Updated: October 13, 2011
A week after the National Labor Relations Board issued its final rule requiring all private sector employers subject to the National Labor Relations Act (NLRA) to post a notice informing employees of their rights under the NLRA, Rep. Benjamin Quayle (R-AZ) introduced a bill to repeal it. The Employee Workplace Freedom Act (H.R. 2833) would rescind this rule as well as prohibit the NLRB from promulgating or enforcing “any rule that requires employers to post notices relating to” the NLRA.
In a press release, Rep. Quayle stated:
Over the past two and a half years, American businesses—both small and large—have dealt with an onslaught of new mandates, regulations and taxes. The National Labor Relations Board piled on another rule last week when it announced that employers must display 11 by 17 inch signs outlining the 76-year-old National Labor Relations Act. This needless requirement— which falls outside the NLRB's statutory authority — opens the door for legal action by the NLRB against companies that don’t comply.
Recent NLRB rules and actions are expected to come under congressional fire in the coming months. According to the House Majority Leader’s legislative agenda, the House is scheduled to soon take up the Protecting Jobs From Government Interference Act (H.R. 2587), legislation that would prohibit the NLRB from ordering any employer to close, relocate, or transfer its operations under any circumstance. It is also anticipated that the House will introduce and consider later this year legislation aimed at stopping the NLRB’s proposed rule that would radically change pre- and post-representation election case procedures.
The Employee Workplace Freedom Act has been referred to the House Committee on Education and the Workforce.
Update: On September 7, 2011, Rep. Scott DesJarlais (R-TN) introduced similar legislation, the Employer Free Choice Act (H.R. 2854). Senator John Thune (R-SD) followed suit one month later by introducing the Employer Free Speech Act (S. 1666) in the Senate.
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