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CHAMBER OF COMMERCE OF U.S. v. N.L.R.B.

No. 2:11-cv-02516-DCN.

856 F.Supp.2d 778 (2012)

CHAMBER OF COMMERCE OF the UNITED STATES and South Carolina Chamber of Commerce, Plaintiffs, v. NATIONAL LABOR RELATIONS BOARD, Mark Gaston Pearce, in his official capacity as Chairman of the National Labor Relations Board, Brian E. Hayes, Richard F. Griffin, Jr., Terence F. Flynn, and Sharon Block, in their official capacities as Members of the National Labor Relations Board, and Lafe Solomon, in his official capacity as General Counsel of the National Labor Relations Board, Defendants.

United States District Court, D. South Carolina, Charleston Division.

April 13, 2012.

Attorney(s) appearing for the Case

Lucille L. Nelson, Benjamin P. Glass, Ogletree Deakins Nash Smoak and Stewart, Charleston, SC, Cheryl M. Stanton, Ogletree Deakins Nash Smoak and Stewart, Morristown, NJ, Lemuel Gray Geddie, Jr., Robert Oliver King, Ogletree Deakins Nash Smoak and Stewart, Greenville, SC, Robin S. Conrad, Shane Brennan Kawka, Washington, DC, for Plaintiffs.

Abby Propis Simms, Dawn Laura Goldstein, National Labor Relations Board, Washington, DC, Lee Ellis Berlinsky, US Attorneys Office, Charleston, SC, for Defendants.

ORDER

DAVID C. NORTON, District Judge.

This matter comes before the court on cross motions for summary judgment. The Chamber of Commerce of the United States and the South Carolina Chamber of Commerce (collectively, "plaintiffs") seek review of a final rule promulgated by the National Labor Relations Board ("NLRB" or "the Board"). For over seventy-five years, the NLRB has been nearly unique among federal labor agencies in not requiring employers to post...

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