Skip to comments.Court blocks NLRB’s union poster rule with emergency injunction
Posted on 04/17/2012 10:54:08 AM PDT by jazusamo
A federal court on Tuesday blocked the National Labor Relations Board (NLRB) from issuing a rule that would require employers to post notices explaining workers collective bargaining rights.
The U.S. Court of Appeals for the District of Columbia Circuit ordered that an emergency injunction on the rule be granted, pending appeal. The poster rule was set to go into effect on April 30, but will now be delayed until the appeal is decided.
The National Association of Manufacturers (NAM) and the Coalition for a Democratic Workplace asked for the injunction after U.S. District Judge Amy Berman dismissed their legal challenge last month.
The facts in this case and the law have always been on the side of manufacturers, and we believe that granting an injunction is the appropriate course of action for the court. The posting requirement is an unprecedented attempt by the board to assert power and authority it does not possess, said Jay Timmons, NAMs president and CEO, in a statement.
Timmons said the manufacturers group will aggressively pursue the appeal to overturn the rule.
Other business groups celebrated the injunction.
For the last several months, [Associated Builders and Contractors (ABC)] has vigorously fought NLRBs politically motivated policies that threaten to paralyze the construction industry in order to benefit the special interests of politically powerful unions, said Geoff Burr, ABCs vice president of federal affairs, in a statement. The NLRBs notice posting rule is a perfect example of how the pro-union board has abandoned its role as a neutral enforcer and arbiter of labor law.
ABC is a member of the Coalition for a Democratic Workplace.
The injunction comes after U.S. District Judge David Norton ruled Friday that the labor board went beyond its legal authority when issuing the rule. That lawsuit was brought last year by the U.S. Chamber of Commerce and the South Carolina Chamber of Commerce.
A NLRB spokeswoman had no immediate comment on the injunction against the notice rule.
The corrupt and illegitimate NLRB provides a perfect example of Obama's thuggery disguised as "government".
Obama will stop at nothing to aid his union buddy thugs, if he's reelected it's going to get really scary.
This is GREAT news! However, the costs have already started hitting companies!
What really irks me - and most companies - is that my company hase already spent THOUSANDS of dollars preparing to implement this OBVIOUSLY illegal mandate! The argument that most companies made is the one that won the injunction: NRLB was NOT given authority to demand companies post ANYTHING! Congress created that board for a particular purpose; unfortunately, like MOST government creations, they are now politically charged and over-reaching (see EPA, DOJ, DOE, etc...)!
We the people MUST start fighting back! This is NOT just because of Obama, but his pointed attempts to circumvent Congress and his disdain for the limits which the Constitution placed on the Federal Government has made it very, VERY clear that “We the people” had better wake up and clean up our government!
It seems most of Obama’s appointees in the Executive branch are people that will carry out his bidding whether they have to ignore existing laws or not. AG Holder is a glaring example but these recess appointees on the NLRB also glaringly reflect it.
Congress has got to take action against this abuse of power by Obama or any other president that should try it. But like you say, if Congress won’t do it “We the people MUST start fighting back!”