Case Updates
Fourth Circuit upholds District Court decision; holds NLRB has no authority to issue posting regulation under the NLRA
June 14, 2013
The Fourth Circuit Court of Appeals upheld the decision of the district court and held that the NLRB does not have authority under the NLRA to promulgate the posting requirement. Below are some excerpts from the court's decision:
NLRB appeals Poster Rule to Fourth Circuit
November 05, 2011
The NLRB appealed the decision of the U.S. District Court for the District of South Carolina to the Fourth Circuit Court of Appeals. The District Court ruled that the NLRB violated the Administrative Procedure Act (APA) in promulgating the rule. The court noted that nothing in the National Labor Relations Act (NLRA) “even mentions the issue of notice posting” (emphasis added) - much less compels or even permits the NLRB to issue such a rule. The NLRB has appealed to the Fourth Circuit.
Case Documents
- Opening Brief of Appellant NLRB -- NLRB v. U.S. Chamber of Commerce (Fourth Circuit).pdf
- Response Brief of Appellees the Chamber of Commerce -- NLRB v. U.S. Chamber of Commerce (Fourth Circuit).pdf
- Reply Brief of the Appellant NLRB -- NLRB v. U.S. Chamber of Commerce (Fourth Circuit).pdf
- Amici brief of Hon. John Kline et al. in support of Appellees -- NLRB v. U.S. Chamber of Commerce (Fourth Circuit).pdf
- Amicus brief of Charles Morris in support of Appellants -- NLRB v. U.S. Chamber of Commerce (Fourth Circuit).pdf
- Amici brief of AFL-CIO et al. in support of Appellants -- NLRB v. U.S. Chamber of Commerce (Fourth Circuit).pdf
- Chamber Motion to Amend Briefing Schedule -- NLRB v. Chamber of Commerce (Fourth Circuit).pdf
- Order amending briefing schedule -- NLRB v. Chamber of Commerce (Fourth Circuit).pdf
- Chamber of Commerce, ET AL. V. National Labor Relations Board (NCLC Complaint).pdf
- Chamber of Commerce et al. v National Labor Relations Board (NCLC Memorandum in Support of Motion for Summary Judgment).pdf
- Chamber of Commerce et al. v. National Labor Relations Board (NLRB Memorandum in Support of Cross Motion for Summary Judgment).pdf
- Chamber of Commerce, et al. v. National Labor Relations Board (Amicus Brief - Honorable John Kline and Various House Representatives).pdf
- Chamber of Commerce, et al. v. National Labor Relations Board (Amicus Brief - MEMA).pdf
- Chamberof Commerce et al v National Labor Relations Board Defendant's Memorandumin Oppositionto Plaintiff's Motionfor Summary Judgement
- Chamberof Commerce et al v National Labor Relations Board NCLC's Memorandumin Oppositionto Defendant's Motionfor Summary Judgement
- Chamber v. NLRB (Posting Rule) (Opinion).pdf
- NAM v. NLRB (DC Circuit Injunction Order).pdf
- Chamber of Commerce, et al. v. NLRB (Posting Rule) (NLRB Letter).pdf
- Chamber of Commerce v. NLRB (Summary Judgment).pdf
- 28j Letter -- U.S.Chamber of Commerce v. NLRB (Fourth Circuit).pdf
- Opinion -- Chamber of Commerce et al v NLRB (Posting Rule) (Fourth Circuit).pdf
- Petition for Rehearing -- NLRB v. Chamber of Commerce (Fourth Circuit).pdf
- Order Denying Rehearing -- NLRB v. Chamber of Commerce (Fourth Circuit).pdf