Denied: Appeals Court Blocks NLRB From Requiring Employers To Display Collective Bargaining Rights Posters
- Posted on April 18, 2012 at 2:28pm by
Becket Adams
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A U.S. Court of Appeals in Washington, DC, has temporarily blocked the National Labor Relations Board (NLRB) from passing a rule that would require employers to display posters explaining collective bargaining rights.
In September, the proposed “poster rule” was challenged by the National Association of Manufacturers, the National Right to Work Legal Defense, the Education Foundation, and other business lobby groups. They argued that the NLRB’s poster proposal would negatively affect approximately 6 million employers who are otherwise exempt from NLRB regulations.
“The rule, approved by the board last year, would apply to most private-sector companies in the U.S.,” the Wall Street Journal reports. The posters inform employees of their “right to join a union and act together to improve wages and working conditions,” the report adds.
But their main argument against the poster rule is simple: the NLRB doesn’t have the authority make any such requirements.
“The facts in this case and the law have always been on the side of manufacturers, and we believe that granting an injunction is the appropriate course of action for the Court. The ‘posting requirement’ is an unprecedented attempt by the Board to assert power and authority it does not possess,” National Association of Manufacturers President and CEO Jay Timmons told POLITICO in a statement after the injunction was ordered.
Other businesses agreed.
“For the last several months, [Associated Builders and Contractors (ABC)] has vigorously fought NLRB’s politically motivated policies that threaten to paralyze the construction industry in order to benefit the special interests of politically powerful unions,” said Geoff Burr, ABC’s vice president of federal affairs, in a statement.
“The NLRB’s notice posting rule is a perfect example of how the pro-union board has abandoned its role as a neutral enforcer and arbiter of labor law.”
The fed court ordered that an emergency injunction on the rule be granted, pending appeal. After the injunction was issued Tuesday, a spokesman for the manufacturers group said they plans to file a full appeal soon.
The NLRB seems somewhat unfazed by the fed court’s decision.
The NLRB Board (from left): Brian Hayes, Sharon Block, Mark Gaston Pearce, Terence F. Flynn, Richard F. Griffin, Jr.
“We continue to believe that requiring employers to post this notice is well within the Board’s authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law,” NLRB Chairman Mark Gaston Pearce said Tuesday afternoon.
The poster rule was supposed to take effect on April 30, but the NLRB said it would not implement the rule “pending resolution of the issues before the court,” according to the Journal.
The Washington case, filed in September, is “one of two challenges to the NLRB provision, issued on Aug. 30. U.S. District Judge David C. Norton in Charleston, South Carolina, on April 13 ruled the regulator exceeded its authority in promulgating the poster rule, holding in favor of the U.S. and South Carolina Chambers of Commerce,” Bloomberg reports.
The National Association of Manufacturers will turn in their briefings to the court on May 15, and the NLRB’s due date for briefings is June 15, according to Politico.
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Comments (42)
TEARS FOR AMERICA
Posted on April 19, 2012 at 7:21amThe NLRB has no right coming into a business and telling it what to do, period. Unions are a plague on our nation!
VOTE 2012!
Report Post »SHOWMESTATEGUY
Posted on April 18, 2012 at 11:10pmThe incorrigible relationship between the unions and the Democratic party has proved disastrous for our country. Public sector unions are the perfect example of vote buying by the Democrats.
When taxpayers vote Democratic they are voting against themselves. You vote the Democrats into office, they give the unions a nice raise, more benefits, and everybody sets back and waits for the next election. It’s all good until it has to be paid for. The union and demo answer to that is more TAXES. You know, just to be fair.
Four more years of BO and the NLRB will be the unelected dictator of this country Power to the worker!!!!! I should have said power to the union worker, the NLRB says to hell with everyone else. Just pay the damn taxes and shut up.
Report Post »Anamah
Posted on April 19, 2012 at 12:23amTo gain more power and control, Democratic Party is transforming into a very destructive force against ourselves. Justices must stop the aggressors, or we are going to disappear as a free country…
Report Post »blackyb
Posted on April 18, 2012 at 10:20pmNow who is paying the National Labor Boards salaries? They should be disbanned.
Report Post »3katmomma
Posted on April 18, 2012 at 6:06pmThere was a time when unions were necessary and beneficial. Employees working for low wages and no benefits, in poor and unsafe conditions for employers who considered them chattel to be discarded at a whim.
Report Post »Unfortunately, roles have been reversed. Where once it had been employers who were tyranical, and had little or no reguard for employee well being, it is now union leaders who have taken over that role.
Jaycen
Posted on April 18, 2012 at 10:50pmI have no doubt that you have been told that, but it’s simply not true. Unions have ALWAYS been about protecting the jobs of a select few people, and putting others out of work.
One of the earliest union labels proudly proclaimed cigars produced by whites, and not by indians or blacks. Look for the union label!
Report Post »texasfarmer
Posted on April 18, 2012 at 5:31pmIt’s about stinking time they did something right.
Report Post »Bill Rowland
Posted on April 18, 2012 at 7:57pmNLRB is clearly overstepping its authority and not even trying to pretend it is a neutral arbiter of labor problems. Sweet Old Barack has stacked it in favor of his big labor buddies. Their attempt to force Boeing to close their S. Carolina oeration.
Sweet Old Baracks egotism has spilled over into his Csars..Willl be so glad when we are rid of him, Holdup and Fat Janet to name just a few.
Remember in Novmber vote early, vote often – lets do this Chicago Style.
OMG 2012
Report Post »mike_trivisonno
Posted on April 18, 2012 at 4:14pmThe NLRB?
C’mon. They’re a bunch of communist punks.
Report Post »Seabird
Posted on April 18, 2012 at 3:52pmThis sounds like a time for “I WILL NOT COMPLY”!
Report Post »texanpatriot
Posted on April 18, 2012 at 5:20pmBe careful — the Brown Shirts will come and you will not like what happens. Not Kristallnacht but Posternacht…
Report Post »rob_a
Posted on April 18, 2012 at 3:29pmIN 2013, NLRB Gone!!!!!
It will be a great day when the labor unions are thrown out of my state’s (Calif) capital. Just a dream for now
Report Post »infortheride
Posted on April 18, 2012 at 3:19pmNLRB needs to be axed,(not asked) along with DOE, EPA, IRS…
Report Post »Arshloch
Posted on April 18, 2012 at 3:17pmThe NLRB should be disbanded, never again to soil the U.S. with stupid union blather.
Report Post »lassiegirldawn
Posted on April 18, 2012 at 3:14pmFinally a judge with some guts and brains
Report Post »johnjamison
Posted on April 18, 2012 at 3:18pmThe NLRB is heavily communistic influenced and it members should be trialed for treason.
Report Post »tankyjo
Posted on April 18, 2012 at 3:07pmThe NLRB needs to go away, soon.
Report Post »Snowleopard {gallery of cat folks}
Posted on April 18, 2012 at 2:58pmGreat news, and now it needs to be made a permanent band; Obamas machinery of perversion and transformation need to be dismantled and destroyed in detail.
Report Post »marhee9
Posted on April 18, 2012 at 3:03pmI think a number of the American people understand that the NLRB wanting these posters displayed in non-union shops is an attempt to influence unionization. I would close my business down in a second if a union took over. It’s my business, if the employees want to work for a union, they’re going to have to go somewhere else. The union would bankrupt my business in a matter of months.
Report Post »http://www.youtube.com/watch?v=xW8uKxXitAc
johnjamison
Posted on April 18, 2012 at 3:31pmJan 2013 when Romney takes office the change will begin….I hope.
Report Post »The repeal of overburdening Government and the begining of hope
joekoets
Posted on April 18, 2012 at 2:57pmIt’s about time the knee breaking thugs are held accountable and enmployers not required to advertise union propaganda.
Report Post »joekoets
Posted on April 18, 2012 at 2:55pmAbout time the NOBAMA knee breaking THUGS get put in their place.
Report Post »progressiveslayer
Posted on April 18, 2012 at 2:55pmNasty
Report Post »Liberal
Reprobate
Bastards
Danang1972
Posted on April 18, 2012 at 2:52pmI live in a Right To Work state (South Carolina) – WE DON”T NEED OR WANT ANY STINKIN UNIONS so to the NLRB – take your rule and shove it!!!!!!!
Report Post »progressiveslayer
Posted on April 18, 2012 at 3:39pmA right to work state is a natural repellent to an Obama zombie,they’ll never work or pay taxes but on one thing they all agree,taxes should be raised and often.
Report Post »progressiveslayer
Posted on April 18, 2012 at 2:51pmThese victories in court are of minor importance and the answer to the union problem is to abolish all unions private and public sector.Public sector unions are greedy and will die off from their greed,and the states that go bankrupt because of the union pigs will be looking for a bailout Private sector unions are just as bad with their greedy fat cat union bosses destroying jobs here in America with the help of usually democrat politicians,bunch of pigs.
Report Post »angelite49
Posted on April 18, 2012 at 2:43pmThis is a welcome reprieve for all employers. Let’s hope the final outcome will prevent such a blatant solicitation on behalf of unions.
Report Post »Detroit paperboy
Posted on April 18, 2012 at 2:41pmLooks like five worthless government employees in the photo, fire them and 75% of all the other lazy beauracrats and watch us boom economically …….nobody would miss any of them…… And they wouldn’t survive one week in the private sector…. Worthless !
Report Post »Eric_The_Red_State
Posted on April 18, 2012 at 2:41pmUnions are killing this country.
Report Post »They USED to serve a purpose – but they got greedy and overstepped their bounds.
They NEED to be kept in check – but they also need to protect workers.
Wouldn’t it be nice if we had people in charge that were not power hungry jerks.
Intense66
Posted on April 18, 2012 at 3:04pmAgreed…unions are killing this country and businesses. My father worked 25 years for a unionized company (and he hated every minute of having to be in the union) until the union systematically shut down the facility where he worked and he nearly lost his pension in the process! Turns out that the union boss for that facility was a complete drunk and literally squandered dues and the like to line his own greedy, drunken pocket! This is a prime example of the unions just doin’ their thing.
Report Post »Anonymous T. Irrelevant
Posted on April 18, 2012 at 3:27pmUnions are the BIGGEST problem with education in our country today. Well, them and the Dept. of Indoctrination, I mean, Education :-)
Report Post »blanco5
Posted on April 18, 2012 at 2:40pmIn the words of the bully on The Simpsons….”HA-ha!”
Report Post »bigmel754
Posted on April 18, 2012 at 2:39pm““We continue to believe that requiring employers to post this notice is well within the Board’s authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law,” NLRB Chairman Mark Gaston Pearce said Tuesday afternoon.”
Report Post »That is pretty arrogant “under our law”!
Marci
Posted on April 18, 2012 at 2:45pmExactly BigMel…how arrogant. But then again, this is a group that under Obama tells people where they can now open up their factories. Soft tyranny is getting hard boiled pretty quick.
Report Post »wzanesdad
Posted on April 18, 2012 at 3:00pmabsolutely right marci……but people should realize that this really is a HUGE victory for conservative capitolists…at least for now, it shows there are people fighting back on some of the insanity.
Report Post »lukerw
Posted on April 18, 2012 at 2:39pmSo… we still have Private Property Rights!
Report Post »Cavallo
Posted on April 18, 2012 at 3:55pmDon’t forget to smile when you say that, or at least add a [sarc] tag. :P
Report Post »kaydeebeau
Posted on April 18, 2012 at 6:22pmexcpet if you are a pig farmer in Michigan
Report Post »Inlightofthings
Posted on April 18, 2012 at 10:04pmIf you exclude Eminent Domain….
Report Post »HorseCrazy
Posted on April 18, 2012 at 2:32pmfinally some sanity. now if we could just get the NLRB defunded and shut down
Report Post »