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NLRB Poster Delayed

The appellate court reviewing the D.C. District Court’s decision to require all private employers to post a notice by April 30 describing employees’ rights to participate in union activity (the Poster Rule) has postponed the April 30 deadline.  The D.C. Circuit Court of Appeals issued an emergency injunction on April 17 that prohibits the NLRB from enforcing the Poster Rule until the court can fully hear a legal challenge brought by a group of business organizations.

This blow to the NLRB came just four days after a separate federal district court in South Carolina invalidated the Poster Rule in its entirety and determined that the NLRB overstepped its authority.  The NLRB plans to appeal in both jurisdictions.  Meanwhile, as the Poster Rule makes its way through the legal system, the D.C. decision is a significant win for employers as they are not required to post the NLRB’s employee rights poster until further notice.  The D.C. Circuit Court is scheduled to hear oral arguments on the matter this September.  The NLRB news release can be found at http://nlrb.gov/print/3873.

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