Today, the NAM filed its opening brief on the appeal of the U.S. District Court’s decision on the Notice Posting case against the NLRB. The NAM believes the NLRB lacks the authority to require all employers to put up a poster of employees’ rights.
The judge in the U.S. District Court, however, did not find in favor of the NAM’s argument and held the poster requirement was valid under the Board’s authority to require the poster. The NAM immediately appealed this decision to the U.S. Court of Appeals for the D.C. Circuit and also filed an injunction motion to prevent the rule from taking effect on April 30. On April 17, the NAM was victorious in winning the injunction motion and preventing the rule from going into effect until the appeal is decided.
In the brief filed this afternoon, the NAM argues the U.S. District Court erred in its finding that the Board has the authority to require employers to put up a poster. The NAM points to the legislative intent of the National Labor Relations Act (NLRA), showing Congress never intended to give the NLRB broad rule-making authority outside of unfair labor practice remedies or representation proceedings.
In fact, the legislative history shows when the Act was amended, the inclusion of a notice posting requirement was rejected by Congress. Congress, however, included similar provisions in other labor-related laws passed before and after the NLRA. Why would Congress reject an amendment to the NLRA if they wanted the NLRB to have this authority? It is clear to the NAM and the answer is simple, Congress never intended for the Board to have the authority to require employers to do something or put something up on a wall. We hope the Appeals Court sees this as clearly as the NAM does.