012. The posting requirement will not, however, take effect as scheduled.

Several groups have challenged the requirement and those challenges are working their way through the legal system. On April 13, a South Carolina federal district court ruled that the NLRB did not have authority to impose the posting requirement. Chamber of Commerce v. NLRB (D.S.C. 2012). And, on April 17, the District of Columbia Circuit Court of Appeals enjoined the NLRB from enforcing the posting requirement until it can resolve an appeal pending in that court. National Association of Manufacturers v. NLRB (D.C. Cir. 2012).

In response, the NLRB announced that it will postpone implementation of the posting requirement so that it can defend the requirement in the D.C. Circuit case and appeal the South Carolina decision.

MSEC will keep you informed as this situation develops. For now, you should not post the NLRB notice. Members who take advantage of MSEC’s Poster Update Service and have previously received the posting, should continue to wait for further instructions before posting.