Last week, we reported that the United States District Court for the District of Columbia upheld the NLRB’s notice-posting rule in part. The court’s ruling upheld the portion of the rule requiring the posting of the notice, but struck down the parts of the rule that would have created a new unfair labor practice for failing to post the notice and allowed the Board to toll the statute of limitations when the notice was not posted.

On March 5, 2012, the plaintiffs challenging the rule filed a notice of appeal with the United States Court of Appeals for the District of Columbia Circuit and asked the District Court to enjoin enforcement of the Board’s rule pending their appeal to the D.C. Circuit. On March 7, the court denied their request, stating that the plaintiffs failed to show that they would be irreparably harmed by posting the notice while the appeal is pending.

As a result of this decision, the notice-posting requirement will take effect on April 30, 2012 as originally scheduled.