National Labor Relations Board (NLRB)

Are Obama's NLRB Appointments Constitutional?

NLRB logoRepublican objections to President Obama's temporary appointments last week to the National Labor Relations Board (NLRB) haven't been unexpected. The board, by law, must consist of three members of one major party and two of the other. And so long as he remains in the White House, Democrats will enjoy an automatic majority. But at least two appointments may also be unconstitutional, say critics. That's because the president's referrals to the Senate of the two Democratic nominees, Sharon Block and Richard Griffin, were made during a period in which senators were not on official recess.

Top Ten Union Corruption Stories of the Year

Top Ten logoUnions for many years have been a highly reliable segment of the Democratic Party Left. Yet this perhaps no more was this true than in 2011 - and with good reason. The year began with the Republicans holding a nearly 50-seat edge in the House of Representatives following the GOP's smashing wins in the November 2010 midterm elections. Avoiding legislative process became a top priority for organized labor.

NLRB Approves Pro-Union "Ambush Election" Final Rule

NLRB logoIf the Democratic-majority National Labor Relations Board (NLRB) under the Obama administration has become a de facto union law firm, then its proposed rule mandating "fast-track" or "ambush" elections loomed as its crowning achievement. Two days ago, on Tuesday, December 20, that proposal became final. By a 2-to-1 margin, the board approved a regulation it had unveiled this June ostensibly to speed up union representation election campaigns and avoid frivolous litigation.

NLRB Drops Complaint against Boeing; Unions May Be the Real Winner

Boeing plant photoWhen Boeing Co. two years ago announced plans to open a plant in South Carolina to assemble many of its 787 Dreamliner commercial jets, the decision triggered an outcry by the International Association of Machinists. The IAM's unofficial partner, the National Labor Relations Board (NLRB), filed a complaint against the company this April to block its opening of the facility, located in a Right to Work state. Last Friday, December 9, the board dropped its action. With the plant up and running for a half year, Boeing won a "victory" -- so says CNN. Or did it?

House Overrides NLRB's Ambush-Election, Micro-Union Positions

John Kline photoFor organized labor, the National Labor Relations Board (NLRB) during the Obama years has become a de facto legislative body, issuing rules and rulings to give unions extra advantages in organizing and bargaining that Congress won't enact. Not surprisingly, union officials are dismayed over a vote in Congress last week to block a proposed NLRB regulation to shorten the time frame for holding representation elections and a board ruling expanding the leeway for forming workplace "micro-unions." Last Wednesday, on November 30, the House of Representatives by 235-188 passed the Workforce Democracy and Fairness Act (H.R. 3094), which, among other things, would counteract a "quickie" or "ambush" election rule unveiled by the NLRB in mid-year. Meanwhile, the Senate has come out with a similar bill focusing on the micro-union issue. 

Sen. Hatch Seeks Answers from NLRB's Becker on SEIU Manual

Becker photoIt's almost given that a Democratic member of the National Labor Relations Board (NLRB) has at least some background as a union lawyer. Craig Becker, who long had been associate general counsel for the Service Employees International Union (SEIU) before obtaining a recess appointment to the board by President Obama in March 2010 following a Senate GOP filibuster, fits the pattern. But he also may have gone that extra mile, helping to prepare an SEIU manual on how to intimidate employers. Sen. Orrin Hatch, R-Utah, wants to know more. On September 12, Hatch wrote a letter to Becker asking him to clarify what role he had, if any, in drafting the document. As Becker is up for Senate approval for a full-term appointment to the (normally) five-member NLRB, his response - or lack of it - may affect the course of board rulings for years to come.

Union Lawyers Justify Buffalo Operating Engineers Violence

Operating engineersLabor unions in this country for nearly four decades have operated with a grant of near-immunity from the consequences of intimidating employers and non-joining workers or destroying their property. An ongoing federal racketeering and extortion case against upstate New York's International Union of Operating Engineers (IUOE) Local 17 is underscoring how readily union attorneys rationalize their clients' "right" to terrorize. The case has taken on an added significance in light of legislation recently introduced to close this loophole, a product of a misguided Supreme Court ruling. Even more noteworthy, one of the attorneys for the local is a former law partner of Mark Pearce, the latter recently becoming chairman of the National Labor Relations Board (NLRB). It's a small world.

Sen. Hatch Unveils Employee Rights Act to Reform Labor Law

Hatch photoIt's been more than 50 years since Congress passed a major piece of legislation to curb union privileges. Sen. Orrin Hatch, R-Utah (see photo), thinks that's far too long. On August 2, Sen. Hatch, a member of the Senate Committee on Health, Education, Labor and Pensions, along with freshman Rep. Tim Scott, R-S.C., introduced a far-reaching reform bill, the Employee Rights Act (H.R. 2810, S. 1507), to align labor law with emerging workplace realities of a market economy. The bill would shield individual workers from the arbitrary power of union leaders, long accustomed to equating their own interests with those of American workers as a whole. Hatch admitted that passage won't be easy. "I fully expect the unions and their supporters to come out against to Employee Rights Act, and characterize it as a radical, anti-union bill."

NLRB Rule Would Burden Employers with Fast-Track Union Elections

Trumka photoUnion leaders, frustrated over their inability to sway Congress, more than ever are relying upon the National Labor Relations Board to enact stealth legislation. The board, now with a Democratic majority, seems willing to oblige them. Case in point: an NLRB proposal announced last Tuesday, June 21, and published in the Federal Register the next day, to substantially reduce the duration of election campaigns for union representation. While the board touts the regulation as an overdue streamlining of an inefficient system, its covert motive, say critics, is to hamstring employer opposition.

NLRB's Boeing Decision Sparks Senate Response

Boeing DreamlinerThe decision last month by the National Labor Relations Board (NLRB) to side with a union trying to block Boeing Co. from operating in South Carolina has entered a new stage: the U.S. Senate. And the implications extend far beyond South Carolina. Last week, on May 12, Senators Jim DeMint, R-S.C., Lindsey Graham, R-S.C., and Lamar Alexander, R-Tenn., introduced a bill, the Job Protection Act (S. 964), to bar the board from overriding an employer's decision to site a facility in a particular state. The measure, which has at least 34 co-sponsors, is a rebuke to NLRB Acting General Counsel Lafe Solomon's complaint against Boeing on April 20 that the company had acted unfairly against the International Association of Machinists and Aerospace Workers (IAM) in opening a facility near Charleston, S.C. to build its planned "787 Dreamliner" jet.

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