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Appeals court blocks gov’t rule on union posters (Read More…)

Assoc Press - April 17, 2012

WASHINGTON –  A federal appeals court on Tuesday temporarily blocked the National Labor Relations Board from making millions of businesses put up posters informing workers of their right to form a union.
The rule requiring most private employers to display the posters was supposed to take effect on April 30, but the U.S. Court of Appeals for the District of Columbia said that can’t happen until legal questions are resolved.
The temporary injunction followed a federal judge’s ruling in South Carolina last week that the labor board exceeded congressional authority when it approved the poster requirement in 2011. A federal judge in Washington had previously found the NLRB rule acceptable, but limited how the agency could enforce it.

Judge rules against NLRB union poster rule (Read More…)

By Kevin Bogardus - 04/13/12

A federal judge ruled Friday that the National Labor Relations Board (NLRB) exceeded its authority when it required employers to post notices explaining workers’ rights to form a union.

U.S. District Judge David Norton said in his ruling that Congress didn’t authorize the labor board to issue the poster rule. The U.S. Chamber of Commerce and the South Carolina Chamber of Commerce had challenged the NLRB regulation in federal court in September last year.

In his ruling, the federal judge said the agency lacked the legal authority to issue the notice and thus the rule was not lawful.

“Based on the statutory scheme, legislative history, history of evolving congressional regulation in the area, and a consideration of other federal labor statutes, the court finds that Congress did not intend to impose a notice-posting obligation on employers, nor did it explicitly or implicitly delegate authority to the Board to regulate employers in this manner,” Norton said.

Norton also said the NLRB was flexing its new “rulemaking muscles.” The labor board’s critics have often said that the agency has become overly aggressive during the Obama administration.

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