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Twenty Republicans from the U.S. House of Representatives Dec. 5 filed an amicus brief in a federal appeals court in support of efforts to overturn a National Labor Relations Board (NLRB) regulation that would require employers to post a notice displaying a biased list of employee rights under the National Labor Relations Act (NLRA). 

The amicus brief was filed as part of the ABC-led Coalition for a Democratic Workplace’s (CDW) appeal of an unsatisfactory March 2 decision by the U.S. District Court of the District of Columbia that found the NLRB has the authority to mandate the notice posting itself, but cannot impose an up-front, blanket penalty policy for failure to post. In April, the court blocked implementation of the rule pending the outcome of the appeal.

In the amicus brief, congressional Republicans urged the appeals court to uphold a separate, favorable decision issued in April by the U.S. District Court of South Carolina, which struck down the regulation because the NLRB lacks the statutory authority to require employers to post the notice. 

A decision in the case is expected in early 2013.

The full brief is available to in PDF format