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April 18, 2012
NLRB Postpones NLRA Posting Requirement, Will Appeal District Courts’ Rulings

The National Labor Relations Board (NLRB) has announced it is postponing the National Labor Relations Act (NLRA) employee rights posting rule until the legal issues are resolved in court.

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Yesterday, the D.C. Circuit Court of Appeals issued an injunction prohibiting the Board from enforcing the posting rule, which requires most private sector employers to post a notice informing employees of their rights under the NLRA.

In March, the D.C. District Court ruled that the Board had the authority to issue the rule, but found the enforcement provisions invalid. “The NLRB plans to appeal [the] separate part that raised questions about enforcement mechanisms. The agency disagrees with and will appeal last week’s decision by the South Carolina District Court, which found the NLRB lacked authority to promulgate the rule,” according to the Board’s statement.


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