U.S. Court of Appeals for the Second Circuit

Case Status


Docket Number

Oral Argument Date

August 28, 2017


Case Updates

Second Circuit denies enforcement of NLRB bargaining order

June 04, 2018

Click here to view the opinion.

U.S. Chamber urges Second Circuit to overturn NLRB bargaining order

January 24, 2017

The U.S. Chamber filed an amicus brief urging the Second Circuit to overturn a National Labor Relations Board (“NLRB”) decision that infringes the free speech rights of employers. The brief argues that the NLRB’s imposition of a bargaining order overriding election results, based in significant part on protected, non-threatening speech by the employer, violates longstanding precedent and could have a chilling effect on other employers’ free speech rights.

This brief was filed jointly with the Coalition for a Democratic Workplace.

Maurice Baskin of Littler Mendelson, P.C. served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents