By Steven Greenhouse, New York Times
A federal judge in South Carolina ruled on Friday that the National Labor Relations Board did not have the authority to order most private employers to post notices telling workers about their right to unionize under federal law.
The judge, David C. Norton of United States District Court in Charleston, rejected the labor board’s argument that its order to post such notices was necessary for the board to carry out its mission. He also rejected the board’s contention that Congress had delegated authority to the board to order the posting of such notices, which would explain the right to bargain collectively, to distribute union literature and to work together to improve wages and conditions.
Judge Norton’s decision clashes with one that a federal district court judge in Washington, D.C., issued last month, concluding that the labor board did have the authority to issue its order on posting notices.