Washington, DC (March 2, 2012) – Today, a federal judge upheld the National Labor Relations Board’s (NLRB) power to enforce its controversial new rule requiring virtually every employer in the country to post biased information about employee rights online and in the workplace, even if they’ve never committed a violation or been accused of unfair labor practices.
The judge ruled that, if an employer fails to post the notice, it can be found to have committed an unfair labor practice and that fact can be used as evidence of "anti-union animus" in other cases in which an employer is accused of violating federal labor law.
The National Right to Work Legal Defense Foundation in conjunction with the National Federation of Independent Business (NFIB) filed the lawsuit challenging the notice posting rules with the United States District Court for the District of Columbia.
Patrick Semmens, Legal Information Director of the National Right to Work Foundation, had the following statement in the wake of the judge’s ruling:
"It is unfortunate that the court rubberstamped the Obama NLRB’s rule, giving union bosses another tool to push workers into forced union dues ranks, and threatening employers if they don’t display biased pro-compulsory unionism propaganda on their property.
The judge’s ruling effectively requires every job provider in America, from Mom and Pop shops and small businesses to larger companies, even some religiously-affiliated organizations, to post biased notices about workers’ rights, leaving the distorted NLRB requirement in place.
"In the past, employers were required to post notices of workers’ rights only if they violated labor laws. However, the judge’s decision turns that precedent on its head and almost guarantees that any job provider who fails to post a notice will face legal consequences.
"National Right to Work Foundation plans to appeal the court’s decision."
National Right to Work Foundation attorneys argue that the NLRB has exceeded its authority granted by Congress and violated free speech guarantees of the First Amendment.
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.