June 14, 2013 4th Circuit published opinion

Chamber of Commerce of the United States v National Labor Relations Board

Board issued a rule requiring employers to posts notices of worker rights under the National Labor Relations Act. Chamber field suit arguing the rules were beyond the Board’s statutory authority. The district court granted judgment to Chamber. The panel affirmed. It held that the proper framework of analysis is whether Congress intended to grant the power to require the notices to Board. Finding the statute unambiguous, the panel held the answer was no. It noted that the statute does not contain any requirements for notices, limits the Board to reactively responding to complaints and that Congress has granted explicit notice requiring power to several other agencies, including labor regulatory agencies, but not to Board. Together , these facts demonstrate Congress did not intend to grant notice requirement power to Board.

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