Unbelievable! NLRB’s Acting General Counsel Opposes Boeing Employees’ Legal Involvement


Last week, three Boeing employees, whose jobs are at stake due to the National Labor Relations Board’s prosecution of their employer, filed to intervene in the case.

Now, just a few days later, Lafe Solomon has declared that he is opposed to their intervention in the case–even though they stand a good chance of losing their jobs due to the union and the NLRB’s actions.

In a 17-page legal response obtained on Tuesday, attorneys writing as “counsel” for the NLRB’s Acting General Counsel stated:

Counsel for the Acting General Counsel opposes the Motion to Intervene (“Motion”) filed by Dennis Murray, Cynthia Ramaker, and Meredith Going, Sr. (“Movants”) on June 1, 2011. Movants are employed by Respondent The Boeing Company (“Respondent”) in North Charleston, South Carolina, and essentially argue that, as such, they are entitled to status as intervenors or, in the alternative, amici curiae, in this proceeding. More specifically, Movants argue that they should be allowed to intervene because of the possibility that they will be adversely affected by the outcome of the proceeding.

As set forth below, Movants’ interests are already adequately represented by the parties and they, in fact, have no cognizable interest in participating in this proceeding sufficient to justify their intervention. Thus, their unnecessary participation as three additional parties would merely delay and complicate these already complex proceedings. In the interest of a just and speedy resolution of this dispute, intervention should be denied. The Acting General Counsel believes that, just as Movants do not have an interest that warrants intervention, they also lack a sufficient interest to be accorded amicus status. Nevertheless, the Acting General Counsel does not object to their amicus status for the sole purpose of filing post-hearing briefs on their own behalf.


The problem, of course, is that, while the NLRB argues that the employees’ are adequately served by Boeing (the “respondent”), it is possible that Boeing may choose to settle the charges. If there is a settlement that has an adverse impact on the employees in South Carolina, then the NLRB will have shut down their ability to be party to the case.

Here is the full response:

NLRB Acting General Counsel Opposes Boeing Employees Intervention

While the door is not closed entirely to the South Carolina employees, the NLRB’s actions are telling.

Boeing’s union in Puget Sound has not been adversely affected by the opening of the Charleston plant (Boeing has actually added employees in Puget Sound) and, while Boeing may be out its money if the NLRB (and the Courts) rule against the Company, it is the Charleston employees who will suffer the most by losing their jobs.

Boeing’s Charleston employees should at least be given the ability to legally fight for their jobs and the NLRB is wrong in denying them the opportunity to do so.
________________

“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine, December 23, 1776

Cross-posted.

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20 Comments Leave a comment

So the NLRB says

jiminga Wednesday, June 8th at 7:40AM EDT (link)

labor has no stake in this dispute. Uh, I thought NLRB was supposed to act on behalf of labor, otherwise they should remove the “L” from NLRB. It’s going to be so much fun to watch NLRB lose this one, and I can’t wait to hear the excuses (Bush’s fault?)

Labor = Union

mndasher Wednesday, June 8th at 8:58AM EDT (link)

The NLRB really means the NURB : National Union Relations Board. Just another government bureaucracy that should not exist.

 

You think the NLRB is going to lose this?!

charlesmartel Wednesday, June 8th at 9:14AM EDT (link)

NT

UUHHH,...YEAH!

altexas Wednesday, June 8th at 11:12AM EDT (link)

DUH!

 
 
 

predictable

coralchristie Wednesday, June 8th at 8:18AM EDT (link)

This is just another example of the administration redesigning the freedoms we have granted in the Constitution. This President has appointed people to the NLRB who are pro-union and whose desire is not only to force all workers to be under the jurisdiction of a union but for businesses like Boeing to bow to the desires of the union, thus making the unions co-owners without the risk or investment. everything that is going on is predictable.

"workers controlling the means of production" - where have I heard that before?

Next93 (Diary) Wednesday, June 8th at 4:48PM EDT (link)

Hmmm, I seem to remember someone using that phrase around the turn of the last century…guy with a beard…something-or-other Marx…Groucho? no…Zeppo? no…Oh, yeah, Nutso!

Obama was The One in 2008.
He’ll be a BIGGER one in 2012.

Yep. Don't actually grow a business, that's hard! Organize the proles ... profit! [nt]

acat (Diary) Wednesday, June 8th at 4:59PM EDT (link)

——
self-portrait

Caveat Suffragator

 
 
 

Almost Feudal

Repair_Man_Jack (Diary) Wednesday, June 8th at 8:44AM EDT (link)

This is purely an exercise in the government choosing winners. THis isn’t refereeing, this is rigging the game. You no longer have rights in America unless you *know* somebody in DC.

Mr. Obama is pretending that an economic “recovery” is underway when he knows damn well that the banking system is just blowing smoke up the shredded *** of what’s left of that economy – James Howard Kunstler

 

Not surprising...

eddiethegeek Wednesday, June 8th at 9:01AM EDT (link)

Nothing is surprising from this administration any more. They are simply wrong on every single thing they do. One more example.

Funny thing is this – if Boeing loses, my money says they open their replacement dreamliner plant not in the Northwest, but in a foreign country, say Argentina or Canada or some such. Sadly, the U.S. would lose all those good jobs, but happily it would reflect on Obama and his aministration and their anti-business crusade.

Most likely, it would be in El Salvador:

yoyo (Diary) Wednesday, June 8th at 9:51AM EDT (link)

A lot of aircraft maintenance is performed there; SouthWest; US Airways, JetBlue, and others.

For one thing, it is a literal hop-skip-and-jump from any airport in the American deep south and southwest; a four hour flight from most places.

Secondly, it is cheap(er). Wages in El Salv are not what they are here and the NLRB has no jurisdiction there. Aeroman is fully certified by the FAA to perform depot-level maintenance on Airbus A320; Boeing 727, 737, 757 and 767 since around 1993 for most except the A320 which started around 2004-2005 time frame.

Any investment by Boeing into that country would have an almost immediate return, as much as it pains me to admit it. You see, I am in North Charleston, SC and have watched the 787 plant being built. I have friends who will (maybe) be working there when the plant comes on line.

It is truly disturbing. The workers in limbo here are only a part of the equation. The other part involves the secondary investment into the community made by businesses because of the Plant. If the line and plant goes, who knows about the others. Housing prices in the area may re-collapse, the local economy could stall, and unemployment most certainly increase.

A couple of websites for and about Aeroman:
– http://www.aeroman.com.sv/
– http://www.tulsaworld.com/business/article.aspx?subjectid=45&articleid=20090703_45_E1_Southw927611
– http://luterano.blogspot.com/2011/05/aeroman-aricraft-maintenance-in-el.html

When the NLRB gets involved, EVERYONE loses. Yes, you in Everette would lose also. Boeing’s entire 7 series line could move to someplace your precious union is not.

Nemo me impune lacesset
“No one will provoke me with impunity!”
=============================
Pukin’ Dogs – The Fighting 143
Sans Reproache
=============================
The ‘yoyo’ replaced my cigarettes January 22, 2006….

 

"...reflect on Obama and his aministration ..." ??

edintexas Thursday, June 9th at 9:27AM EDT (link)

How is that possible, when we all know it will be Bush’s fault?

 
 

Sit down, shut up, whadduy think, this is a free country

johnt Wednesday, June 8th at 9:59AM EDT (link)

or somethin ? It’s the New Order gang, the thugs are taking over, they think their time has come. All the guys who used to get beat up in the schoolyard are lawyers with aimless grudges to settle. All the malcontents who never knew what was eating away inside of them have found a target, it’s their country & all those nasty, ignorant, little people who live in it, who need a strong hand, very strong, to “guide” them. A Progressive hand.
I assume their is recourse to the federal courts.

“a man’s admiration for absolute government is proportinate to the contempt he feels for those around him”. Tocqueville

 

If the employees are being represented by Boeing...

randy streu (Diary) Wednesday, June 8th at 1:25PM EDT (link)

then why is the NLRB involved at all?

 

Sayonara South Carolina

eaglewingz Wednesday, June 8th at 1:53PM EDT (link)

I guess Obama has so much of a comfort zone in the Electoral College that giving up South Carolina, and probably its surrounding states is no sweat to him. As for the NLRB, its actions are disgraceful and are but another example of the most anti business anti consumer anti worker administration in post war America.

South Carolina

sccrenny (Diary) Thursday, June 9th at 10:28PM EDT (link)

is the reddest of red states. Obama has absolutely no chance here. As such, we are among the “enemies you have to punish” for the Obama administration. Just like Texas and the TSA response to their “no-groping, no leering” proposal.

When I look at Barack Obama I don’t see black. I don’t see white. I do, however see RED! It’s the same color I see when I look at Pelosi, Reid, ACORN, SEIU…

Precinct Delegate since 2010

 
 

NLRB has outlived it useful life. It needs DEFUNDED and stored on dry ice, NT

bobojake (Diary) Wednesday, June 8th at 4:08PM EDT (link)
 

Of course he objects

Rhymes With Right Wednesday, June 8th at 7:41PM EDT (link)

After all, why should actual workers have standing before the National Labor Relations Board? Allowing the workers to intervene would imply that workers, not unions have rights that the NLRB is bound to respect. And given that the NLRB is the classic example of a “captured agency” which operates for the benefit of those it is supposed to oversee rather than providing actual oversight, we ought not even be surprised.

Blogging at http://rhymeswithright.mu.nu

 

I heard co-workers praising the NLRB over this.

jonrd364 Thursday, June 9th at 4:59AM EDT (link)

I’ve said it previously, I’m an employee of Boeing and a (forced) union member, and today, I was almost inspired to do violence. But then, that would make me sink to their level, wouldn’t it? Movement on my career is literally on hold until this mess gets straightened out. I’ve had my sights set on moving to Charleston and getting out of this union hell hole ever since the plant was announced, and this just makes me boiling.

But for a handful of my closest associates, I’m surrounded by goons, and all they seem to care about is how the NLRB is going to “[F-word] Boeing for their stupid [S-word].” I often wonder if they realize that it’s BOEING that signs their paycheck. They wear their union t-shirts and union colors with pride and revel in the fact that they take a constant stance of opposition to the company which employs them every chance they get. It’s… bizzaro world for me sometimes.

 

Just another bureaucracy

popster Thursday, June 9th at 7:05AM EDT (link)

to add on the list of government agencies to delete. Somehow this administration thinks unions are relevant.

 

Interesting historical point...

rivahmitch Thursday, June 9th at 8:22AM EDT (link)

“Progressive” government doesn’t want to deal with, nor does it care about individuals. It wants to deal with “interest groups’ which may well put their own power and influence above the rights of the individuals they are supposed to represent…

Until the Carter presidency, individual federal employees had legally enforcable individual contract rights. The Carter Administration “negotiated” a new deal (with the unions, of course) in which the employees individual rights were replaced by the “right” to “union representation”. Anyone see a pattern here?