Presidential Power Abused at Big Labor's Behest

Presidential Power Abused at Big Labor's Behest

Right to Work Fights Back Against 'Illegal' NLRB Appointments (source: National Right To Work Committee February 2012 Newsletter) Under Article II, Section 2 of the U.S. Constitution, the President has the power to appoint "officers of the United States," but only "by and with the advice and consent of the Senate." The Constitution makes it clear that only in cases when "vacancies . . . happen during recesses of the Senate" may the President make temporary "recess" appointments to offices that normally require confirmation by Congress's upper chamber. Unfortunately, in his eagerness to please union officials Inside the D.C. Beltway, a tiny but crucial constituency for his re-election bid this year, Democratic President Barack Obama is now seeking to render the Constitution's "advice and consent" requirement for executive appointments effectively meaningless. Early this January, the Senate was not in recess. For several weeks starting last December 20, the Senate was instead in a "pro forma" session during which it did not meet every day, but did periodically conduct business under "unanimous consent" agreements. No one can reasonably argue that this "pro forma" session was tantamount to a recess. Article I, Section 5 of the Constitution states that neither the House nor the Senate may over the course of a Congress "adjourn for more than three days" without "the consent of the other." A La Humpty Dumpty, Mr. Obama Insists 'Recess' Means Whatever He Says It Means As syndicated columnist Michael Barone has explained: "The House did not consent to the adjournment of the Senate this year, so there is no recess, and hence no constitutional authority to make recess appointments."

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

NLRB Update - "Obama Labor Board Kills Important Secret Ballot Precedent"

[stream provider=youtube flv=x:/youtu.be/lxElDWlj2_E img=x:/nrtwc.org/wp-content/uploads/2011/08/201107-Lamons-Gasket-Final.jpg embed=false share=false width=580 height=280 dock=true controlbar=over bandwidth=high autostart=false /]] From the National Right To Legal Defense Foundation who represented the employees at Lamons Gasket and who secured the "Dana Rights" for employees against Card Check Forced Unionism until the Obama NLRB took them away with this decision: Obama Labor Board Kills Important Secret Ballot Precedent Worker advocate denounces NLRB’s ruling to take away protection workers have against card check forced unionism Washington, DC (August 30, 2011) – Today, Barack Obama’s National Labor Relations Board (NLRB) overturned its Dana Corp. decision, in which National Right to Work Foundation attorneys secured for employees the right to challenge union card check organizing campaigns with a secret ballot vote. Under the Foundation-won Dana decision, workers may collect signatures to request a secret ballot election during a 45-day window period following notice that their employer has recognized a union based on a card check organizing drive. The ruling is intended to counteract coercive practices frequently associated with card check, which allow organizers to bully or mislead employees into signing cards that count as “votes” toward unionization. The NLRB overturned Dana just as President Obama-appointed NLRB Chairwoman Wilma Liebman’s term expired. Meanwhile, Obama-appointed Board Member Craig Becker, who co-authored a union brief in the original Dana case, refused to recuse himself from the case. Becker, a recess nominee, faces bi-partisan opposition to his confirmation in the U.S. Senate. One Board Member, Bryan Hayes, vigorously dissented and called the ruling a blatant roll back of employee freedom. Any decertification votes that have been cast but not counted by the NLRB will now be discounted, thereby invalidating the voice of thousands of workers nationwide. The National Right to Work Legal Defense Foundation is a charitable organization that provides free legal assistance to employees nationwide. The Foundation is providing free legal aid in both the original Dana case and in the newly-decided Lamons Gasket case in which the Board overturned the Dana protections. Mark Mix, President of the National Right to Work Foundation made the following statement regarding the ruling: “The Obama Labor Board’s ruling to kill the Dana Corp. precedent that allows workers a secret ballot vote to kick out a union that gained control of the workplace in an abusive ‘card check’ campaign adds to an already exhaustive list of paybacks from the Obama Administration to Big Labor.

NLRB Update - "Obama Labor Board Kills Important Secret Ballot Precedent"

[stream provider=youtube flv=x:/youtu.be/lxElDWlj2_E img=x:/nrtwc.org/wp-content/uploads/2011/08/201107-Lamons-Gasket-Final.jpg embed=false share=false width=580 height=280 dock=true controlbar=over bandwidth=high autostart=false /]] From the National Right To Legal Defense Foundation who represented the employees at Lamons Gasket and who secured the "Dana Rights" for employees against Card Check Forced Unionism until the Obama NLRB took them away with this decision: Obama Labor Board Kills Important Secret Ballot Precedent Worker advocate denounces NLRB’s ruling to take away protection workers have against card check forced unionism Washington, DC (August 30, 2011) – Today, Barack Obama’s National Labor Relations Board (NLRB) overturned its Dana Corp. decision, in which National Right to Work Foundation attorneys secured for employees the right to challenge union card check organizing campaigns with a secret ballot vote. Under the Foundation-won Dana decision, workers may collect signatures to request a secret ballot election during a 45-day window period following notice that their employer has recognized a union based on a card check organizing drive. The ruling is intended to counteract coercive practices frequently associated with card check, which allow organizers to bully or mislead employees into signing cards that count as “votes” toward unionization. The NLRB overturned Dana just as President Obama-appointed NLRB Chairwoman Wilma Liebman’s term expired. Meanwhile, Obama-appointed Board Member Craig Becker, who co-authored a union brief in the original Dana case, refused to recuse himself from the case. Becker, a recess nominee, faces bi-partisan opposition to his confirmation in the U.S. Senate. One Board Member, Bryan Hayes, vigorously dissented and called the ruling a blatant roll back of employee freedom. Any decertification votes that have been cast but not counted by the NLRB will now be discounted, thereby invalidating the voice of thousands of workers nationwide. The National Right to Work Legal Defense Foundation is a charitable organization that provides free legal assistance to employees nationwide. The Foundation is providing free legal aid in both the original Dana case and in the newly-decided Lamons Gasket case in which the Board overturned the Dana protections. Mark Mix, President of the National Right to Work Foundation made the following statement regarding the ruling: “The Obama Labor Board’s ruling to kill the Dana Corp. precedent that allows workers a secret ballot vote to kick out a union that gained control of the workplace in an abusive ‘card check’ campaign adds to an already exhaustive list of paybacks from the Obama Administration to Big Labor.

AFL-CIO President Applauds Obama Bureaucrats

AFL-CIO President Applauds Obama Bureaucrats

Subscribe to The National Right to Work Committee® by Email Kudos Go to NLRB Members For 'Encouraging' Monopolistic Unionism The four current members of the powerful National Labor Relations Board (NLRB), all appointed or reappointed by President Barack Obama, are poised to make a series of major decisions expanding forced unionism over the next few months. Richard Trumka, president of the AFL-CIO union conglomerate, is licking his chops at this prospect -- and it's no mystery why he and other union kingpins are eager to see the Obama NLRB reinvent the federal rules for unionization campaigns. Chairman Wilma Liebman, an NLRB veteran first appointed to the agency in 1997 by then-President Bill Clinton and elevated to the leadership position by Mr. Obama in 2009, is an ex-Teamster union lawyer. And Obama appointees Craig Becker and Mark Pearce both come out of union legal ranks. More important, Ms. Liebman, Mr. Becker, and Mr. Pearce have all already demonstrated a willingness to go well beyond the pro-forced unionism letter of federal labor law to make it as difficult as they can for independent employees and businesses to avoid union monopoly control. Federal Labor Law Itself Tramples Freedom of Independent-Minded Workers Only one current NLRB member, former GOP Senate staffer Brian Hayes, has shown any real reluctance to rewrite the provisions of the National Labor Relations Act (NLRA) whenever they turn out to be inconvenient for union organizers. But Mr. Hayes is evidently destined to be perpetually outvoted by the three forced-unionism zealots who now sit with him on the Board. (The fifth NLRB seat remains vacant as this month's Right to Work Newsletter goes to press.)

Obama NLRB to Ignore Mid-Term Election Results; intends to backdoor 'Card Check'

Obama NLRB to Ignore Mid-Term Election Results; intends to backdoor 'Card Check'

(Source: December 2010 NRTWC Newsletter) Independent Workers, Firms Face 'Card-Check Lite' Implementation It's been more than a century since Mr. Dooley, the immortal comic character created by Chicago-based journalist Finley Peter Dunne, opined that "th' Supreme Coort follows th' election returns." In the High Court's consideration of controversial legal cases over the years, it often really has seemed that majorities of unelected justices were reluctant, for good or ill, to ignore recent electoral results. But Mr. Dooley's adage doesn't appear to have made any impression whatsoever on the forced-unionism zealots who now hold all but one of the four occupied seats on the powerful National Labor Relations Board, or NLRB. (The fifth NLRB seat has been vacant for several months.) Despite the fact that voters in the November 2 general elections sent a clear message they oppose the imposition of new federal policies to help Organized Labor increase the share of workers who are under union monopoly-bargaining control, the Obama NLRB is signaling that is exactly what it intends to do.