Jottings By An Employer's Lawyer

Friday, April 13, 2012

NLRB's Posting Rule Hits Another Bump in the Road


This afternoon Judge Norton in South Carolina granted summary judgment to a group seeking to block the NLRB's rule that would require a posting notifying employees of certain rights under the NLRA.

His conclusion:
After utilizing the tools of statutory interpretation, the court finds that the Board
lacks the authority to promulgate the notice-posting rule. As such, the rule is unlawful
under the APA, 5 U.S.C. ยง 706, and the court GRANTS summary judgment in favor of
plaintiffs.
The full opinion can be found on Pacer at this link.

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