House Republicans Continue Legal Effort to Block NLRB’s Unlawful Poster Regulation

Education & the Workforce Committee

House Republicans have filed an amicus brief in support of legal efforts to overturn the National Labor Relation Board’s (NLRB) poster regulation. Issued by the board in August 2011, the controversial regulation requires virtually every private employer to post in the workplace a biased and vague notice of employees’ labor rights.

In response to the board’s action, organizations representing workers and employers initiated a legal challenge to nullify the rule and on April 13, 2012 the U.S. District Court of South Carolina struck down the regulation. Echoing the legal concerns raised by congressional Republicans in an earlier brief, the decision by U.S. District Judge David Norton held that the NLRB lacked the statutory authority to require employers to post the notice. In response, the NLRB has appealed the decision to the U.S. Court of Appeals for the Fourth Circuit.

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