If they were making a zombie horror movie in Washington, the National Labor Relations Board would have a starring role. It’s dead, yet somehow keeps moving even as it rots away. This is due to President Obama’s stubborn determination to stack the nominally independent federal agency with partisan, pro-union zealots. The chief executive is so devoted to that end that he has created a board whose decisions cannot withstand legal scrutiny.
The latest blow to Obama’s NLRB came Tuesday when a three-judge federal appeals court panel threw out a rule that required all employers to put up workplace posters detailing some, though far from all, of their employees’ rights. As the judges noted, the posters only included the kind of information that unions wanted workers to know — like how to form a union — but nothing unions didn’t want workers to know, such as the procedure for decertifying a union or making sure dues weren’t spent to support political candidates or causes that an employee opposed. Furthermore, the NLRB treated refusal to put up the poster as prima facie evidence of a hostile workplace.
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