Court of Appeals Blocks NLRB Posting Rule

April 17, 2012

In another setback to the NLRB’s rule-making agenda, today the U.S. Court of Appeals for the District of Columbia blocked the NLRB Posting Rule from taking effect, just 13 days prior to the Rule’s revised effective date of April 30.  The Court of Appeals granted the National Association of Manufacturers’ emergency motion for an injunction pending appeal and issued an expedited briefing schedule with oral argument scheduled for September 2012.  National Association of Manufacturers v. NLRB, D.C. Cir., No. 11-cv-01629, 4/17/12.

In its order, the Court noted specifically that the Board earlier postponed the Rule’s effective date to allow the District Court time to consider the legal merits before the Rule took effect and concluded that the Board’s prior postponement undercuts the Board’s position that the Rule should take effect pending the Court of Appeals’ consideration of the issues. Citing last week’s decision by the U.S. District Court in South Carolina, the Court of Appeals reasoned that the growing uncertainty as to the Rule’s enforceability further supports temporarily preserving the status quo while the Court considers the legal issues. As of this writing, the NLRB has not yet indicated its position on the Court’s temporary injunction.  We will continue to monitor further developments including whether the NLRB formally postpones the Rule’s effective date. If you have any questions about the posting requirement, contact Patrick McGovern, Esq. or John Vreeland, Esq. in our Labor Law Practice Group.