Federal District Court Strikes Down NLRB’s Posting Rule

On April 13, 2012, a federal district court in South Carolina invalidated the National Labor Relations Board's (NLRB) notice posting rule, which would have required most employers to post a notice regarding the rights of employees to organize and join a union. The court held that the NLRB "exceeded its authority in violation of the Administrative Procedures Act." What remains to be seen is whether the NLRB will now voluntarily delay implementation of the notice posting rule until the resolution of all appeals, or whether the plaintiffs will be forced to apply to the court for a permanent injunction to prohibit enforcement of the rule on a nationwide basis. Chamber of Commerce of the United States v. NLRB, No. 2:11-cv-02516-DCN, U.S. District Court for the District of South Carolina (April 13, 2012).