NLRB  Overreach not Overlooked by House Education and Workforce Committee

NLRB Overreach not Overlooked by House Education and Workforce Committee

In their aggressive overreach to help the union bosses, the National Labor Relations Board has a devastating strong of courtroom losses that are putting them back into place.  The House Education and Workforce Committee looks at their grasp for more power: [Last] week, the Obama National Labor Relations Board (NLRB) suffered yet another defeat in federal court. On Monday, U.S. District Judge James Boasberg – appointed to the federal bench last year by President Obama – rejected the board’s recent ambush election rule. During the final days of 2011, the Obama labor board jammed through the regulatory process sweeping changes to long-standing rules governing union elections, changes that undermine employer free speech and worker free choice. As Education and the Workforce Committee Chairman John Kline noted: The Obama board’s rush to enact this rule before it loses its quorum confirms what my Republican colleagues and I have suspected all along – this board is not fighting for the best interests of our workforce, but instead is determined to advance an activist, pro-union agenda at any cost. Yet in their haste to adopt a flawed rule, board members Mark Pearce and Craig Becker neglected to follow the law. Citing Hollywood icon Woody Allen, Judge Boasberg writes: Eighty percent of life is just showing up. When it comes to satisfying a quorum requirement, though, showing up is even more important than that. Indeed, it is the only thing that matters – even when the quorum is constituted electronically. In this case, because no quorum ever existed for the pivotal vote in question, the Court must hold that the challenged rule is invalid. The decision represents a victory on behalf of workers and employers, and is hopefully not the last. As the Wall Street Journal noted, “Given the NLRB spectacle of the last three years, this probably won't be the only time the commission loses in court—or the only time that judges need to invoke Mr. Allen to describe its absurdity.”

Obama Bureaucrats Bolster Monopolistic Unionism

Obama Bureaucrats Bolster Monopolistic Unionism

Labor Board Chipping Away at 'Choice to Remain Unrepresented' Craig Becker has publicly lamented the fact that U.S. labor law does not "mandate" union monopoly bargaining. Credit: www.uncoverage.net (Source:  November-December 2011 National Right to Work Committee Newsletter) In his writings for academic and "labor studies" journals over the years, union lawyer Craig Becker has repeatedly bemoaned the fact that U.S. labor law "does not," as he once bluntly explained, "require employees in a plant to select a bargaining agent, if they do not want to." Employees' only choice, Mr. Becker has suggested time and again, should be over which set of union officials get "exclusive" (monopoly) bargaining power to negotiate their wages, benefits, and work rules. Thanks to President Barack Obama, Mr. Becker is in a position as 2011 winds down to begin implementing his extremist vision of what federal labor policy should be. In March 2010, Mr. Obama did the bidding of the union hierarchy by "recess" appointing Mr. Becker to the powerful National Labor Relations Board (NLRB). Mr. Becker and Chairman Mark Pearce, another ex-union lawyer installed on the NLRB by Mr. Obama, now constitute a radical Big Labor majority on a rump, three-member NLRB. (Two of the board's five seats are currently vacant.) And late this November Mr. Pearce and Mr. Becker okayed changes to the current procedures for NLRB certification of unions that will, in practice, significantly undermine workers' right to choose against monopolistic union representation. The Obama NLRB originally planned to go even further to gut workers' "choice to remain unrepresented" -- a choice Mr. Becker has indicated he doesn't think should be legally protected at all. But intense public opposition, mobilized by the National Right to Work Committee and other allied groups, evidently influenced the NLRB to temper its haste somewhat. Employers May Soon Be Forced To Hand Employee Phone Numbers, E-Mail Addresses to Union Dons