Conflicting District Court Decisions Regarding NLRB Posters

By Keith Overholt

On Friday, April 13, 2012, the United States District Court for the District of South Carolina, Charleston Division, issued an order holding the National Labor Relations Board (NLRB) may not require employers to post a notice advising employees of their rights under the National Labor Relations Act.

This ruling conflicts with last month’s ruling by the United States District Court for the District of Columbia upholding the NLRB’s authority to require posting of the notice.

Unless and until an Arizona federal judge, the Ninth Circuit Court of Appeals or the United States Supreme Court rules the NLRB has no authority to require the poster, the rule will apply to Arizona employers, which currently have until April 30, 2012 to comply.

Each case a business or individual may face is unique and may require legal advice. If you would like additional information regarding the content of this article, please contact the author, Keith Overholt, or the Chair of our Labor and Employment Department, John Egbert.

Leave a Reply

Your email address will not be published. Required fields are marked *