http://www.foxnews.com/politics/2013/05/07/appeals-court-strikes-down-
union-poster-rule/?intcmp=obinsite
In another blow to the nation's dwindling labor unions, an appeals court
on Tuesday struck down a federal rule that would have required millions of
businesses to put up posters informing workers of their right to form a
union.
The U.S. Court of Appeals for the District of Columbia said the National
Labor Relations Board violated employers' free speech rights in in trying
to force them to display the posters or face charges of committing an
unfair labor practice.
Unions had hoped the posters would help them boost falling membership, but
business groups argued that they were too one-sided in favor of
unionization.
The court's ruling is the latest success for business groups that have
worked to prevent the NLRB from shifting the legal landscape in favor of
labor unions, despite President Obama's appointment of several labor-
friendly board members.
Earlier this year, the same appeals court threw into question hundreds of
other NLRB decisions after finding that Obama's recess appointments to the
board were unconstitutional. The Obama administration is appealing that
decision to the U.S. Supreme Court.
The poster rule would have required more than 6 million businesses to
display an 11-by-17-inch notice in a prominent location explaining the
rights of workers to join a union and bargain collectively to improve
wages and working conditions. The posters also made clear that workers
have a right not to join a union or be coerced by union officials.
The National Association of Manufacturers, U.S. Chamber of Commerce and
other business groups complained that the regulation violated free speech
rights by forcing employers to display labor laws in a way that some
believed was too skewed in favor of unionization.
A three-judge panel of the court agreed, ruling that the National Labor
Relations Act protects the rights of employers not to publish the
government's poster if they find the language in it objectionable. That
protection is similar to the First Amendment freedom of speech, said Judge
A. Raymond Randolph, who was appointed to the court in 1990 by President
George H.W. Bush.
"First Amendment law acknowledges this apparent truth: all speech
inherently involves choices of what to say and what to leave unsaid,"
Randolph said.
Randolph's decision was joined by Karen LeCraft Henderson, also a Bush
appointee, and Janice Rogers Brown, who was appointed by Bush's son,
President George W. Bush.
"Today, manufacturers claim an important victory in the fight against an
activist NLRB and its aggressive agenda," said National Association of
Manufacturers President and CEO Jay Timmons. "The poster rule is a prime
example of a government agency that seeks to fundamentally change the way
employers and employees communicate."
A labor board spokesman did not immediately respond to a request for
comment. The board had argued that the rule was needed because many
workers -- including recent immigrants, high school students and other
employees in nonunion workplaces -- were not aware of their right to
engage in collective bargaining.
Unions said the posters were needed to address widespread
misunderstandings about labor law and many workers' fear of exercising
their rights under it.
The rule was supposed to take effect last year, but the appeals court had
blocked it after lower courts split on whether the rule was valid. A
federal judge in Washington, D.C., found the poster rule was acceptable,
but limited how it could be enforced. Another federal judge in South
Carolina said the labor board exceeded congressional authority when it
approved the poster requirement in 2011.
--
Barack Obama, reelected by the dumbest voters in the history of the United
States of America.
Eric Holder, racist black murdering United States Attorney General, still
has his job.
Nancy Pelosi, Democrat criminal, accessory before and after the fact to
improper vetting of Barry Soetoro aka Barack Hussein Obama, a confirmed
felon using SSAN 042-68-4425, belonging to a dead man.
Obama ignored the brutal killing of an American diplomat in Benghazi, then
relieved American military officers who attempted to prevent said murder
in order to cover up his own ineptness.
Obama continues his goal of disarming America while ObamaCare increases
insurance premiums 200% and leaves millions without health care.
Obama helped bankrupt Illinois. Democrat run Chicago closes 54 public
schools.
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