Do you remember the NLRB’s 2011 final rule requiring most employers to post a notice informing their employees of their rights to organize and bargain collectively? It was originally to go into effect on November 14, 2011. Due to the controversy surrounding the new requirement (it received over 7000 comments), it was delayed until January 31, 2012. Pending lawsuits challenging whether the NLRB even had the authority to issue the rule extended the effective date to April 30th, 2012. When the U.S. District Court of South Carolina ruled that the NLRB exceeded its congressional authority by issuing the rule, the effective date was postponed indefinitely while additional lawsuits were pending.
This week the U.S. Court of Appeals for the District of Columbia has ruled that the enforcement mechanisms of the NLRB’s regulation are invalid, so the court struck down the entire rule. The court did not decide on whether the NLRB actually had the authority to issue the employee rights posting regulation in the first place.
It has been reported that the NLRB will continue to delay enforcement of the rule pending the outcome of further litigation.
The NLRB’s website continues to post the following notice from last year:
“EMPLOYEE RIGHTS NOTICE POSTING"
Important note: 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. The rule, which had been scheduled to take effect on April 30, 2012, will not take effect until the legal issues are resolved. There is no new deadline for the posting requirement at this time.”
For more information see CUNA’s April 30, 2011 CompBlog post.