Obama Bureaucrats’ Pro-Forced Unionism Legacy Mostly
This winter, pro-Right to Work citizens across the country
are contacting the White House to urge President Donald Trump not to nominate a
radical proponent of coercive legal privileges for union officials to fill
either of the two current vacancies on the five-member National Labor Relations
During his successful campaign for a four-year term in the
White House, Mr. Trump pledged to support American employees’ Right to Work
across the board.
Four years ago this month, his campaign returned Mr. Trump’s
completed and signed Survey 2016 Presidential Questionnaire. He answered all
nine questions in the affirmative, including #4:
“If elected, will you nominate [NLRB] members . . . who are
committed to eliminating Ambush Elections, restoring workers’ right to
challenge union card check certification and reversing recent NLRB decisions
that have expanded union officials’ power over independent-minded workers?”
Extremist Obama Appointee Was Renominated in 2018
After Mr. Trump entered the Oval Office, he did in fact
appoint several new NLRB members who are now taking steps to reverse the
ill-disguised effort, finalized in April 2015, by the Obama NLRB to bolster
monopolistic unionism across America that is commonly, and aptly, labeled as
The Trump NLRB has also sought to undo some of the manifold
other power grabs against employees’ personal freedom carried out by the Obama
On the other hand, U.S. Senate Minority Leader Charles
Schumer (D-N.Y.) smooth-talked the White House in August 2018 into nominating
former Obama-selected NLRB Chairman Mark Pearce for another term on the
Fortunately, Majority Leader Mitch McConnell (R-Ky.), after
being contacted by Right to Work supporters across the country mobilized by the
Committee, refused to bring the Pearce nomination up for a U.S. Senate vote.
It died on January 3, 2019, at the conclusion of the 115th
Employees’ Phone Numbers, E-Mail Addresses Must Be Given
to Union Organizers
Mr. Pearce is a former Big Labor lawyer who, through his
NLRB years, rarely hesitated to wield his bureaucratic clout to push through
effective rewrites of federal law for the purpose of making it even easier for
union officials to corral workers into their organizations.
Specifically, as NLRB chairman during the Obama years, he
led the charge for Ambush Elections.
This scheme dramatically shortened the amount of time that
workers have to share information with one another about the possible ill
effects of unionization.
The Ambush Election rules even expressly allowed
unionization elections to occur when up to 20% of the workers casting ballots
might potentially be ineligible to vote!
“The forced-unionism cheerleaders who rubber-stamped Ambush
Elections actually claimed that it’s fair for federal bureaucrats to wait until
after a unionization ballot occurs to decide whose votes should count, and
whose shouldn’t,” said National Right to Work Committee President Mark Mix.
“But any nonpartisan observer could see that what Obama NLRB
appointees were really doing was empowering the agency’s union boss-‘friendly’
bureaucrats to manipulate the certification process to make it highly unlikely
a Big Labor unionization campaign would fail.”
Other provisions in the certification-campaign overhaul
mandated that employers hand over employee phone numbers, e-mail addresses, and
work schedules to union organizers within two days after an election was
Employers were required to hand over to union organizers the
personal information of all employees who might be unionized, including
employees who personally asked their employer not to do it.
Undoing NLRB Damage Takes a Great Deal of Resolve
At the beginning of the Trump presidency, millions of
freedom-loving Americans were hopeful that Ambush Elections and other egregious
expansions of Big Labor’s compulsory-unionism privileges perpetrated by the
Obama NLRB would be rolled back.
Right to Work Committee members were also hopeful. And in
2017 the Committee’s sister organization, the National Right to Work Legal
Defense Foundation, supplied the Trump White House with a detailed list of what
could and should be done at the NLRB.
At the same time, Right to Work leaders were mindful of the
fact that undoing the damage done by the Obama NLRB would require a great deal
of resolve, as a report appearing in the February 2017 edition of this
Thanks in part to the persistent prodding of grassroots
Right to Work supporters, progress is now being made on the Ambush Elections
New Rules Afford Employees Significantly More Time To
Discuss Pros and Cons
On December 13, the Trump NLRB announced it was reversing
several of the key provisions in the Ambush Elections scheme, so as to make it
less difficult for employees who oppose being subjected to union monopoly
control to resist a Big Labor takeover of their workplace.
For example, once these procedural changes take effect this
April, questions about who is eligible to vote in a unionization election will
have to be litigated before the election takes place, rather than after.
Moreover, elections will take place no sooner than the 20th
business day after they are directed, rather than the “earliest date
practicable,” as has been the case since 2015.
This will make it far less difficult for workers to actually
exercise their “right to receive information opposing unionization,” which
federal labor law accords them, as former U.S. Supreme Court Justice John Paul
Stevens acknowledged in a 2008 majority opinion.
“Much remains to be done,” emphasized Mr. Mix.
“For example, the partial rollback of Ambush Elections
announced in December leaves in place the requirement that employee phone
numbers, e-mail addresses and work schedules be turned over to Big Labor,
regardless of their wishes. Only the timing of the handover has changed
“With much of the Obama Administration’s forced-unionism
legacy still in place, the last thing the Trump team should be doing now is
putting up a new roadblock against restoring protections for the individual