A federal appeals court struck down the rule in May, calling it an overreach by the NLRB.
The Chamber does worry, however, about over-zealous enforcement actions taken by the board. That enforcement, Johnson said, makes up “the base of the pyramid of the regulatory area.”
He cited situations where the NLRB has gone after businesses over requirements that workers show “courtesy” in their jobs and that they be prevented from wearing T-shirts that mimic prison uniforms.
In those instances, the board has expanded their interpretation of the law “to ridiculous situations and you to wonder what is in their mind that they can't find legitimate situations to go after,” he said.