DOL Defends Posting Requirements Against Challenge From Contractors

This week the Department of Labor (DOL) defended its rule requiring federal contractors to post notices informing employees of their right to unionize.  The National Association of Manufacturers (NAM) and the Virginia Manufacturers Association have brought a challenge to the rule in federal court based upon statutory and First Amendment grounds.

In its opposition to NAM's motion for summary judgment, the DOL rejected NAM's contention that the notices constitute "compelled speech" interfering with federal contractors' First Amendment Rights.  Instead, DOL argued, "[i]f plaintiffs do not like the terms of doing business with the federal government, their recourse is to decline the government's money."  In addition, DOL argued that the notices promote a more efficient employment environment by preventing labor unrest.