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.”

U.S. Rep. Gowdy: NLRB continues to pursue an activist, politically motivated agenda thwarting economic recovery

U.S. Rep. Gowdy: NLRB continues to pursue an activist, politically motivated agenda thwarting economic recovery

From U.S. House Education & Workforce Committee press release: NLRB biasis a menaceto business When so many of our fellow citizens are looking for work and America is competing against other countries to land businesses, the National Labor Relations Board continues to pursue an activist, politically motivated agenda thwarting economic recovery and continuing to place our companies at a competitive disadvantage worldwide. Virtually everyone is familiar with the most glaring example of overreach and union pandering, which is the complaint against Boeing. Despite not a single example of job loss and despite not a single worker benefit in Washington State being lost, the NLRB sued Boeing seeking to have it close its South Carolina plant, displace the workers hired, and return the work to Washington State. That is Exhibit A in proving the NLRB has become a sycophant for Big Labor but is by no means the only piece of evidence. Currently, union elections take place on average within 31 days of the filing of an election petition. Additionally, unions are victorious more often than not when there is an election, but that is not good enough. Unions want more, so they persuaded the NLRB to propose sweeping changes to the election process, shifting the balance of power even further toward union seeking employees. By promoting "rush elections," and ruling that elections can take place in as little as 10 days, the board severely limits the opportunity for workers to hear all sides of the issue and make an informed decision. Additionally, employers would have only seven days to retain legal counsel and decipher the complex labyrinth of federal labor law before presenting their case before an NLRB hearing officer. House Education and the Workforce Committee Chairman John Kline smartly introduced H.R. 3094, the Workforce Democracy and Fairness Act, to level the playing field. This legislation requires no union election occur in less than 35 days, thus granting all parties the ability to present their arguments and ensuring workers have the ability to reach an informed decision.

Obama’s NLRB shredding of Democracy exposed in congressional hearing

Obama’s NLRB shredding of Democracy exposed in congressional hearing

As noted in a previous BigGovernment posting, the Obama NLRB has literally chosen to shred secret ballots and thus democracy in the workplace. In what clearly was a gift to Big Labor and its collusive agreements with certain employers, the NLRB took away the right for employees to have a secret ballot election immediately following a coercive union ‘card check’ drive. In addition, it retroactively took action and cancelled secret ballots that had already been cast or were set to be cast. Barbara Ivey of the forced unionism state of Oregon and her co-workers were victims of the totalitarian NLRB actions. On August 26th, as Big Labor Attorney and NLRB Chair Wilma Liebman’s term expired and she slinked back to her Big Labor law practice, the NLRB voted to repeal “DANA rights” in its Lamons Gasket decision. [stream provider=youtube flv=8Z1clf_gVI8 img=x:/nrtwc.org/wp-content/uploads/2011/09/iveyweb.jpg embed=false share=false width=350 height=260 dock=true controlbar=over bandwidth=high autostart=false /] Mrs. Ivey was invited by the Education & Workforce Committee to testify about her shock that the U.S. government took away her right to a secret ballot, especially since the NLRB had earlier said she had the right and had scheduled the vote only days after the fateful Lamons Gasket decision. She and her fellow employees never got a chance for a secret ballot to vote, and now she will be forced to pay tribute to an SEIU union boss in order to keep her job. The video above is taken from the Education & Workforce Committee hearing where the Obama NLRB usurpation of power and destruction of individual liberty is on display. Because of this decision numerous secret ballots that have already cast in workplaces across the country will never be counted. The ballots reportedly are currently stored at NLRB, then will eventually be shredded or disposed of in another manner. To borrow from the Wisconsin union thugs, “This is what DEMOCRACY looks like” in an Obama Administration!