Update: Federal Judge Backs NLRB Posting Rule
Published today in the South Carolina State Chamber’s Competitiveness Update:
Last week, a federal judge in the District of Columbia ruled that the National Labor Relations Board (NLRB) can require employers to display posters informing workers of their legal rights to form unions through its controversial notice posting rule. While the judge ruled that failure to display the poster is not automatically an unfair labor practice and does not toll the statute of limitations, the ruling allows the NLRB to find violations on a case-by-case basis. The court did not overturn the notice posting rule on the grounds of violating the First Amendment.
The Coalition for a Democratic Workplace, The National Federation of Independent Business (NFIB) and the National Association of Manufacturers (NAM) filed notices appealing last week’s ruling.
In a related lawsuit, the South Carolina Chamber of Commerce and the United States Chamber of Commerce filed a lawsuit in the U.S. District Court of South Carolina against the NLRB last year alleging that the misguided posting rule violates federal labor and regulatory laws as well as the First Amendment. A ruling in this lawsuit is expected soon. Since the lawsuit was filed, the effective date of the posting rule has been delayed twice.