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Following a federal appeals court's decision yesterday to temporarily enjoin the National Labor Relations Board's (Board) controversial posting rule, the Board has decided to delay implementation of the rule while the appeals court hears the case.
In a statement issued yesterday afternoon, Chairman Mark Pearce stated the Board's rationale for this action was to further "the strong interest in the uniform implementation and administration of agency rules." The Board, however, did not provide a new effective date for this rule. As oral argument in the case is not scheduled until September 2012, it will likely be months before the appeals court issues a ruling on the Board's proposed rule.
In the meantime, employers nationwide are no longer required to post the Board's notice. If you have questions about the proposed posting rule or how this development affects your business, contact any of Faegre Baker Daniels' labor lawyers.