You are hereNational Law Journal: Chamber files suit over new labor posters

National Law Journal: Chamber files suit over new labor posters


-by David Ingram

September 20, 2011- The U.S. Chamber of Commerce is suing the National Labor Relations Board over a new rule that will require employers to display an 11- by 17-inch poster that tells workers about their rights to unionize.

Lawyers for the Chamber and for its local state affiliate filed their request for an injunction in U.S. District Court for the District of South Carolina on Monday. The lawsuit is the latest example of the business-backed organization turning to the courts to try to turn back what the Chamber's president, Thomas Donohue, has called a "tsunami" of regulation from the Obama administration.

The lawsuit says the labor board does not have the authority under the National Labor Relations Act to require employers to display the notices. It also calls the notices "compelled speech" that employers have a right to be free from under the First Amendment.

Robin Conrad, executive vice president of the National Chamber Litigation Center, the group's legal arm, said in a statement that the rule is "nothing more than labor regulation run amok." Ogletree, Deakins, Nash, Smoak & Stewart, which specializes in labor and employment law, is representing the Chamber and its South Carolina affiliate.

The labor board has heard similar criticisms since before it issued the final rule on Aug. 30. In explaining its position then, the board's majority said it had sufficient authority under its rulemaking powers, and it disagreed with the idea that the rule violates the First Amendment.

FULL STORY HERE:

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