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Employer Groups Fighting Back Against NLRB

Recent actions taken by the National Labor Relations Board (NLRB) have sparked enough anger among employers to prompt a lawsuit, an ad campaign, and support for a bill in Congress that’s seen as a way to curb what one employer group calls a “rogue agency.”

The National Association of Manufacturers (NAM) filed a lawsuit on September 10 in the U.S. District Court for the District of Columbia to stop the NLRB from moving forward with a recently approved plan to require most employers — both union and nonunion — to display a new poster outlining worker rights.

The poster, available on the NLRB website, states that employees have the right to act together to improve wages and working conditions; to form, join, and assist a union; to bargain collectively with their employer; and to refrain from any of those activities. The notice also provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints. The deadline for displaying the new poster is November 14.

“This rule is just another example of the Board’s aggressive overreach to insert itself into the day-to-day decisions of businesses — exerting powers it doesn’t have,” said NAM President and CEO Jay Timmons. “The growing list of burdensome actions from the NLRB is causing great uncertainty among manufacturers at a time when our economy is struggling to recover. We are committed to fighting this rule in order to rein in the NLRB. We also are encouraging Congress to act soon to stop this rogue agency.”

The U.S. House of Representatives passed the Protecting Jobs from Government Interference Act on September 15 and sent it to the Senate. If enacted, the bill would stop the NLRB from trying to keep aerospace giant Boeing Company from locating a major assembly line in a nonunion plant in South Carolina instead of in a union facility in Washington state.

Boeing’s decision has prompted an unfair labor practice charge. Union supporters claim that Boeing’s plant location decision was in retaliation for previous work stoppages at the Washington operation.

In addition to the lawsuit and the bill in Congress, NAM and the National Federation of Independent Business launched an online campaign on September 12 in conjunction with a multistate radio ad campaign calling for passage of the anti-NLRB bill. The campaign points out NLRB actions the groups claim “are causing unnecessary uncertainty among employers while unemployment remains above nine percent and the U.S. economy is struggling to recover.”

Get complete federal and state poster kits, including the new NLRB poster requirement