Court Tears Down Union Poster Rule
A welcomed decision came this week from the U.S. District Court of Appeals for Washington, D.C., invalidating the National Labor Relations Board (NLRB) rule requiring businesses to post notices that amounted to little more than advertisements for union membership.
The Union Poster Rule would have required some six million employers to affix notices in their workplaces, and on their internet sites, informing employees of their legal union “rights” on everything from collective bargaining, to wearing union “hats, buttons, T-shirts and pins” at the office.
The court ruled that the “NLRB’s rule violated a federal law that bars the board from punishing an employer for expressing its views so long as those statements do not constitute threats of retaliation or force.” The rule had been under an injunction since April 2012.
In January, the same court threw into question hundreds of other NLRB decisions after finding that Obama’s recess appointments to the board were unconstitutional. The Obama administration is now appealing that decision to the Supreme Court.
Jay Timmons CEO of the National Association of Manufacturers (NAM) issued the following statement: “The poster rule is prime example of a government agency that seeks to fundamentally change the way employers and employees communicate. The ultimate result of the NLRB’s intrusion would be to create hostile work environments where none exist. The U.S. Court of Appeals has rightfully ruled that the NLRB has no authority to enforce notice posting. Stopping the NLRB’s burdensome agenda of placing itself into manufacturers’ day-to-day business operations is essential to preventing further government-inflicted damage to employee relations in the United States.”
Coalition for a Democratic Workplace chairman Geoffrey Burr said, “Employers are gratified the Court has examined the issue thoroughly and arrived at the logical conclusion that the Board veered outside its legal authority and an inappropriate rule has been set aside. The Court has put the NLRB on notice; it must live within the confines of the law.”
We join with the many other trade associations in expressing our pleasure with the Appeals Court decision to rein in one of the NLRB’s more outrageous efforts to expand itself into a taxpayer-funded union organizing operation by holding that the federal agency cannot compel private entities to post pro-union messages in their workplaces.
The NLRB however is not the only current example of government efforts to pick winners and losers.
In the state of New Hampshire, automobile dealers have joined with equipment dealers and are using their special interest influence in Concord to push legislation (SB126) that would change the states dealer contract laws and would give new and unprecedented powers to both auto and equipment dealers. This legislation also defines almost every piece of equipment our members manufacturer as a motor vehicle.
In the New Hampshire case, our members cannot count on the Courts coming to the rescue. It’s time our members make their voices heard.
If the legislature is determined to pass SB126, giving dealers special protections from the likes of GM, Ford, Toyota and giant multi-national tractor manufacturers, then it’s time for them to carve out small manufacturers from the entire bill.
We ask that members, who are willing to make their voice heard, contact the Association office where we will be glad to put you in touch with key members of the New Hampshire Legislature.