Last week, we reported to you that a federal district court judge in the District of Columbia upheld the National Labor Relations Board (“the NLRB”) rule requiring the posting of a notice advising employees of their NLRA-related rights (“the Posting Rule”), but invalidated certain portions of the Posting Rule’s enforcement procedures. At that time, all employers subject to the NLRA were required to post the notice by the then April 30,2012 deadline.

In the short time since we sent you that update, there have been several developments. First, on April 13, 2012, a federal district court judge in South Carolina reached a different conclusion than the D.C. judge and held that the Posting Rule was unlawful. In addition, just yesterday, the United States Court of Appeals for the District of Columbia Circuit (the court in which the appeal of the decision of the D.C. district court judge is pending) “postponed operation” of the Posting Rule while the appeal is pending. The appeals court ordered that the appeal be expedited. Oral arguments will not, however, be scheduled until September 2012. Finally, the NLRB announced that, in view of the conflicting decisions of the federal district court judges and “the strong interest in the uniform implementation and administration of agency rules,” it would not enforce the Posting Rule pending resolution of the issues in the courts.

We will continue to update you as developments occur. In the meantime, if you have any questions regarding the status of the Posting Rule, please do not hesitate to contact us.

THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK TIIE ADVICE OF COUNSEL.

© Lamb & Barnosky, LLP, 2012