Published On: Wed, Sep 21st, 2011

U.S. Chamber Challenges Law Requiring Employers to Post Union Notices

The U.S. Chamber of Commerce has filed a lawsuit claiming that the National Labor Relations Board (NLRB) cannot force employers to post notices informing employees of their right to unionize.

The ruling requiring employers to display union rights posters at the workplace was published in the Federal Register in December 2010, and is to take effect on Nov. 14.

Another lawsuit against the NLRB rule has already been filed by manufacturers and right-to-work groups in the District of Columbia Federal Court.

The U.S. Chamber and its South Carolina chapter are claiming that the NLRB failed to perform an Initial Regulatory Flexibility Analysis before seeking public comment on the new rule, reports Courthouse News. More specifically, the Chamber refutes the NLRB statement that the rule “would not have a substantial economic impact on a substantial number of small entities.”

“The NLRB received more than 7,000 comments on the proposed rule,” the Chamber says. “Most comments opposed promulgation of a final rule,” but the NLRB approved it anyway.

The complaint states, among other things: “Unless enjoined, the Notification Rule will cause immediate, irreparable damage to plaintiffs and their members. Such damage includes, but is not limited to, the following: forcing plaintiffs and their members to incur substantial monetary costs; damaging the relationships that plaintiffs and their members have with their employees; and hampering the ability of plaintiffs and their members to engage in normal business activities.”

The Chamber, represented by Luci L. Nelson with Ogletree, Deakins, Nash, Smoak & Stewart, is seeking a declaration that the NLRB exceeded its authority in promulgating the rule, thus violating federal labor and regulatory laws and the First Amendment in the process. It is requesting that the rule is declared null and void.

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