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Appeals Court Strikes Down NLRB Mandate on Union Rights
LARDIEREMCNAIR
May 8, 2013

The U.S. Court of Appeals for the District of Columbia Circuit Court struck down another National Labor Relations Board (NLRB) rule when it found that the NLRB violated the law by requiring U.S. businesses to put notices in the workplace and on websites, informing employees of their right to unionize.

Federal law prohibits punishing a business for speech, or in this case, lack of speech, as long as the business does not issue threats.  Freedom of speech protects “the right of employers (and unions) not to speak.”  Judge Raymond Randolf wrote for the court.

This is the second major defeat for the NLRB this year.  In January, the same appeals court invalidated President Obama’s appointments to the board due to congressional inactivity.  That ruling is being reviewed by the U.S. Supreme Court.

To read the full ruling in pdf format, please click here: Appeals Court Strikes Down NLRB Mandate on Union Rights.

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