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Last year, the National Labor Relations Board promulgated a rule that would require employers to post an official NLRB notice informing employees of their rights (including their right to unionize) under the National Labor Relations Act.  Several employers and employer associations challenged this rule and filed suit alleging that the NLRB exceeded its authority by creating the new posting requirement.  The implementation of the posting requirement was ultimately delayed until April 30, 2012.

On Friday, April 13, 2012, the United States District Court for the District of South Carolina ruled in favor of the U.S. Chamber of Commerce and against the NLRB and invalidated the posting rule, and on Monday, April 17, the United States Court of Appeals for the District of Columbia issued an emergency injunction forbidding the NLRB from enforcing the rule.  Copies of the orders can be found here.

At the very least, these decisions will delay the implementation of the NLRB’s rule until the Courts of Appeal (and probably ultimately the United States Supreme Court) weigh in on this issue. This means that there is no requirement that employers post a notice currently in effect.

If you have any questions about this decision or its impact on the requirement, please contact Andy Martone at (314) 862-0608 or