federal court struck down NLRB rule requiring employers to post notices informing workers of their right to join a union
A federal court struck down a NLRB rule that would require employers to post notices informing workers of their right to join a union.
A federal judge for the U.S. district court in Charleston, S.C., said the board lacks congressional authority to issue the rule, which had been scheduled to take effect on April 30. "As such, the rule is unlawful," Judge David Norton said in his decision issued Friday, which granted a summary judgment in favor of the plaintiffs.
This decision contradicted a ruling that was issued last month by the U.S. district court in Washington, D.C. That upheld the notice-posting rule but struck down two provisions in it that would have been used to punish companies that don't comply.
The NLRB had no comment on the decision Monday morning. A spokeswoman said the board was still reviewing the ruling. It's unclear how the NLRB will proceed with the rule.
The U.S. Chamber of Commerce and the South Carolina Chamber of Commerce filed their suit against the NLRB in September 2011, alleging the board lacked authority to impose the requirements and accusing the agency of unfairly trying to bolster labor unions.
NLRB Chairman Mark Pearce has also defended the agency's right to create the poster rule, saying the notice will provide American workers with "meaningful awareness of their rights and protections under federal labor law."
The poster created by the NLRB informs workers of their right to join a union and act together to improve wages and working conditions. It also informs employees of their right not to join a union, but those who oppose the rule say that information is buried on the poster.