DOL Defends Posting Requirements Against Challenge From Contractors

This week the Department of Labor (DOL) defended its rule requiring federal contractors to post notices informing employees of their right to unionize. The National Association of Manufacturers (NAM) and the Virginia Manufacturers Association have brought a challenge to the rule in federal court based upon statutory and First Amendment grounds.

In its opposition to NAM’s motion for summary judgment, the DOL rejected NAM’s contention that the notices constitute “compelled speech” interfering with federal contractors’ First Amendment Rights. Instead, DOL argued, “[i]f plaintiffs do not like the terms of doing business with the federal government, their recourse is to decline the government’s money.” In addition, DOL argued that the notices promote a more efficient employment environment by preventing labor unrest.

Each side relied on competing D.C. Circuit authority to support their respective positions. In its motion for summary judgment, NAM cited the D.C. Circuit’s 2013 decision in NAM v. National Labor Relations Board, in which NAM successfully struck down the National Labor Relations Board’s requirement that employers post notices identical to those required by DOL on the grounds that it was compelled speech that violated Section 8(c) of the National Labor Rights Act (NLRA). DOL countered by pointing to the D.C. Circuit’s 2003 decision in United Auto Workers-Labor Employment Training Corp. v. Chao, which rejected the United Auto Workers’ challenge to required notices informing employees of their right not to join a union.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Proskauer - Government Contractor Compliance & Regulatory Update | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.