This passed mostly unnoticed but on Frida, a Federal judge in South Caroline ruled against an NLRB mandate that employers must post notices telling workers about their rights to organize.
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, a Bush Sr. appointee, issued this ruling in direct contradiction to a court ruling in Washington DC that ruled the NLRB could require employers to post the notices.
Judge Norton … wrote, “The legislative history of this act supports a finding that Congress did not intend to impose a universal notice-posting requirement on employers, nor did it authorize the board to do so.”
Corey Robin: “Remember: this is just a requirement that employees be informed of their rights. It doesn’t impose costs on employers, restrict their profits, regulate their operations: it just requires that working men and women be informed of their rights.”
Norton’s ruling is expected to be appealed.