U.S. Court of Appeals for the Fourth Circuit has ruled in favor of the U. S. Chamber of Commerce and the South Carolina Chamber of Commerce in their suit that said the National Labor Relations Board (NLRB) had overstepped its authority with its “poster rule,” requiring employers to post notices informing workers of their right to unionize.
The case was first filed in South Carolina federal court, which ruled in April that the NLRB acted outside its authority and was appealed to the U.S. Fourth Circuit.
According to the South Carolina chamber, the rules requirement did not allow for a balance of information to be posted in a right-to-work state.
This decision is consistent with a ruling by the U.S. Court of Appeals for the D.C. Circuit last month.
With both appeals courts agreeing, it is unlikely that the NRLB’s appeal will go further.
State leaders have had a contentious relationship with the board that was created to enforce the National Labor Relations Act, since its attorneys attempted to block Boeing’s North Charleston Dreamliner plant. That complaint was settled.
In response to today’s ruling, U.S. Senator Tim Scott commented, “The NLRB was established as an unbiased arbiter, but President Obama has turned it into a pro-union, anti-right-to-work organization that often oversteps its bounds. I applaud this court decision, which recognizes that the board has taken on an unintended activist role.”