We mentioned just yesterday that the U.S. Court of Appeals for the D.C. Circuit had an opportunity to clarify the disconnect between the two recent District Court opinions (D.C. District Court a few weeks ago and SC District Court on 4/13). They were amazingly swift, releasing a three page decision this morning granting the emergency motion for injunction, pending appeal, and setting oral arguments for September.
This means no posting requirement on or even shortly after the April 30th deadline. Given oral arguments scheduled for September, if the NLRB prevails, we most likely won’t see a posting requirement until 2013.