Post, Don’t Post, Don’t Post, Post would someone please make a decision!

Update:  If you want to see the Chairman’s message regarding the D.C. Circuit’s decision, see http://www.nlrb.gov/news/nlrb-chairman-mark-gaston-pearce-recent-decisions-regarding-employee-rights-posting

OK the D.C. Circuit made a decision.  The D.C. Circuit has enjoined the National Labor Relations Board from implementing its new posting rule.  The D.C. Circuit granted the National Association of Manufacturers’ emergency motion for an injunction pending its appeal of the decision of the D.C. District Court.  The court noted that the Board had previously postponed operation of the rule and thus the Board’s argument that the rule should take effect during the pendency of the appeal had little merit.  The court indicated that the uncertainty about the Board’s decision to cross appeal mitigated toward preserving the status quo while the court decides if the Board has authority to issue a rule requiring posting of the poster.  Oral argument is set for sometime in September.

So what does that mean?  You don’t have to post the poster. Yet.