NLRB Notice Requirement Delayed

Steven E. Seasly, Richard T. Prasse

According to a South Carolina federal judge, the National Labor Relations Act (“NLRA” or the “Act”) does not support the National Labor Relations Board’s (“Board”) asserted authority to require that employers provide employees notice of their rights under the NLRA. (Chamber of Commerce v. NLRB, D.S.C., No. 11-cv-2516, 4/13/12).  In granting summary judgment to the Chamber of Commerce, Judge David C. Norton noted that while the court “does not discredit” the Board’s policy view that there may be an increased need for employees to learn about their NLRA rights, that policy cannot be given effect through the text of the Act.

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