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Update: NLRB Posting Rule Struck Down
April 16, 2012
A South Carolina federal judge has invalidated the NLRB’s new rule requiring employers, as of April 30, 2012, to post a notice advising employees about their right to unionize.
In Chamber of Commerce v. NLRB, the court held that the NLRB’s posting requirement was not necessary, only “simply useful.” This is an important distinction because the NLRB’s authority is limited to what is necessary to carry out the provisions of the NLRA. Also, the court went on to say that the role of the NLRB is to be reactive with respect to employees covered by the Act, not proactive. Therefore, the court held that the notice posting rule is inconsistent with the intended role of the NLRB in that it mandates conduct by employers in advance of any charge or petition by employees.
Make no mistake, this is a victory for employers. So much so that the United States Court of Appeals for the District of Columbia has issued an injunction preventing the NLRB from implementing the rule until the appeals are decided. We do not yet know how this will play out, but continue to watch our Employer Alerts for further updates or contact one of our attorneys for guidance.