Employment Law Report

Trade Group Files Suit Against NLRB to Block Its Notice Posting Rule

By Edwin S. Hopson

On September 8, 2011, the National Association of Manufacturers (NAM) filed suit in the U.S. District Court for the District of Columbia to stop the National Labor Relations Board from implementing its “Posting Requirement” rule.  The NLRB’s rule, which is slated to be effective in mid-November, 2011, would require all private employers who are not government contractors to put up posters informing employees in great detail of their right to organize and obtain union representation.  See Wyatt blog posted December 21, 2010.  The legal action asserts that the NLRB is acting outside its jurisdiction in promulgating the rule and requests that the rule be set aside.

NAM’s press release quoted NAM CEO Jay Timmons as stating:

“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. 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.”

A copy of the complaint can be found at:  http://www.crowell.com/files/National-Association-of-Manufacturers-v-National-Labor-Relations-Board.pdf