Overlawyered: Chronicling The High Cost Of Our Legal System

“NLRB Goes Back to the ‘80s To Justify A Union-Notice Rule”

The National Labor Relations Board (NLRB) has adopted a rule that

would require virtually every private company in the country to post a Notice advising employees of their right to organize a union and to strike. In justifying the rule, the NLRB explained that most employees do not know about their labor rights … as evidenced by surveys of high school students in the 1980s. The NLRB also relied on anecdotal evidence from “West Germany” and a remarkably contorted statutory analysis. If the circuit courts split, as the district courts split below, the cases could easily wind up in the Supreme Court.

[Asheesh Agerwal, Library of Law and Liberty]

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5 Comments

  • ‘most employees do not know about their labor rights ‘

    What labor rights?

  • If my employees Unionize, I will close the company.

    • By Mannie

  • As Unions become less and less common, don’t organizations like the NLRB become less and less relevant. People don’t like to feel irrelevant. If there need to be Unions for them to be relevant, then they will start marketing Unions, trying encourage new unions to form. All with the purpose of justifying their organization and their budget.

    All Federal Agencies are the same. The people working there want to feel important and needed. They feel they do good work and want to help people. As times change, even if their organization is no longer needed, they will try to find a new mission, or extend their own mission. The Rural Electrification Agency is a classic example. Formed in the 30’s to bring electricity to farmers. It is still around, it has changed its name a couple times. It has been shuffled from one agency to another, but it is still around. Now it is responsible for bringing Broadband Internet to rural areas. But there was a long time between when farmers had electricity and the invention of broadband internet. During that whole time, we couldn’t get rid of this organization

    • By Don

  • Jack-

    It’s right there in the Constitution between the right to health care and the right to go to a non smoking restaurant (the right to swim in a pool was the most recent adddition).

  • The first goal of any bureaucracy is to perpetuate the bureaucracy.

    I have to wonder how many of the NLRB’s employees are members of a public sector union? Wouldn’t that be a conflict of interest?