Judge Amy Berman Jackson yesterday heard oral argument in the challenge to the NLRB Notice Posting Rule pending in U.S. District Court for the District of Columbia.  The Rule requires employers to post a notice in the workplace that informs employees of their right to organize, provides contact information for the NLRB, and lists a litany of unlawful employer conduct.  (More information about the Rule is available at the NLRB website.)  While it is unwise to predict the outcome of litigation based upon a judge’s reaction and questioning during oral argument, one thing is clear: Judge Jackson believes the case is a complicated one.  She asked the Board to postpone the effective date of the Rule beyond January 31, 2012, as currently scheduled, because she needs more time to deal with the issues. 

Argument in a similar action pending in the U.S. District Court in South Carolina will not take place until January 11, 2012.