Thursday, October 5th, 2017

Senator Tim Scott Statement on Latest NLRB Court Decision

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Washington– U.S. Senator Tim Scott (R-SC) issued the following statement in response to a ruling by the U.S. Court of Appeals for the Fourth Circuit that the National Labor Relations Board (NLRB) overstepped its authority when it issued the so-called “Poster Rule,” requiring employers to post notices informing workers of their right to unionize. The case was filed by the U. S. Chamber of Commerce and the South Carolina Chamber of Commerce in South Carolina federal court, which ruled in April that the NLRB acted outside its authority in administering the “Poster Rule.”

“The NLRB has routinely made it harder for businesses to succeed, grow, and create jobs,” said Senator Scott. “The NLRB was established as an unbiased arbiter, but President Obama has turned it into a pro-union, anti-right-to-work organization that often oversteps its bounds. I applaud this court decision, which recognizes that the board has taken on an unintended activist role. By undoing the burdens placed on businessesby the NLRB, we can make it easier to get our economy back on track and allow more folks to get back to work.”

The “Poster Rule” did not require balanced information such as employees’ rights to decertify unwanted unions or refuse to pay union dues for political purposes. This decision is consistent with a ruling by the U.S. Court of Appeals for the D.C. Circuit last month, while also finding that the NLRB’s rulemaking powers are limited.

Earlier this year, Senator Scott joined his colleagues in introducing the Advice and Consent Restoration Act, which would eliminate pay for unconstitutionally appointed members of the NLRB. Senator Scott also joined an amicus brief filed with the Supreme Court, asking the court to consider the legality of the President’s appointments to the NLRB. Court rulings earlier this year found the President’s so-called “recess” appointments to the board invalid.

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