Senior Vice President, Employment Policy Division, U.S. Chamber of Commerce
As this blog has noted here and here, the National Labor Relations Board (NLRB), and specifically the General Counsel (GC), is pursuing an ongoing campaign against employer free speech, in the process disregarding the views of the Supreme Court and overwhelming congressional passage of the Taft-Hartley Act.
The campaign thus far has focused on trying to prevent employers from speaking out. In a new twist, however, the NLRB is now trying to force employers to engage in certain speech. Unfortunately for the NLRB, compelled speech is just as legally dubious as restricted speech.
As Bloomberg reported (subscription required), the NLRB is calling for changes to standard remedies in unfair labor practice cases. Specifically, the agency wants to compel company officials to read out notices of violations to workers, presumably at a company staff meeting. Currently a notice of a violation is posted in the workplace and if a public reading of said violation is required, an NLRB agent can provide the reading with company managers present.
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There is a long history of cases dealing with the legality of compelled government speech. Particularly relevant to the NLRB’s intention here is a 2020 case from the Sixth Circuit, in which the Court struck down an effort by the Board to force management officials to publicly read out a notice of...
The notorious ShinyHunters gang on Tuesday claims to have breached the FBI, compromising multiple systems and agent data – all in apparent retaliation against the law enforcement agency for publis...