Where the Boeing Controversy Was Born
The Wall Street Journal's editorial page connects the dots to discover that the NLRB's complaint against Boeing and companies moving to Right to Work states is not the actions of a rouge General Counsel but the suggestion of the Chairman of the Committee Wilma Liebman.
The Obama-era National Labor Relations Board has tilted so heavily toward union interests that companies might be forgiven for thinking the process is rigged against them. A recent missive from one of the agency's top lawyers shows why.
In a May 10 memo to regional staffers, Associate General Counsel Richard Siegel discusses a March case in which the NLRB sided with telecommunications company Embarq Corp. in a dispute over its decision to close a Las Vegas call center and open a bigger facility in Florida. The company refused to explain to its union the rationale for the move. In America, business decisions are made by owners or executives and are rarely subject to compulsory bargaining, while unions confine their concerns to working conditions, pay and benefits.
NLRB Chairwoman Wilma Liebman, a long-time union lawyer, doesn't like that balance. "The Board's task would be easier, and more importantly, the [National Labor Relations] Act's policy of promoting collective bargaining might well be better served, if employers were required to provide unions with requested information about relocation decisions whenever there was a reasonable likelihood that labor-cost concessions might affect the decision," she wrote in her concurrence to the Embarq case.
Translation: Ms. Liebman wants to force far more companies to consult unions when they want to relocate, because unions might theoretically be able to offer concessions to avert a move if they had more information. Never mind that such a rule change would be an unprecedented intrusion into boardrooms, or that unions might use collective bargaining to request reams of data, such as payrolls and tax returns, to increase their negotiating leverage. In a "future case," Ms. Liebman added, "I would be open to modifying" the rule. Wink, nudge.
