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(Another) NLRB Poster Update

05.21.2012

To post or not to post, that is the question. Last month we reported on a case out of the District of Columbia in which the court held that the National Labor Relations Board’s (NLRB) mandatory notice entitled "Employee Rights Under the National Labor Relations Act", was enforceable. (See March 2012 NewsFlash) On April 13, 2012, a federal court in the District of South Carolina reached the opposite conclusion and held that the NLRB does not have the statutory authority to mandate such a posting. See Chamber of Commerce of the United States and South Carolina Chamber of Commerce vs. NLRB, D.S.C., No. 2:11-cv-2516-DCN, 4/13/12). The current deadline for the notice is April 30, 2012. The NLRB may delay the notice posting rule in light of these conflicting legal decisions. If the deadline is not postponed by the NLRB, it would nevertheless be a reasonable decision for employers to refrain from posting the NLRB notice until further direction from an appellate court is received. We will continue to keep you updated as new developments in the NLRB poster discussion arise.

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