NC Court Green Lights Big Labor, Okays Violating Workers' Privacy

NC Court Green Lights Big Labor, Okays Violating Workers' Privacy

"There is no legitimate purpose of labor law served by making a criminal who maliciously discloses someone's name and social security number together to intimidate that person into joining or not joining a union liable to only a wrist slap at most. Especially when a perpetrator of the same offense with any other motive faces a multi-thousand-dollar fine for every count. "The court ruling that ITPA violations by union bosses are preempted by the NLRA is, therefore, preposterous. "But ID theft need not become yet another, to borrow the words of eminent 20th Century American legal scholar Roscoe Pound, 'wrong' labor unions and their officials may 'commit to person and property . . . with impunity.' "In an essay penned back in 1958, this former Harvard School of law dean observed that labor union officials 'now stand where the king . . . stood at common law.' "Over the past five-and-a-half decades, Big Labor has acquired even more legal immunities. But Fisher could prove to be a great opportunity to begin rolling back court-created union special privileges."

Mr. President, Follow the Law

Mr. President, Follow the Law

The Washington Times takes the president and the NLRB to task for ignoring a recent appeals court decision invalidating the president's appointments to the board: When the Constitution puts a limitation on executive authority, the president can’t just ignore it for the sake of convenience. That message was delivered forcefully on Friday in a decision by the U.S. Court of Appeals for the District of Columbia Circuit. A unanimous three-judge panel declared unlawful President Obama’s installation of three appointees to the National Labor Relations Board while the Senate was in session. The president is compounding his disregard for the Constitution by thumbing his nose at this well-reasoned decision. The nation’s founding document grants the president authority to “fill up all Vacancies that may happen during the Recess of the Senate.” The appellate panel’s ruling points out the use of “the Recess” as opposed to “a recess” or “an adjournment” was not accidental. The term refers to the long break between congressional sessions in which it makes sense for the president to make an interim appointment because the Senate is not available to provide its advice and consent. In his ruling, Chief Judge David B. Sentelle refused to accept novel interpretations meant to expand the appointment authority, saying, “We will not do violence to the Constitution by ignoring the Framers’ choice of words.” Desperate to stack the National Labor Relations Board with Big Labor cronies, the White House refused to allow an old piece of parchment get in the way. On Jan. 4, 2012, Mr. Obama made the appointments even though the Senate was conducting “pro forma” business and the House of Representatives purposely chose to remain in session to thwart the potential recess appointments. Administration lawyers argued before the court that the president, not Congress, had the ultimate power to decide when the Congress was in session. Under this interpretation, Senate participation in the nomination process would be converted from a check and balance on the executive to an empty formality.

Teamsters Argue Against Obama Recess Appointment Fight

Teamsters Argue Against Obama Recess Appointment Fight

When President Obama appointed members to the National Labor Relations Board when Congress was in session, he violated the Constitution and the National Right to Work Legal Foundation went right to work.  We filed a lawsuit in federal court and from the initial oral arguments, things went well.  Interesting, we have a new ally in the fight -- an Oklahoma local of the Teamsters union: An Oklahoma local of the Teamsters Union is disputing recess appointments to the National Labor Relations Board (NLRB), charging that recess appointments were made while the U.S. Senate was not in recess, according to legal documents obtained by The Daily Caller. “The union disputes that the board is properly and sufficiently constituted, as ‘recess’ appointments (to NLRB) were made when there was no recess,” according to a Dec. 12, 2012 affidavit signed by Teamsters Local 523 President Gary Ketchum.

NLRB Tips Scales of Justice

NLRB Tips Scales of Justice

A new congressional report has determined that the National Labor Relations Board has abandoned its role as an impartial arbitrator and has become an aggressive advocate for big labor: The National Labor Relations Board -- the federal agency tasked with protecting employees from unfair management or union practices -- has become a biased advocate for big labor, according to a newly released congressional report. The blunt assessment was offered in a staff report released Thursday by Rep. Darrell Issa, R-Calif., chairman of the House Committee on Government Oversight and Reform. "The NLRB is supposed to be a fair and neutral arbitrator. It's supposed to have a firewall between the judges, if you will, and representatives, as a plaintiff," Issa told Fox News. "Just the opposite is the case." The NLRB is designed much like an appeals court. The general counsel serves in a prosecutor-like role, and the five-member board acts as the jury. As in a court of law, rules forbid the two from communicating about pending cases. But NLRB emails turned over to the committee under force of subpoena reveal many such  ex-parte communications, some of them dealing with the challenge to Boeing's decision to build a non-union assembly plant in South Carolina to augment production of the highly sought-after 787 Dreamliner. In one email obtained by the committee, the associate general counsel of the NLRB, Barry Kearney, praised a union press release about the Boeing case, stating, "hooray for the red, white, and blue." In another email, reacting to Boeing's intention to fight the complaint, an NLRB attorney wrote