The Motor & Equipment Manufacturers Association (MEMA), on behalf of its affiliate associations—the Automotive Aftermarket Suppliers Association (AASA), Heavy Duty Manufacturers Association (HDMA), Motor & Equipment Remanufacturers Association (MERA), and Original Equipment Suppliers Association (OESA)—has submitted an americus brief in the U.S. District Court lawsuit that was filed by the National Association of Manufacturers (NAM) against the National Labor Relations Board (NLRB) concerning its August 30 Final Rule on posting requirements, siding with the NAM in its arguments.
The NLRB rule would require employers to post a notice of an employee’s right to unionize. MEMA opposes the NLRB’s mandate to employers to post the notice as well as the unfair labor practices that employers would be subject to for failure to comply. MEMA also argues that the requirement violates an employer’s right to Free Speech protections as the NLRB cannot compel an employer to promote the agency’s agenda.
“MEMA is taking the unprecedented step of filing a brief in this lawsuit because of the egregious overreach of the NLRB,” said Bob McKenna, MEMA’s President and CEO. “The NLRB is clearly overstepping the authority it was given by Congress and the rule that it is proposing is contrary to the National Labor Relations Act (NLRA) and a violation of the Constitution.”
The brief also argues that the NLRB has not presented credible evidence pointing to a need to support such drastic changes to its statute. As such MEMA, urges the court to reject the “unreasonably overbroad interpretation of its authority to legislate substantive changes in the requirements and enforcement of the NLRA, especially where the Board’s actions seriously infringe upon the fundamental Free Speech rights.”
“At a time when job retention and creation should be at the forefront of the Administration’s agenda, the NLRB is instead choosing to move forward with a very partisan agenda,” McKenna continued. “Not only is this unfortunate, it is potentially disruptive to workplaces across the country, and that is not what is needed to put this country and its economy on a path to success.”