Just one of many examples that Michigan is on the right track to encouraging development and job growth while the central planners in the Obama Administration are clueless: While the federal government’s attempt to force employers to post a notice of “employee rights to join a union” is in legal limbo, Michigan employers can now download and post a “Freedom to Work” poster that makes it clear than employees cannot be forced into joining a union as a condition for keeping their job. Some of you might remember the fight over the National Labor Relations Board (NLRB) decision to require employers to post employee rights to join a union back in 2012. The rule, which had been scheduled to take effect on April 30, 2012, has been the subject of subsequent court action including a lawsuit by the National Federation of Independent Business (NFIB) to block its implementation. On January 25, of this year, the DC Circuit Court of Appeals ruled that President Obama overstepped his authority when he appointed members to the NLRB during a Senate recess in January 2012. This means the NLRB decisions for the last year were invalid, and also calls into question earlier recess appointments, including one that would make the NLRB poster ruling invalid because the board would not have had a quorum at that time, either. As a result, the requirement to post the notice advising employees of their right to join a union remains on hold. The court’s ruling is expected to be appealed to the U.S. Supreme Court. In the meantime, employers in Michigan can download a poster from the Department of Licensing and Regulatory Affairs (LARA), Bureau of Employment Relations that explains Michigan’s new Freedom to Work law. The poster informs employees that an individual shall not be required to join a union as a condition of obtaining or continuing employment and that an employee or any other person shall not by force, intimidation or unlawful threats compel or attempt to compel any person to join a union. You can download a copy of the poster HERE.
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