The National Labor Relations Act (NLRA) prohibits employers and employees from engaging in specified practices, which the act deems “unfair.” When a violation occurs, the National Labor Relations Board (NLRB) has authority under the Act to take remedial measures. But, the agency lacks the power to impose affirmative obligations on employers unless they have actually committed an unfair business practice. Nonetheless, the NLRB has now promulgated a rule to require most all business owners to display posters on worksites for the purpose of informing employees of their rights to unionize.
The NFIB Legal Center has taken the lead, along with other industry groups, in challenging the NLRB’s poster rule. We argue that the NLRB poster is biased and unconstitutionally compels speech. More fundamentally, we contend that the NLRB lacks authority to impose any such mandate on business owners who have done nothing to violate labor laws.
Status: Pending - D.C. Court of Appeals.