Chamber of Commerce v. NLRB, No. 12-1757 (4th Cir. 2013)
Annotate this CaseThe Chamber sought final review of the Board's rule, which required employers subject to the National Labor Relations Act, 29 U.S.C. 151-169, to post an official Board notice informing employees of their rights under the Act. The court held that the Board exceeded its authority in promulgating the challenged rule and affirmed the judgment of the district court. The rulemaking function provided by the Act only empowered the Board to carry out its statutorily defined reactive roles in addressing unfair labor practice charges and conducting representation elections upon request; there was no function or responsibility of the Board not predicated upon the filing of an unfair labor practice charge or a representation petition; and Congress never granted the Board the statutory authority to do so.
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