The National Federation of Independent Businesses and the National Association of Manufacturers are crowing over Tuesday's appellate court decision (PDF) striking down a National Labor Relations Board rule that companies display a poster telling workers about their rights to form a union. The poster also says they have the right not to form a union.
“Today’s decision is a monumental victory for small-business owners across this country who have been subject to the illegal actions of a labor board that has consistently failed to act as a neutral arbiter, as the law contemplates,” Karen Harned, executive director of NFIB's Small Business Legal Center, said in an emailed statement. “The court acknowledged that ‘the choice to speak includes within it the choice of what not to say,’ and that the NLRB overstepped its authority by compelling small-business owners to post a pro-union notice. The court’s ruling protects small-business owners from frivolous union lawsuits and reaffirms that the authority of the NLRB is narrow and limited as defined by Congress in the National Labor Relations Act.”
Among the named plaintiffs in the foundational case was John Brinson, chief executive of Racquetball Centers Inc., known in the Allentown area as Lehigh Valley Racquet & 24-7 Fitness Clubs. In his declaration, Brinson said his company, which employs 260, has never violated the National Labor Relations Act.
Not surprising, the AFL-CIO, the nation's largest federation of labor unions, had a completely different reaction, saying that the Republican judges at the Washington DC appellate court "continue to wreak havoc on workers' rights."