On April 17, 2012, the United States Court of Appeals for the District of Columbia issued an Order enjoining the National Labor Relations Board (NLRB) from requiring employers subject to its jurisdiction to post the NLRB’s Employee Rights Poster. See National Association of Manufacturers (NAM) v. NLRB, CADC Civil Action No. 12-5068 (April 17, 2012). As of now, employers are no longer required to post the NLRB Employee Rights Poster on April 30, 2012.

The decision to enjoin the posting rule came shortly after Chief Judge David Norton of the United States District Court of South Carolina found the posting rule invalid and unenforceable because the rule violates Section 6 of the National Labor Relations Act (NLRA) and the Administrative Procedures Act (APA). See Chamber of Commerce v. NLRB, DCSC No. 11-cv-2516 (April 13, 2012). Judge Norton’s decision conflicts with the earlier decision of District of Columbia United States District Court Judge Amy Jackson, who upheld the posting requirement. See NAM v. NLRB, DDC No. 11-cv-1629 (March 2, 2012). The NAM District Court decision is the case pending on appeal in the United States Court of Appeals for the District of Columbia, see above.

As to the disputed Poster, the Poster itself has the NLRB seal prominently displayed on the top left corner, and the phrase “This is an official Government Notice . . .” printed in bold typeface along the bottom margin. The Poster begins with the following text:

“Under the NLRA, you have the right to:.

• Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment.
• Form, join or assist a union.
• Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions.
• Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers or a union.
• Take action with one or more coworkers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from a union.
• Strike and picket, depending on the purpose or means of the strike or the picketing.
• Choose not to do any of these activities, including joining or remaining a member of a union.”

The text then breaks into two columns. The left column is a list of items that begins, “It is illegal for your employer to . . . ,” and the right column states, “It is illegal for a union or for the union that represents you in bargaining with your employer . . .” The text merges back into a single column containing NLRB contact information. The Poster concludes, “If you believe your rights or the rights of others have been violated, you should contact the NLRB promptly to protect your rights, generally within six months of the unlawful activity.”

Despite the fact that this posting has been enjoined, employers should take this opportunity to familiarize themselves with the contents of the Poster and decide how they will respond to queries about information contained in the Poster, if and when the injunction is dissolved.