National Labor Relations Board Indefinitely Postpones Posting Requirement

On April 17, 2012, the National Labor Relations Board ("NLRB") announced it will postpone the effective date of its rule requiring employers to post a notice advising employees of their rights under the National Labor Relations Act ("Act") pending resolution of two court cases.

NLRB Chairman Mark Gaston Pearce issued the announcement in the wake of both the April 17, 2012 emergency injunction halting the NLRB from implementing the rule until the case pending before the U.S. Court of Appeals for the District of Columbia is resolved, and the April 13, 2012 decision by the U.S. District Court for the District of South Carolina that invalidated the rule. The South Carolina District Court specifically found that "such a rule is inconsistent with the Board's reactive role under the Act" and that the NLRB does not have the authority to issue the notice-posting rule.