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NATIONAL LABOR RELATIONS BOARD (NLRB) WATCH

IMPORTANT UPDATE - NAM Clinches Victory in NLRB Poster Case

It's official. We defeated the National Labor Relations Board's (NLRB) so-called poster rule, which would have required manufacturers to post a notice in their workplaces informing employees of their right to organize and strike.

After two federal appeals courts struck down the rule, the NLRB had one final chance to save its mandate. The Board had until yesterday to ask the Supreme Court to take up the case and potentially overturn the lower court's ruling. It missed that deadline.

This victory was hard-fought. We began the litigation in 2011, but thanks to the efforts of NAM staff and our legal team and the financial support of our members, we prevailed, pushing back on the NLRB's overreach, safeguarding our members' First Amendment rights and saving manufacturers from an onerous and unfair mandate.

This victory is a great example of the results we can produce through strategic and well-funded legal action. With the launch of our new Manufacturers' Center for Legal Action (MCLA), the NAM is well-positioned to take on future legal challenges. The MCLA is building on the victory in the NLRB case through a challenge to a similar poster requirement that targets federal contractors. Moving into 2014, we are evaluating challenges to a variety of regulations coming from the Occupational Safety and Health Administration, Department of Labor, Environmental Protection Agency and Securities and Exchange Commission.

I know that manufacturers would rather be on their shop floor than in the courtroom, but with an Administration intent on pushing its agenda through aggressive executive action, we have to be aggressive in response. This win against the NLRB demonstrates that our strategy can get results. If you wish to support our legal efforts to push back against regulatory overreach, please click here.

UPDATE - NLRB Poster Rule Invalidated by U.S. Court of Appeals

The NAM won a decisive victory against the NLRB's overreach today when the U.S. Court of Appeals for the D.C. Circuit invalidated the board’s "poster rule," which would require employers to hang posters informing employees of their right to organize and strike. This decision confirms that manufacturers can't be forced by a rogue government agency to use their facilities to present a one-sided view of complex labor issues.

The ruling puts the NLRB on notice. It sends a clear message that the NAM and our Labor Policy Institute will fight the agency's attempts to ignore the law and expand its reach into manufacturers' workplace relations.

We initiated this suit in 2011 after the NLRB issued the rule and have aggressively litigated it. If the NLRB decides to appeal this decision to the Supreme Court, we again will stand up for manufacturers.

A potential Supreme Court case - as well as the six other labor and employment cases in which the NAM is currently involved - demonstrates the continued need for resources to fight these battles. The federal government has essentially unlimited resources to litigate these cases; the NAM does not. The NAM's Labor Policy Institute is critical to leveling the playing field and guarding the rights of manufacturers and their employees.

NLRB Ambush Election Rule - UPDATE

"Ambush Election" Rule Set Aside as Lacking Board Quorum - What Does This Mean for Union Representation Elections?  Late last year, the National Labor Relations Board (NLRB) attempted to adopt a new, final rule governing union representation elections. The rule, designed to dramatically speed up union representative elections by, among other things, combining pre- and post-election appeals, truncating pre- and post-election hearing procedures, and limiting the types of issues that employers could raise at pre-election hearings, was highly controversial and vigorously opposed during the rulemaking process by employers, who derisively deemed the rule the "Ambush Election" Rule. Despite fervent opposition, the Rule went into effect on April 30, 2012 . . . or so we all thought. Read full story at www.troutmansanders.com

Boeing Case

Earlier this year, the NLRB's General Counsel filed a complaint against Boeing for opening a new production facility in South Carolina. Late last week, the International Association of Machinists (IAM) and Boeing announced an agreement to settle their dispute, which was the basis of the NLRB complaint filed against Boeing earlier this year. As part of the agreement, the IAM will drop its complaint against Boeing, but the NAM remains concerned about the precedent set by the acting General Counsel and its implications for manufacturers seeking to expand operations.

Workplace Democracy and Fairness Act-H.R. 3094

On November 30 the House took an important step toward halting the NLRB's march against job creators by passing the "Workforce Democracy and Fairness Act" by a vote of 235-188. The bill would protect employers and employees from two of the NLRB's extreme actions-the proposed "ambush election" rule and the NLRB's Specialty Healthcare decision. H.R. 3094 allows employers sufficient time to prepare for an upcoming union election and ensures that workers have access to all the facts they need to make a fully informed and private decision about union representation-a decision that impacts their job and family. The bill would also undo the Board's decision in Specialty Healthcare, which allows for the formation of "micro unions," consisting of as little as two employees within one facility. These recent Board actions would place employers at a significant disadvantage. H.R. 3094 now awaits action in the U.S. Senate.

Action:

Now is the time to contact your U. S. Senators and urge them to support the Workforce Democracy and Fairness Act. It is critical that manufacturers make it clear to the Senate that the NLRB's actions are damaging your ability to create and retain jobs.

Download a "Workforce Democracy and Fairness Act" draft letter.

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