NFIB Files Amicus Brief Requesting Court to Rein in NLRB Expansion

Date: March 30, 2021

FDRLST Media v. NLRB questions who can file an unfair labor practice charge

WASHINGTON, D.C. (March 30, 2021) – NFIB filed an amicus brief in the case FDRLST Media, LLC, v. National Labor Relations Board at the United States Court of Appeals for the Third Circuit. NFIB argues the National Labor Relations Board incorrectly interpreted the National Labor Relations Act by allowing any person to file an unfair labor practice charge. The NLRA states that the person filing the charge must be a “person aggrieved” by the alleged practice, but the NLRB has interpreted this to mean “any person” may file a charge.

“This case has the potential to set a dangerous precedent for frivolous complaints against small businesses,” said Karen Harned, Executive Director of NFIB’s Small Business Legal Center. “By allowing someone with no specific injury or relationship to the charged party to file a charge, the NLRB is weaponizing the National Labor Relations Act against the small business community. Ultimately, the NLRB’s interpretation of the Act would have a damaging impact on small businesses nationwide.”

The case examines a complaint to the NLRB that the content of a tweet constituted an “unfair” labor practice. The complaint came from another Twitter user, someone entirely unaffiliated with FDRLST Media. The NLRB proceeded with enforcement actions against FDRLST Media. NFIB believes the Court should rein in the NLRB’s expansion of the NLRA’s meaning and hold that only an “aggrieved” person may file an unfair labor practice charge.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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