Bass Berry & Sims Labor Talk

NLRB Notice Rule Violates First Amendment

Posted in Union Organizing and Collective Bargaining

On May 7, the U.S. Court of Appeals for the District of Columbia struck down the NLRB’s 2011 rule requiring businesses to post notice of employee rights under the National Labor Relations Act. The court found that the rule violated the constitutional right to free speech. The one-sided NLRB rule requires employers to post a notice informing workers of their right to unionize. The notice does not inform employees of their protected right not to join a union (in right to work states such as Tennessee) or of their right to decertify an existing union. This is a big victory for employers and further confirms that the NLRB members appointed by President Obama have been furthering their pro-union political agenda at the expense of American businesses and taxpayers. It is expected that the Obama administration will appeal this decision to the U.S. Supreme Court.