Today, the United States Court of Appeals for the Fourth Circuit issued a decision in favor of the South Carolina Chamber of Commerce, holding that the National Labor Relations Board (NLRB) exceeded its authority in requiring businesses to post notices explaining employees’ rights to unionize. The Court's ruling affirmed the opinion of the District Court of South Carolina in April of 2012 which held that the National Labor Relations Act of 1935 does not provide the NLRB with the legal authority to enact such a rule.
The South Carolina Chamber of Commerce filed a lawsuit in 2011 against the National Labor Relations Board (NLRB) challenging the Board’s poster requirement rule. Last month, a federal court in the District of Columbia ruled against the NLRB in a similar lawsuit brought by the National Association of Manufacturers on the same issue.
“This is a significant victory for employees in South Carolina, who should not be subject to overreaching by the National Labor Relations Board,” said Otis Rawl, president and CEO of the South Carolina Chamber of Commerce. “As a right to work state, South Carolina employers have maintained positive employee relations with our strong workforce. We are extremely pleased with today’s ruling.”