ORAL ARGUMENTS ON NLRB NOTICE POSTING REQUIREMENT AND POSTPONEMENT OF EFFECTIVE DATE:
On December 19th, the D.C. Federal Court heard oral arguments in the combined cases challenging the NLRB’s rule requiring the posting of a “Notice of Employee Rights under the National Labor Relations Act.” As you know, the deadline for posting that notice has already been postponed once, to January 31, 2012.
At the December hearing, the judge asked a number of questions of the attorneys who argued the case, some questions directed to our attorneys dealing with our claim that the NLRB lacked the statutory authority to impose the rule, and others directed to the opposing counsel relating to the Board’s proposed penalties for failing to post the notice.
The judge also asked the Board to further postpone the effective date of the posting so that she would have more time to issue her opinion and leave sufficient time for expected appeals of that decision.
Last week the Board acted in response to her request and postponed the effective date for posting the notice to April 30, 2012.
We will keep you apprised of further action in these cases, of the judge’s decision when she issues it, and of the likelihood of appeals based on her decision. If you need or want more information on this rule-making, please see NAW’s Legal Advisory, “NLRB Final Rule Requires Private-Sector Employers to Post Notice of Employers to Post Notice of Employee Labor Law Rights.” Go to: