Oh, Oh. Could be I jumped the Gun!

Friday I told you all to get ready to get your NLRB poster up.  That’s what I get for having a guest blogger.  Now, in Chamber of Commerce v. NLRB the U.S. District Court for the District of South Carolina, that’s right South Carolina, has ruled that the new NLRB rule that requires that the new NLRB poster be posted is invalid. The court held that Section 6 of the NLRA (the “Act”) provides that rules promulgated by the Board be “necessary to carry out” the other provisions of the Act.  The court stated that “finding that the challenged rule is ‘necessary’ to carry out the provisions of the Act would require the court to ignore ‘the statutory language as a whole.’”  Finally, the court stated “After utilizing the tools of statutory interpretation, the court finds that the Board lacks the authority to promulgate the notice-posting rules.”

So, do you have to put the poster up?  Well, the Board has not said yet.  No word as of the posting of this post if the Board intends to delay the posting requirement yet again. In fact, the Board’s website still says April 30 is the day.   Stay tuned, I’ll let you know as soon as I know if anything changes.