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South Carolina Court Rules Against NLRB Union Poster; Rule on Hold

Apr 18, 2012

A federal court judge in South Carolina ruled last Friday that the National Labor Relations Board could not order private employers to post notices notifying workers of their right to form a union. The decision, which came two weeks before the rule was scheduled to take effect, contradicts a ruling issued last month by the U.S. district court in Washington, D.C. Yesterday, the D.C. Circuit Court of Appeals temporarily enjoined the NLRB rule, saying, "The uncertainty about enforcement counsels further in favor of temporarily preserving the status quo while this court resolves all of the issues on the merits."

In a statement released yesterday, the labor board said, "In view of the D.C. Circuit's order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the rule pending the resolution of the issues before the court."

In March, the D.C. District Court found that the agency had the authority to issue the rule. The board supported the decision but announced plans to appeal a separate part that raised questions about enforcement mechanisms. The board also plans to appeal the decision by the South Carolina District Court.

"IDFA agrees with the D.C. Circuit Court's decision to grant an injunction and hopes it is the first step in overturning this rule," said Clay Hough, IDFA senior group vice president.

According to the injunction issued yesterday, oral arguments will begin in September.

For more information, contact Clay Detlefsen, IDFA vice president of regulatory affairs, at cdetlefsen@idfa.org.

 
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