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NLRB Poster Rule on Hold While Appeal Pending in D.C. Circuit

By Tanya Roth, Esq. on April 26, 2012 | Last updated on March 21, 2019

On April 17, the D.C. Circuit Court of Appeals issued an injunction against the National Labor Relations Board, preventing it from implementing its new posting rule.

The National Association of Manufacturers (NAM) and the Coalition for a Democratic Workplace requested the injunction. Their legal challenge to the posting requirements was dismissed last month by a district court.

The posting requirements were to take effect nationwide on April 30. But after challenges by critics and opponents, the power of the NLRB to enforce the display of these posters was questioned.

Under the NLRB's posting rule, employers would be obligated to post certain selective employee rights. Employers would be required to post these rights, involving union involvement and collective bargaining.

While anti-discrimination posters and workplace safety posters are required by federal law, the NLRB posters are not specifically required under federal statute.

Thus, argued opponents, the NLRB exceeded its authority in enforcing the display of these posters.

A three-judge panel of the D.C. Circuit Court of Appeals enjoined the poster requirement on April 17, four days after a federal district court in South Carolina ruled in a similar case. In the South Carolina case, U.S. District Judge David Norton ruled that the NLRB did not have authority to issue the poster requirement.

The issue of the NLRB's authority in enforcing these poster requirements is currently on appeal. As such, the injunction will remain until the decision on the appeal is rendered.

Oral arguments in the case are expected later this year.

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