DC Circuit Court of Appeals Strikes Down Union Poster Rule

Calling it “another blow to the nation’s dwindling labor unions,” the

AP reports  “an appeals court on Tuesday (May 7th) struck down a federal rule that would have required millions of businesses to put up posters informing workers of their right to form a union.”

The DC Circuit Court of Appeals ruled the NLRB  (National Labor Relations Board) “violated employers’ free speech rights in trying to force them to display the posters.”  Had the rule been upheld it would have required more than six million businesses to display an 11 x 17 notice prominently that explained to workers their right to join a union and bargain collectively for improved wages and working conditions.

The Court Decision is a Win for Employer’s Rights

The U.S. Chamber was among the business groups that complained the regulation forced “employers to display labor laws in a way that some believed was too skewed in favor of unionization.”

A three-judge panel agreed, and ruled that the National Labor Relations Act protects employers’ rights not to publish the government’s poster if finding the language within it objectionable.  In fact, Judge A. Raymond Randolph likened the protection to First Amendment freedom of speech.

Jay Timmons, President, and CEO of the National Association of Manufacturers said: “Today, manufacturers claim an important victory in the fight against an activist NLRB and its aggressive agenda.”

The poster ruling is a win for business groups that have worked to prevent the NLRB from shifting favor to the labor unions in the courts.  However, an NLRB spokesman said the board is reviewing the decision.

The DC Circuit Court of Appeals also made headlines earlier this year when they threw hundreds of previous NLRB decisions into question after ruling that recess appointments to the board were unconstitutional.  The Obama administration is appealing the recess appointment decision to the Supreme Court.

Contact an Employment Law Attorney

Stephen D. Hans & Associates, P.C., have protected New York employer’s rights for 34 years.  To schedule an appointment, contact our office online or call us at 718-275-6700.

 

 

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