Employment Law Report

By Edwin S. Hopson

On April 13, 2012, U.S. District Judge David C. Norton of the U.S. District Court for South Carolina, ruled in an action brought by the U.S. Chamber of Commerce and others that the National Labor Relations Board’s notice posting rule set to go into effect April 30, 2012, was  “unlawful under the [Administrative Procedure Act] … 5 U.S.C. § 706….”  This rule was applicable to all private employers subject to the National Labor Relations Act.  The ruling conflicts with an earlier ruling by the U.S. District Court for the District of Columbia upholding in part the NLRB’s notice posting rule.

Judge Norton’s decision may be viewed at :

http://www.chamberlitigation.com/sites/default/files/cases/files/2011/Chamber%20v.%20NLRB%20%28Posting%20Rule%29%20%28Opinion%29.pdf