Builders Group Loses Appeal Over Biden-era Captive Audience Memo

A construction industry group lacked legal standing to challenge a Biden-era National Labor Relations Board enforcement policy targeting employers’ mandatory anti-union meetings, the Sixth Circuit ruled.

Associated Builders and Contractors of Michigan didn’t show their members were harmed by a threat of enforcement that would chill their free speech rights, the US Court of Appeals for the Sixth Circuit held Thursday in an unpublished opinion.

“ABC Michigan did not sufficiently allege that its members intended to engage in expression arguably protected by the First Amendment,” Judge David McKeague, a George W. Bush appointee, wrote. “Specifically, the complaint failed to establish ...