Washington, DC (September 16, 2011) – Today, National Right to Work Foundation attorneys filed a federal lawsuit challenging the National Labor Relations Board’s (NLRB) new rules governing the notification of employee rights in the workplace.
The new rules require every employer to post incomplete information about employee rights online and in the workplace, even if they’ve never committed a violation or been accused of unfair labor practices. However, these rules do not require union officials to issue information about workers’ rights to refrain from union membership or opt out of union dues. Until the rule changes, which were implemented in late August, employers were required to post notices of workers’ rights only if a violation of labor law occurred.
National Right to Work Foundation attorneys believe the NLRB has exceeded its authority granted by Congress and violated free speech guarantees of the First Amendment. Attorneys from the National Federation of Independent Business are challenging the new rule in the same complaint on behalf of two member businesses, Southeast Sealing, Inc. and Lehigh Valley Racquet and 24/7 Fitness Clubs.
Under the National Labor Relations Act (NLRA), the NLRB administers union certification and decertification elections and adjudicates cases when workers, employers, or union officials file unfair labor practice charges against either unions or companies. However, the NLRB is now forcing its way into as many as six million private-sector workplaces by inventing out of whole cloth a new unfair labor practice without Congressional approval. And anyone can file the unfair labor practice charge – not just the company’s employees.
No other federal agency has ever made it unlawful to fail to post a notice that wasn’t required by Congress. Any job provider that fails to post the biased notice could find itself forced into a lengthy and costly legal battle. And as a result, Mom and Pop shops, small businesses, larger companies – even some religiously-affiliated organizations – are now under the Obama Labor Board’s microscope and will feel the pressure to hand over their employees to forced unionism.
“Under these new rules, employers are essentially weaponized against workers,” said Mark Mix, President of National Right to Work. “This ‘divide and conquer’ strategy should erase all doubt that the biased and ideologically-charged Obama Labor Board has turned into an organizing tool for Big Labor set to do one thing: force more workers into paying union dues to keep their jobs.”
“The National Right to Work Legal Defense Foundation is uniquely qualified to demonstrate that this one-sided rule is nothing more than yet another attempt by the Obama NLRB to force more workers into union ranks and stifle the rights of employees who want nothing to do with a union.”
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.