Employers Can’t Be Forced to Post Union-Right Notice, Judge Says

Employers can’t be required by the National Labor Relations Board to post notices informing workers of their rights to form a union, a federal judge in South Carolina ruled.

“There is not a single trace of statutory text that indicates Congress intended for the board to proactively regulate employers in this manner,” U.S. District Judge David C. Norton in Charleston said in a ruling yesterday.

The judge issued his decision in a lawsuit brought by the U.S. Chamber of Commerce and the South Carolina Chamber of Commerce, challenging the rule that is set to go into effect April 30.

A federal judge in Washington, in a separate challenge to the rule, found last month that the board had the authority to require companies to post notifications of union rights. The same judge said the board can’t enforce the rule as a so-called unfair labor practice, though.

Nancy Cleeland, a spokeswoman for the NLRB, didn’t immediately return messages after regular business hours yesterday seeking comment on the ruling .

The case is Chamber of Commerce of the United States v. National Labor Relations Board, 11-02516, U.S. District Court, District of South Carolina (Charleston.)

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