Practice Resource

Amicus Brief to US House – 5.29.2012 – National Association of Manufacturers, et al., v. National Labor Relations Board, et al., D.C. Circuit

May 29, 2012

In the D.C. Circuit appeal regarding the legality of the notice-posting requirement adopted by the NLRB, Morgan Lewis is representing The Honorable John Kline, Chairman of the House Committee on Education and the Workforce, and 30 other members of the U.S. House of Representatives. Morgan Lewis filed an amicus brief in this litigation—National Association of Manufacturers (NAM) et al. v. NLRB, No. 12-5068 (D.C. Circuit pending)—on May 29, 2012. View a copy of the amicus brief.

The NLRB issued its notice-posting rule on August 30, 2011. When the NAM litigation was pending before the U.S. District Court for the District of Columbia, the court upheld the NLRB’s adoption of the notice-posting requirement, but invalidated certain penalties for non-compliance. On April 17, 2012, the D.C. Circuit Court of Appeals enjoined enforcement of the notice-posting requirement pending the appeal of this district court ruling. In a separate lawsuit—U.S. Chamber et al. v. NLRB, No. 2:11-cv-02516-DCN (D. S.C.)—Morgan Lewis also represented Chairman Kline and selected House members, and the U.S. District Court for the District of South Carolina invalidated the NLRB’s notice-posting rule in its entirety. This ruling remains subject to appeal by the NLRB.