For months now, the business community has been bracing for the implementation of two key pro-labor initiatives on April 30, courtesy of the National Labor Relations Board: 1) an expedited election rule designed to cut the period between petition and election in half; and 2) a first-ever mandatory-posting requirement that would educate employees as to their representation rights, while laying the groundwork for unfair labor practice charges and extended limitations periods against those employers who fail to comply. The first initiative is proceeding on course, despite ongoing challenges that will ultimately be played out before the courts.

But this past Friday, the NLRB's posting requirement was dealt a serious blow by the U.S. District Court for South Carolina. In a 31-page decision that left little doubt as to his position, Judge Norton invalidated the Board's posting rule in its entirety, finding a lack of statutory authority in violation of the Administrative Procedure Act. In so doing, he granted summary judgment to both the South Carolina and U.S. Chambers of Commerce.