Manufacturers’ Fight Against NLRB Overreach Reaches U.S. District Court

Judge Requests Delay in Implementation Until Court’s Ruling is Issued

National Association of Manufacturers (NAM) President and CEO Jay Timmons issued a statement after the NAM presented oral arguments in its lawsuit against the National Labor Relations Board (NLRB) over the "Posting Requirement" rule issued by the agency in August.

This 194-page rule would increase regulation on employers by forcing them to post unionization information. The lawsuit, which is pending in the U.S. District Court for the District of Columbia, asks the NLRB to set aside promulgation of the rule and alleges that the Board has overstepped its statutory authority and ignored congressional intent.

"This posting requirement rule is a perfect snapshot of the way the NLRB has conducted itself in the past year. The overreaching and activist policies inject the Board into the everyday operations of businesses, creating the potential for hostile work environments where there is no existing conflict," said Timmons. "The Board has overstepped its authority and ignored well documented congressional intent to implement an agenda that will place even greater burdens on job creators.

Manufacturers have taken this battle to the courtroom because we need immediate action to rein in this rogue agency before it does even more damage to the American workplace," Timmons continued. "The NAM is a strong supporter of a commonsense, thoughtful NLRB – but the policies offered by the current Board have been anything but. We hope the court will take the first step in rebuking the NLRB’s overreach and fostering a positive environment for manufacturers and their employees."

Chairman of the House Education and Workforce Committee John Kline (R-MN), along with 35 Members of Congress submitted an amicus brief in support of the NAM’s lawsuit. The brief documents the history of the National Labor Relations Act and clearly demonstrates that the NLRB has ignored congressional intent with regard to its authority to implement the "posting requirement" rule.

At the hearing today, Judge Amy Berman Jackson acknowledged the complexities of the issues presented in the case and again encouraged the Board attorneys to discuss delaying implementation of the rule until the court has reached an opinion.

Manufacturers continue to keep a watchful eye on the pending harmful actions from the NLRB - including the ambush elections rule and the decision in the Specialty Healthcare case. Nearly 70 percent of manufacturers say that the NLRB’s actions would make it harder for them to create jobs, according to a recent NAM survey.