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April 18 Update: The NLRB Chairman said late yesterday afternoon that the NLRB "will not implement the rule pending the resolution of the issues before the court."
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April 17 Update: The D.C. Court of Appeals has granted an injunction against the NLRB posting rule! This follows a ruling on Friday, April 4, in which a Federal District court in South Carolina ruled against the NLRB Employee Rights notice which was due to be posted starting April 30. The written decision is not available yet. This decision partly conflicts with another District Court decision issued earlier this year that said the NLRB poster was legal, but the NLRB had no enforcement power if an employer did not display it.
The D.C. Court of Appeals has scheduled to hear formal oral arguments in September. In the meantime, there is no need to put up the NLRB poster anytime soon!
We will keep you posted on further developments.
To view the Court's opinion from Friday on the NLRB poster case, click here.