As we blogged over the weekend, a federal District Court in South Carolina on Friday struck down the NLRB poster rule, on the grounds that the NLRB exceeded its authority in promulgating the rule. This ruling directly conflicts with an earlier decision from a federal District Court in Washington, DC which upheld the NLRB’s authority to issue the rule, but struck down the unfair labor practice provisions related to the poster. Thus far, the NLRB has not taken a position on the rule in light of these decisions. So, the question is – should employers post or not post the poster by April 30, 2012?
Cautious employers can choose to err on the side of caution and post the NLRB notice by the original April 30, 2012 deadline. However, it is a reasonable position to hold off on posting the notice (given that even the DC Court found that there is no penalty for failure to post in the absence of some other labor law violation) and wait to see how the appellate courts rule.