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01/06/2014

Combined Association Efforts Lead to Victory

The combined efforts of NAHAD, NAM and NAW have defeated the National Labor Relations Board’s (NLRB) so-called poster rule, which would have required companies to post a notice in their workplaces informing employees of their right to organize and strike.

After two federal appeals courts struck down the rule, the NLRB had one final chance to save its mandate. The Board had until January 2 to ask the Supreme Court to take up the case and potentially overturn the lower court’s ruling. It missed that deadline. This is a big win over the over-active Board, and we greatly appreciate your support throughout the long judicial proceedings.

This victory is a great example of the results that coordinated efforts can produce through strategic and well-funded legal action.

NAW has just joined with the International Foodservice Distributors Association in filing an amicus brief in a case challenging a Louisiana state excise tax.  In the case, NAW-member McLane challenged a Louisiana law that imposes a higher excise tax on out-of-state distributors of tobacco products than is imposed on in-state distributors, arguing that the tax is unconstitutional and violates the Commerce Clause.  NAW’s amicus brief supports McLane’s petition for certiorari since the case has implications for the entire distribution industry as a similar unfair tax regime could be imposed on the products that NAHAD members distribute.  You can read NAW’s amicus brief here.

NAM’s new Manufacturers’ Center for Legal Action (MCLA) is well-positioned to take on future legal challenges. The MCLA is building on the victory in the NLRB case through a challenge to a similar poster requirement that targets federal contractors. NAM is evaluating challenges to a variety of regulations coming from the Occupational Safety and Health Administration, Department of Labor, Environmental Protection Agency and Securities and Exchange Commission. NAHAD members wishing to support NAM’s legal efforts to push back against regulatory overreach may click here.

NAHAD is a member association of NAW and NAM, as well as numerous industry coalitions working to protect members from damaging and disruptive legislative and regulatory burdens.  


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