Manufacturers File Lawsuit to Rein in OFCCP Overreach

NAM and VMA Join to Protect Manufacturers Against Compelled Speech

Continuing the fight against forced speech and aggressive overreach, the National Association of Manufacturers (NAM) and the Virginia Manufacturers Association (VMA) have filed a lawsuit in the U.S. District Court for the District of Columbia to stop the Office of Federal Contract Compliance Programs (OFCCP) from compelling speech and violating the First Amendment as a result of its “posting requirement” rule.

A similar rule, put forth by the National Labor Relations Board, was struck down earlier this year by the U.S. Court of Appeals for the D.C. Circuit due to a successful lawsuit brought by the NAM. This rule requires federal contractors to put up posters informing employees that they have the right to organize, picket and strike.

"The courts have already ruled that these posters amount to compelled speech and extend beyond the intent of the National Labor Relations Act—federal contractors deserve the same protection from this aggressive overreach,” said NAM Senior Vice President and General Counsel Linda Kelly. “While we would prefer that agencies simply adhere to existing law, the NAM and the VMA will utilize all tools at our disposal to protect manufacturers, including fighting and winning in the courts.”

In a recent NAM/IndustryWeek survey, nearly 77 percent of manufacturers listed reducing the regulatory burden as a key part of a pro-growth agenda that will enable manufacturers to compete and create jobs.

“Protecting Virginia’s ‘right to work’ status is integral to the mission of the VMA and the success of Virginia’s manufacturers and contractors, and the OFCCP rule tips that delicate balance,” said VMA President and CEO Brett Vassey. “We’re proud to join with the NAM to take our case to the courts where we expect another ruling in favor of the First Amendment.”

To read the complaint as prepared for filing, please click here.