On Monday, I reported that a South Carolina federal court had
invalidated the NLRB's attempt to force employers to post a statement of
employees' rights under the National Labor Relations Act. I cautioned that
until you heard otherwise, employers should assume that April 30 was still a go
for the new posting.
News moves fast in the world of labor and employment law.
Yesterday, the D.C. Circuit [order, pdf] enjoined the whole shebang until the issues can
work their way through the appellate courts:
We note that the Board postponed operation of the rule
during the pendency of the district court proceedings in order to give the
district court an opportunity to consider the legal merits before the rule took
effect. That postponement is in some tension with the Board's current argument
that the rule should take effect during the pendency of this court's
proceedings before this court has an opportunity to similarly consider the
legal merits....The uncertainty about enforcement counsels further in favor of
temporarily preserving the status quo while this court resolves all of the
issues on the merits.
Ever gracious in defeat, NLRB Chairman Mark Gaston Pearce
said, "We continue to believe that requiring employers to post this notice
is well within the Board's authority, and that it provides a genuine service to
employees who may not otherwise know their rights under our law."
The April 30 deadline for posting the NLRB's employee
rights notice is officially dead. It could take into next year before these
issues work their way through the circuit courts, not to mention a likely
appeal to the Supreme Court. By then, the NLRB could be tinted red and this
whole issue could be moot. In the meantime, you're break-room is free and clear
of the NLRB's latest mission statement.
Visit the Ohio Employer's Law Blog for more
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Columbus. For more information, contact Jon Hyman, a
partner in our Labor
& Employment group, at (216) 736-7226 or firstname.lastname@example.org.