We reported recently that motions for summary judgment had been filed in the United States District Court for the District of Columbia in the case challenging the NLRB’s rule requiring that all employers post a notice about union organizing rights. Now summary judgment motions have also been filed by both sides in the other case in which the NLRB rule is being challenged. In Chamber of Commerce of the United States, et al. v. National Labor Relations Board, et al. (U.S.D.C., South Carolina, Case No. 2:11-cv-02516), the Chamber of Commerce and the NLRB have filed motions with the Court making arguments essentially the same as those made in the D.C. district court case.
The U.S. Chamber did raise one interesting argument not made in the D.C. district court case. The Chamber argued that the NLRB rule requiring employers to post notices about union organizing rights is "forced speech" violating the First Amendment of the United States Constitution. The Chamber argues that requiring employers to post the notice effectively forces employers to communicate to their employees about labor relations in a manner dictated by the NLRB. In response, the NLRB argues that the notice is not forced speech by the employer, but, rather, is the government communicating to the workforce.
With the current effective date of the posting requirement looming at January 31, 2012, we will keep close watch on further developments in both of these cases.