In a follow-up to our blog posting from this morning, the United States Court of Appeals for the District of Columbia just issued an injunction preventing the NLRB from enforcing its poster rule while the Court considers an appeal of the prior D.C. District Court case which upheld a portion of the rule. The Court found that the “uncertainty surrounding enforcement” of the rule should lead to preserving the status quo, for now.
The meaning of this ruling is that employers do not have to post the notice by April 30, 2012.
Two points worth noting – two of the three judges appointed to the panel that will decide this case, Judges Janice Rogers Brown and Brett Kavanaugh, are two of the more conservative members of the DC Circuit and might be less inclined to uphold the Board’s rule. Also, oral argument will not take place until September 2012, which means that it will be some time, if ever, before employers will be required to post the notice.