NLRB's chief lawyer should stop obstructing Congress

NLRB's chief lawyer should stop obstructing Congress

Peter Schaumber, the former chairman of the National Labor Relations Board, is urging the current NLRB to stop stonewalling Congress with regard to their efforts to punish Boeing and Right to Work States: “House Oversight and Government Reform Committee Chairman Darrell Issa of California needs to resolve the impasse over requested Boeing documents with Lafe Solomon, the acting general counsel of the National Labor Relations Board. Congress has a right to know now whether the Boeing complaint reflects benign poor judgment or an abuse of the agency's prosecutorial discretion. Already, we know the filing of this complaint is chilling business investment in the United States, and for good reason. Since mid-May, Solomon has by and large stonewalled the committee's request for pre-complaint documents relating to the Boeing complaint. After a series of unproductive letters, the committee finally issued a subpoena for the documents on Aug. 12. Tensions mounted recently when the agency was found to have deleted certain emails from the few pre-complaint documents it provided the committee. This action demonstrates a decided lack of seriousness in responding to the congressional subpoena. Does the acting general counsel believe his office is immune to oversight? The Supreme Court has long recognized that the power of Congress to investigate "with process to enforce it -- is an essential and appropriate auxiliary to the legislative function" (McGrain v. Daugherty). The fact that the agency is "independent" of the executive branch does not immunize it from congressional oversight; it makes legislative oversight all the more necessary.
Rouge NRLB Blocking Probe

Rouge NRLB Blocking Probe

House Government Oversight Committee Chairman Darrell Issa (R-CA) accused the National Labor Relations Board of being a “rogue agency” in a letter to its general counsel Monday. The chairman claimed the NLRB knowingly withheld damaging documents relating to his committee’s probe of the agency’s controversial Boeing complaint, the Investors Business Daily Reports: Issa was referring to a cache of emails obtained earlier this month by the watchdog group Judicial Watch through the Freedom of Information Act. He expressed anger that the emails were not turned over to his committee first and said the messages demonstrated the agency’s lack of impartiality. He further alleged that some of them contradicted claims NLRB staffers made as part of his committee’s probe. NLRB spokeswoman Nancy Cleland said the agency had not withheld the emails. She said that the committee’s requests and the FOIA requests that produced the emails were handled separately by different people and that caused confusion. “Because the documents were being produced on separate tracks, the Committee had not yet received some materials at the time they were provided to Judicial Watch. It is the Agency’s intent to provide those materials as part of its next, and fourth, delivery of documents later this week,” Cleland said in a statement to IBD, adding that in the future the committee requests will be given priority over FOIA requests. The 505 pages of emails do not contain especially startling revelations. For the most part, the NLRB staffers appear to be very circumspect in their messages to each other. There are several redacted sections, most citing FOIA exceptions for privacy and attorney work product. Nevertheless in several cases NLRB staffers do offer some personal commentary on the Boeing case and the effect is not unlike listening in at the watercooler. Those messages show the staff to be enthused at the prospect of bringing the aerospace giant to heel and disdainful of their critics on the case. At the time of the Boeing case, its chairwoman was Wilma Liebman, a former Teamsters lawyer. Obama had also appointed former Service Employees International Union lawyer Craig Becker to the five-member board. Only one board member was a Republican.“The unprecedented NLRB decision to attack Boeing seemed abusive on its face and cried out for further investigation. And we suspected it was done at the behest of union interests and not the public interest. The pro-union email traffic we uncovered confirm this,” said Judicial Watch President Tom Fitton, in an email to IBD. NLRB attorney, John Mantz, forwarded Willen a link to a Wall Street Journal op-ed by South Carolina Gov. Nikki Haley. The GOP governor was criticizing Obama and his “union-beholden appointees at the National Labor Relations Board” for launching “a direct assault on the 22 right-to-work states across America.”“Deb, have you seen this?” Mantz wrote. Willen didn’t apparently respond, but did forward the link to another attorney, Jayme Sophir, who gave a one-word response: “Ugh.”
Union Czar's Famous Boast Illuminates Today's State Fiscal Crises

Union Czar's Famous Boast Illuminates Today's State Fiscal Crises

'In a Sense,' We 'Elect Our Own Boss' (Source: May 2011 NRTWC Newsletter) An October 27, 1975 New York magazine feature article by journalist Ken Auletta examined the causes of the Big Apple's financial implosion that year. Three-and-a-half decades later, the article is still remembered for a remarkable quote from government union bigwig Victor Gotbaum. The then-head of the extraordinarily powerful, Manhattan-based District Council 37 of the American Federation of State, County and Municipal Employees (AFSCME) union had "recently remarked," the story reported: "We have the ability, in a sense, to elect our own boss." Mr. Gotbaum was alluding to the fact that, in jurisdictions like New York, where union monopoly bargaining over the pay, benefits, and working conditions of public servants is authorized by law, union bosses negotiate with government officials over such issues. At the same time, government union chiefs funnel a huge portion of the (often compulsory) dues and fees they collect from unionized workers into efforts to influence the outcomes of local and state elections. And the outcomes of those elections often determine who represents the public at the bargaining table. "In city after city and state after state, union bosses wield their privilege to force public employees to pay union dues, or be fired, to amass huge war chests, with which they support and oppose candidates for public office," explained National Right to Work Committee President Mark Mix. "Big Labor thus determines who sits on one side of the bargaining table, and heavily influences who sits on the other. It is a terrible conflict of interest, which Victor Gotbaum plainly recognized, even as he bragged about it.
Union Czar's Famous Boast Illuminates Today's State Fiscal Crises

Union Czar's Famous Boast Illuminates Today's State Fiscal Crises

'In a Sense,' We 'Elect Our Own Boss' (Source: May 2011 NRTWC Newsletter) An October 27, 1975 New York magazine feature article by journalist Ken Auletta examined the causes of the Big Apple's financial implosion that year. Three-and-a-half decades later, the article is still remembered for a remarkable quote from government union bigwig Victor Gotbaum. The then-head of the extraordinarily powerful, Manhattan-based District Council 37 of the American Federation of State, County and Municipal Employees (AFSCME) union had "recently remarked," the story reported: "We have the ability, in a sense, to elect our own boss." Mr. Gotbaum was alluding to the fact that, in jurisdictions like New York, where union monopoly bargaining over the pay, benefits, and working conditions of public servants is authorized by law, union bosses negotiate with government officials over such issues. At the same time, government union chiefs funnel a huge portion of the (often compulsory) dues and fees they collect from unionized workers into efforts to influence the outcomes of local and state elections. And the outcomes of those elections often determine who represents the public at the bargaining table. "In city after city and state after state, union bosses wield their privilege to force public employees to pay union dues, or be fired, to amass huge war chests, with which they support and oppose candidates for public office," explained National Right to Work Committee President Mark Mix. "Big Labor thus determines who sits on one side of the bargaining table, and heavily influences who sits on the other. It is a terrible conflict of interest, which Victor Gotbaum plainly recognized, even as he bragged about it.