NLRB’s opening brief filed with the Fourth Circuit on 9/28/12. NCLC filed its response brief on 11/28/12. The NLRB’s reply brief filed on 12/20/12. Decided 6/14/13.
Complaint filed 9/19/2011 before U.S. District Court for the District of South Carolina. On 10/5/11, the NLRB postponed the effective date of the final rule until 1/31/12. Chamber's Motion for Summary Judgment filed 11/9/11. National Labor Relations Board's Motion for Summary Judgment filed 11/9/11. NCLC's Memorandum in Opposition filed 12/7/11. NLRB’s Memorandum in Opposition filed 12/7/11. On 12/23/11, the NLRB further postponed the effective date of the final rule until 4/30/12. District court decision 4/13/12. On 4/17/12, the DC Circuit enjoined enforcement of the rule pending an appeal of a related lawsuit.
Decided 6/14/2013. Petition for Rehearing filed 7/29/2013. Petition Denied 8/12/2013.