NFIB Defends Small Business in Labor Cases
MYVOICE - NOVEMBER/DECEMBER 2013
The Small Business Legal Center files amicus briefs in two important labor cases.
With the Supreme Court’s 2013 term in full swing, the NFIB Small Business Legal Center has filed amicus briefs in two important labor cases that could affect the small business community:
National Labor Relations Board v. Noel Canning: In this closely watched case, the court will review the constitutionality of the three recess appointments Pres. Obama made to the NLRB in January 2012. NFIB believes the president overstepped his constitutional authority when he bypassed Congress and appointed new NLRB members because Congress was not technically in recess when he did so. In a huge win for small business, the D.C. Circuit unanimously agreed with NFIB’s position in January 2013. Now the Supreme Court will weigh in on the matter.
Since Pres. Obama made his recess appointments, the NLRB has handed down hundreds of decisions affecting small business owners. If the Supreme Court rules the president lacked the authority to make these appointments, hundreds of NLRB decisions could become invalid.
Unite Here Local 355 v. Mulhall: In this case, an employee opposed unionization at his company and challenged his employer’s offer to provide the union with “organizing assistance” in exchange for “labor peace.” In other words, the company had promised the union leaders it would support the unionization of employees as long as the union vowed not to strike, protest or picket. NFIB believes the so-called sweetheart deal violated federal labor laws that prohibit bribery in union organizing. The high court will decide the legality of such deals between labor and management.
For the latest information on the Small Business Legal Center’s Supreme Court involvement, visit www.NFIB.com/Legal.