U.S. Rep. Rodney Alexander, R-Quitman, released the following statement applauding a ruling made by a U.S. District Court in South Carolina on April 13. Judge David Norton ruled that the National Labor Relations Board (NLRB) exceeded its authority by issuing a requirement that businesses post a biased labor rights poster in a conspicuous location in the workplace.
"Based on the statutory scheme, legislative history, history of evolving congressional regulation in the area, and a consideration of other federal labor statutes, the court finds that Congress did not intend to impose a notice-posting obligation on employers, nor did it explicitly or implicitly delegate authority to the Board to regulate employers in this manner," Norton said.
On November 15, 2011, Alexander and 35 of his colleagues submitted an amicus brief to the court, expressing their disapproval of the NLRB rule and their belief that the Board ruled contrary to Congressional intent of the National Labor Relations Act (NLRA). Based on his ruling, Judge Norton agreed with much of what was stated in the amicus brief.
"I am glad this court recognized the NLRB's blatant overreach of government regulation on small businesses. This poster rule is a perfect example of Washington bureaucrats trying to solve a problem that doesn't exist, and creating a problem in the process. If the administration wants our private sector to create jobs, it needs to stop issuing dozens of new regulations that get in the way of hiring," Alexander stated.
This ruling is contrary to an earlier court decision in Washington, D.C., that upholds NLRB's poster rule. Due to the conflicting judgments, it is unclear at the moment whether the April 30, 2012, implementation date will be postponed pending further legal action.
U.S. Rep. Rodney Alexander, R-Quitman, represents Louisiana's 5th Congressional District and serves on the House Appropriations Committee.