A federal judge ruled Friday that the National Labor Relations Board (NLRB) exceeded its authority when it required employers to post notices explaining workers’ rights to form a union.
U.S. District Judge David Norton said in his ruling that Congress didn’t authorize the labor board to issue the poster rule. The U.S. Chamber of Commerce and the South Carolina Chamber of Commerce had challenged the NLRB regulation in federal court in September last year.
In his ruling, the federal judge said the agency lacked the legal authority to issue the notice and thus the rule was not lawful.
“Based on the statutory scheme, legislative history, history of evolving congressional regulation in the area, and a consideration of other federal labor statutes, the court finds that Congress did not intend to impose a notice-posting obligation on employers, nor did it explicitly or implicitly delegate authority to the Board to regulate employers in this manner,” Norton said.