The U.S. Court of Appeals for the Fourth Circuit has affirmed a lower court decision that the National Labor Relations Board went too far when it required employers to post a notice of employee rights.
According to an arcile from J.J. Keller, the decision, issued on June 14, affirms a ruling from the District Court of South Carolina. In addition, it agrees with a ruling issued on May 7 by the U.S. Court of Appeals for the District of Columbia Circuit, which also struck down the posting requirement.
"Because the Board is nowhere charged with informing employees of their rights under the National Labor Relations Act, we find no indication in the plain language of the Act that Congress intended to grant the Board the authority to promulgate such a requirement," the Appeals Court stated in the decision for the case, Chamber of Commerce v. NLRB.
The NLRB had issued a rule in August 2011 requiring employers to post a notice telling employees of their rights under the NLRA. The requirement was scheduled to go into effect in April 2012, but has been on hold because of legal challenges, including opposition from the American Trucking Associations.
At the time, ATA submitted comments opposing the NLRB proposal as being beyond the NLRB’s statutory authority. The NLRB said it introduced the rule to fill a knowledge gap and make employees aware of their NLRA rights.
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