U.S. Court of Appeals for the District of Columbia issues temporary injunction on implementation of the NLRB poster rule
Following on the heels of the U.S. District Court for South Carolina holding against the NLRB poster rule, on Tuesday, April 17, 2012 the United States Court of Appeals for the District of Columbia granted a temporary injunction blocking implementation of the rule pending appeal of the National Association of Manufacturers (NAM) case heard in the U.S. District Court for the District of Columbia . The poster rule had been scheduled to go into effect on April 30, 2012, but that is no longer the case. As the result of the temporary injunction the implementation date is stayed, and employers nationwide will not have to post the collective bargaining rights poster, pending the outcome of this appeal.
In granting the temporary injunction the Court of Appeals noted… “that the Board (NLRB) postponed operation of the rule during the pendency of the district court proceedings in order to give the district court an opportunity to consider the legal merits before the rule took effect. That postponement is in some tension with the Board’s current argument that the rule should take effect during the pendency of this court’s proceedings before this court has an opportunity to similarly consider the legal merits. We note also that the district court’s severability analysis left the posting requirement in place but invalidated the primary enforcement mechanisms for violations of the requirement. The Board has indicated that it may cross-appeal that aspect of the district court’s decision. The uncertainty about enforcement counsels further in favor of temporarily preserving the status quo while this court resolves all of the issues on the merits.”
DAVID N. CRUMP, JR. ESQ.
Director of Legal Research
Office of General Counsel
National Association of Home Builders
1201 15th Street, NW
Washington, DC 20005