UPDATE: Since my April 5, 2012 Legal Update, there has been yet another significant development that has put the NLRB posting requirement on hold. The following announcement was posted on the NLRB’s website:
Important note: 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 under the National Labor Relations Act, which had been scheduled to take effect on April 30, 2012. In March, the D.C. District Court found that the agency had the authority to issue the rule. In April, the South Carolina District Court found that the agency did not. The agency will appeal the South Carolina decision.
Regional offices will not implement the rule pending the resolution of the issues before the court.
Of course, I will keep you advised of the outcome of this legal ping pong match.