Labor law

A federal judge ruled Friday that the National Labor Relations Board can require most private businesses to put up posters telling workers they have a right to form a union.

The posters, to be displayed effective April 30, explain workers' rights to bargain collectively, distribute union literature and engage in other union activities without fear of reprisal. They also explain that workers have a right to not join a union.

The National Right to Work Legal Defense Foundation, which filed the lawsuit in conjunction with the National Federation of Independent Business, says the ruling means that if an employer fails to post the notice, he can be found to have committed an unfair labor practice and that can be used as evidence of "anti-union animus" in other cases.

Of course workers have a right to unionize.

The more important question is whether the pro-union NLRB is thus allowed to impose some speech on employers, while restricting some part of their accompanying right to speak as they please, both being violations of the First Amendment.

"Nothing in the notice posting suggests that employers favor collective bargaining activities, and nothing in the regulation restricts what the employers may say about the board's policies," U.S. District Judge Amy Berman Jackson said.

Really?

If you don't believe this ruling also has the effect of limiting speech -- that the NLRB won't object to their poster being displayed next to an even larger poster detailing the disadvantages of union membership -- please turn in your "E" ticket and depart Fantasyland immediately.

"We are concerned that this decision will encourage frivolous lawsuits by unions against small business owners who refuse to comply," said Karen Harned, an executive director of the National Federation of Independent Business, which challenged the rule.

The National Right to Work Foundation plans to appeal the court's decision. Good.