• Ready, Set ... Hold On! South Carolina Court Says NLRB's Notice-Posting Requirement Invalid
  • April 19, 2012 | Author: Daniel B. Gilmore
  • Law Firm: Chambliss, Bahner & Stophel, P.C. - Chattanooga Office
  • With the current effective date of the National Labor Relations Board's controversial notice-posting requirement a mere two weeks away, a federal judge in South Carolina ruled on Friday, April 13, that the Board lacked authority to order the posting of such notices.

    In his decision in the case of Chamber of Commerce of the United States v. National Labor Relations Board, Judge David C. Norton began by emphasizing, "At the outset, it is important to note that the NLRA does not require employers to post a general notice of employee rights under the Act." Judge Norton held, "Based upon the plain language and structure of the Act, the court finds that the Board lacks authority . . . to promulgate the notice-posting rule." Finally, Judge Norton concluded that even the Act's legislative history "supports a finding that Congress did not intend to impose a universal notice-posting requirement on employers, nor did it authorize the Board to do so."

    Representatives of both the U.S. Chamber of Commerce and the Board have said they are examining whether this ruling will impact the Board's ability to enforce its notice-posting requirement only in South Carolina or across the nation.

    This ruling comes on the heels of a decision issued last month by a federal judge in Washington, D.C., that upheld the Board's authority to require the notice but struck down two of the posting requirement's related remedial measures. http://www.cbslawfirm.com/legal-updates/federal-court-upholds-nlrbs-notice-posting-requirement-rule-still-scheduled-take-effect-april-30/

    Faced with these conflicting rulings and uncertainty surrounding the extent of their impact, the Board is said to be considering its immediate response, which could include another delay of the requirement's effective date while these issues are resolved by the appellate courts. We will keep you fully informed of further developments.