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

United States Court of Appeals for the Fourth Circuit

721 F.3d 152 (2012)

Facts

The National Labor Relations Board (NLRB) (defendant) promulgated a rule that required employers to post a notice informing employees of their rights under the National Labor Relations Act (NLRA). The Chamber of Commerce of the United States (the Chamber) (plaintiff) challenged the NLRB’s rule. The Chamber argued that § 6 of the NLRA only gave the NLRB the power to promulgate rules that directly addressed unfair labor practices or related to union-representation elections. The district court held that the NLRA did not grant the NLRB the power to promulgate the notice requirement. The NLRB appealed.

Rule of Law

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Issue

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Holding and Reasoning (Duncan, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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