Obama NLRB Actions

Obama NLRB Actions "Unconstitutional"

Roger Pilon, a constitutional scholar from the CATO Institute, makes a compelling case that President Obama's outrageous appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau are unconstitutional: All of Obama’s appointments yesterday are illegal under the Constitution. And, in addition, as too little noted by the media, his appointment of Richard Cordray to head the Consumer Financial Protection Bureau (CFPB) is legally futile. Under the plain language of the Dodd-Frank Act that created the CFPB, Cordray will have no authority whatsoever. Yesterday, Professors John Yoo and Richard Epstein, writing separately, made it crystal clear that the president, under Article II, section 2, may make temporary recess appointments, but only when the Senate is in recess. Add in Article I, section 5, and it’s plain that the Senate is presently not in recess, just as it wasn’t under Senate Democrats when George W. Bush wanted to make recess appointments. The difference here is that Bush respected those constitutional provisions while Obama — never a constitutional law professor but only a part-time instructor – ignores them as politically inconvenient. Attempts by Obama’s apologists to say the Senate is not in session are pure sophistry and, in the case of Harry Reid, rank hypocrisy, as this morning’s Wall Street Journal brings out. But clear beyond the slightest doubt is the language of the statute (itself unconstitutional on any number of grounds not relevant here). As my colleague Mark Calabria wrote yesterday, “authorities under the Act remain with the Treasury Secretary until the Director is ‘confirmed by the Senate.’”  A recess appointment, even if it were constitutional, is not a Senate confirmation. There is simply no wiggle room in that language that gives Cordray any authority, as litigation will soon make plain.

Lafe Solomon 'Did What IAM Bosses Told Him To'

Lafe Solomon 'Did What IAM Bosses Told Him To'

E-mails Reveal Why Top NLRB Lawyer 'Screwed up the U.S. Economy' Internal NLRB e-mails show Lafe Solomon (pictured) was disinclined this March to target Boeing for expanding production in Right to Work South Carolina. Then IAM union chiefs, led by Tom Buffenbarger, apparently got to him. Credit: AP/Bruce Smith (Source:  November-December 2011 National Right to Work Committee Newsletter) This April 20, Acting National Labor Relations Board (NLRB) General Counsel Lafe Solomon ignited a public-policy firestorm by filing a complaint against Boeing for initiating a second Dreamliner 787 aircraft production line in Right to Work South Carolina. In several public statements, Boeing executives had made no bones about the fact that their decision to expand in a Right to Work state was prompted largely by their desire to avoid or at least mitigate multi-billion-dollar revenue losses stemming from disruptive strikes. Agreeing with International Association of Machinists (IAM/AFL-CIO) union kingpins who had repeatedly ordered employees at Boeing's west coast facilities out on strike, Mr. Solomon claimed these statements showed Boeing was motivated by "anti-union animus." Consequently, the South Carolina expansion was illegal, declared Mr. Solomon. Mr. Solomon's complaint asked an NLRB administrative law judge to stop Boeing's South Carolina production. Former Clinton-Appointed NLRB Chairman: Boeing Complaint Didn't 'Make Sense'

Lafe Solomon 'Did What IAM Bosses Told Him To'

Lafe Solomon 'Did What IAM Bosses Told Him To'

E-mails Reveal Why Top NLRB Lawyer 'Screwed up the U.S. Economy' Internal NLRB e-mails show Lafe Solomon (pictured) was disinclined this March to target Boeing for expanding production in Right to Work South Carolina. Then IAM union chiefs, led by Tom Buffenbarger, apparently got to him. Credit: AP/Bruce Smith (Source:  November-December 2011 National Right to Work Committee Newsletter) This April 20, Acting National Labor Relations Board (NLRB) General Counsel Lafe Solomon ignited a public-policy firestorm by filing a complaint against Boeing for initiating a second Dreamliner 787 aircraft production line in Right to Work South Carolina. In several public statements, Boeing executives had made no bones about the fact that their decision to expand in a Right to Work state was prompted largely by their desire to avoid or at least mitigate multi-billion-dollar revenue losses stemming from disruptive strikes. Agreeing with International Association of Machinists (IAM/AFL-CIO) union kingpins who had repeatedly ordered employees at Boeing's west coast facilities out on strike, Mr. Solomon claimed these statements showed Boeing was motivated by "anti-union animus." Consequently, the South Carolina expansion was illegal, declared Mr. Solomon. Mr. Solomon's complaint asked an NLRB administrative law judge to stop Boeing's South Carolina production. Former Clinton-Appointed NLRB Chairman: Boeing Complaint Didn't 'Make Sense'

NLRB's Boeing Sham

NLRB's Boeing Sham

The Wall Street Journal looks at the political decision to file a complaint against Boeing and the political decision to withdraw it: What a sham, or scam, or choose a synonym. On Wednesday, the International Association of Machinists approved a new contract with Boeing in which the company agreed to make its 737 Max jet with union labor in Washington state. Yesterday, after getting the machinist all-clear, the National Labor Relations Board (NLRB) dropped its lawsuit against Boeing's investment in South Carolina. Has there ever been a more blatant case of a supposedly independent agency siding with a union over management in collective bargaining? Boeing says the new contract wasn't tied directly to a settlement of the NLRB complaint, and that it always made sense to build the 737 Max in Renton, Washington because its work force has experience on the current 737 and offers natural efficiencies. But it's hard to resist the conclusion that Boeing felt obliged to make the agreement to save its more than $1 billion investment in South Carolina, where it is building 787s. Boeing might have won a legal battle in the end, but first it would have to run through an administrative law judge, then the politicized and Obama-stacked NLRB, and only then would it get to an appellate court. Meanwhile, its investment was in jeopardy and its legal bill was rising.

NLRB's Boeing Sham

NLRB's Boeing Sham

The Wall Street Journal looks at the political decision to file a complaint against Boeing and the political decision to withdraw it: What a sham, or scam, or choose a synonym. On Wednesday, the International Association of Machinists approved a new contract with Boeing in which the company agreed to make its 737 Max jet with union labor in Washington state. Yesterday, after getting the machinist all-clear, the National Labor Relations Board (NLRB) dropped its lawsuit against Boeing's investment in South Carolina. Has there ever been a more blatant case of a supposedly independent agency siding with a union over management in collective bargaining? Boeing says the new contract wasn't tied directly to a settlement of the NLRB complaint, and that it always made sense to build the 737 Max in Renton, Washington because its work force has experience on the current 737 and offers natural efficiencies. But it's hard to resist the conclusion that Boeing felt obliged to make the agreement to save its more than $1 billion investment in South Carolina, where it is building 787s. Boeing might have won a legal battle in the end, but first it would have to run through an administrative law judge, then the politicized and Obama-stacked NLRB, and only then would it get to an appellate court. Meanwhile, its investment was in jeopardy and its legal bill was rising.