In the latest chapter of the saga regarding employers' obligation to hang a mandatory poster informing employees of their right to unionize and other rights under the National Labor Relations Act ("NLRA"), on April 17, 2012, the DC Circuit Court of Appeals issued an emergency injunction barring the April 30 implementation date indefinitely. Thus, as of now, employers will not be required to hang this controversial poster in their workplaces unless the DC Circuit Court vacates its injunction.
Over the past year, various court challenges have resulted in starts and stops to this posting obligation. It had seemed unlikely that the DC Circuit Court would act at this late date to bar enforcement of the rule, but the court did so apparently in reaction to a separate decision by a South Carolina district court judge striking down the posting rule on April 13, 2012. The DC Circuit set a briefing schedule in the case and ordered oral arguments in the appeal to be set for September, so the injunction likely will remain in effect through at least then.
As has been the case throughout, we will continue to keep you posted.
If you have questions about how this ruling affects your workplace, or any other employment-related inquiries, please contact Julie Levinson Werner at 973-597-2550.
