April 19, 2012
We would like to provide you with an update on this week’s rulings relating to the National Labor Relations Board (NLRB) unionization posting rule notice.
On Tuesday, April 17, a U.S. Court of Appeals for the D.C. Circuit granted an emergency injunction to delay the effective date of posting notice requirements, which were set to take effect on April 30, 2012. The posting notice was originally slated to take effect November 14, 2011, then extended to January 21, 2012, and extended again until April 30, 2012. With this latest ruling, the date has yet again been delayed.
Prior to this injunction two Circuit Courts, the D.C. Circuit Court and the South Carolina Circuit Court, had split decisions on the posting requirements. The original suit (NAM v. NLRB) was filed by the National Association of Manufacturers, of which AIF is the state affiliate, in the D.C. circuit. The judge in this case ruled that the NLRB can require employers to post unionization notices. However, on Friday, April 13th the South Carolina Circuit Court ruled in Chamber of Commerce, et al. v. National Labor Relations Board, et al that the NLRB can NOT require employers to post these notices.
The South Carolina decision, in direct contradiction to the DC circuit’s ruling, was the genesis for the latest injunction. As a result of this injunction, you will NOT be required to post unionization notices in your workplace. We will keep you updated as this important case for the employer community continues to play out in the courts.