Federal Judge in South Carolina Holds NLRB's Poster Rule Invalid


A South Carolina federal district court judge has ruled that the NLRB exceeded its authority in mandating that nearly all private employers (both union and non-union) have to post an NLRB-designed notice informing employees of their rights under Section 7 of the National Labor Relations Act (NLRA). In a lawsuit filed by the U.S. and South Carolina Chambers of Commerce, the judge ruled that the entire rule is invalid and enjoined enforcement.

This decision conflicts in some regards with a ruling issued March 2 in National Association of Manufacturers v. NLRB by the U. S. District Court for the District of Columbia upholding the NLRB’s authority to require that the notice be posted, but striking down certain remedial aspects of the posting rule.

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Published In: Administrative Agency Updates, Civil Procedure Updates, Conflict of Laws Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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