There’s a saying here in Texas that if you don’t like the weather, go have a cup of coffee. We’re beginning to think that litigation surrounding the NLRB’s latest rules change as quickly as the weather in Texas.

We posted last week about the U.S. District Court of the District of Columbia’s rulings on the NLRB’s posting rule. Essentially, the posting requirement was upheld, but sanctions against employers for violating the posting rule were not.

Then on Friday the 13th, the NLRB was dealt a 31-page blow from the U.S. District Court of South Carolina, invalidating the posting rule in its entirety. This was a huge win for the plaintiffs.

So, what happens now you ask? Any of several things: The D.C. Circuit court can approve the first ruling or decline to approve it, which is what is expected. This leaves Judge Norton’s ruling standing. Then the NLRB will most likely try to save face by postponing the requirement a few months while pursuing a stay of the ruling.

In conclusion, you simply need to be prepared to follow the NLRB’s posting rule on April 30th, but stay tuned, as it may not be necessary to post the notice after all.