NFIB Victory in Challenge to NLRB Poster Rule
Board Lacks Authority to Require Businesses to Display Union Posters
WASHINGTON, D.C., May 7, 2013 —The United States Court of Appeals in Washington, D.C., ruled in favor of the National Federation of Independent Business (NFIB) in its challenge to the National Labor Relations Board’s (NLRB) “Notice Posting Rule.” Reversing the decision of the district court, the circuit court found that the Board does not possess the authority to require that the posters be displayed in places of business. Further, it affirmed the district court’s determination that the Board lacks the legal authority to enforce the poster rule as an unfair labor practice.
“Today’s decision is a monumental victory for small-business owners across this country who have been subject to the illegal actions of a labor board that has consistently failed to act as a neutral arbiter, as the law contemplates,” said Karen Harned, executive director of NFIB’s Small Business Legal Center. “The court acknowledged that ‘the choice to speak includes within it the choice of what not to say,’ and that the NLRB overstepped its authority by compelling small-business owners to post a pro-union notice. The court’s ruling protects small-business owners from frivolous union lawsuits and reaffirms that the authority of the NLRB is narrow and limited as defined by Congress in the National Labor Relations Act.”
NFIB is the nation’s leading small-business advocacy organization, representing 350,000 small businesses around the country.