« BACK  |  PRINT

RS

MEMBER DIARY

As Obama’s NLRB Drags Its Feet On Employee Charge, Former NLRB Member Drops a Boeing Bombshell

Most observers of President Obama’s union appointees at the National Labor Relations Board know that the NLRB has earned its much-deserved criticisms due to its over-the-top advocacy for union bosses. In addition to the other anti-worker and anti-jobs rulings, the NLRB’s effort to help the Machinists’ union kill the jobs at Boeing’s South Carolina plant because workers decertified the union is probably the most well known example. However, another layer of just how far Obama’s union appointees will go to appease their union masters was peeled back by a recent comment made by a former member of the NLRB.

Until his term expired last year, Peter Schaumber was a member of the National Labor Relations Board. Originally appointed under President Bush, Schaumber’s term extended into the era of union control within President Obama’s NLRB. As such, he has some unique insight.

According to OneNewsNow.com, like many, Schaumber does not believe that the NLRB is legally justified in attacking Boeing for opening its second production facility.

“An employer or management can make operational decisions, such as where to locate, where to relocate, where to transfer work, whether to outsource,” he remarks. “It can take into account the economic consequences of unionization. This is a core managerial right.”

What management cannot do, he explains, is make any of these decisions merely in response to their employees’ exercise of the rights under the law.

“For example, if an employer, after its employees voted for a union, [says] ‘Well, you voted for a union, [so] I’m going to relocate somewhere else.’ That would be a violation of the law,” he explains. “That has nothing to do with what Boeing did here.”

While Schaumber’s opinion on the merits of the NLRB’s case are similar to that of other legal experts, what is startling about his comments is this little gem: Apparently, at one point, the NLRB’s Acting General Counsel (who is prosecuting the government’s case against Boeing) did not believe the case should be at the NLRB at all.

“According to Michael Luttig, who’s a former federal judge and general counsel of Boeing, before the complaint was filed, Lafe Solomon — who is the [NLRB] acting general counsel — told him that this matter shouldn’t be before the board at all. Nevertheless, he asked Boeing to give the union something, to settle with the union, over its charge that it filed with the board, and if Boeing settled with the union, Solomon wouldn’t file a complaint.

When Boeing made an offer, Solomon said it was unacceptable to the union. Afterwards, the NLRB filed the complaint against Boeing.

While Solomon has stated in the past that there were NLRB-encouraged settlement talks between Boeing and the union, that Solomon did not believe the case should be before the NLRB is astounding as it shows the depths to which the Obama NLRB has become nothing more than a union hammer with which unions beat employers over the heads and kill more jobs.

This also seems to explain why the union bureaucrats running the NLRB appear to be dragging their feet in investigating the charge filed in June by a South Carolina Boeing employee for the union’s retaliation against South Carolina employees’ for their decertification of the union.

Related:

__________________

“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 on LaborUnionReport.com

COMMENTS

  • romeg

    not only have unions outlived their usefulness, the draconian limitations and requirements imposed upon business by the government at the behest of the unions have gone too far and are hurting our competitiveness abroad and killing jobs here at home.

    When a president, such as the current one, with no regard for the U.S. Constitution (except for those provisions with which HE happens to AGREE) ignores precedent and the wishes of the public as well as the Senate and bypasses the confirmation process in order to contort an agency such as the NLRB into a cudgel with which to beat employers into submission, then the time for repeal, not mere reform, is long past due.

    What has begun in Madison, WI now needs to take hold in Washington, DC. Conservatives are going to have to make the repeal of pro-union legislation and the removal of pro-union agencies a priority.

    Unions are going to have to rely on free-market forces in order to maintain or grow their numbers rather than legislative mandates designed by Democrats to curry favor and buy the votes of union members in the industrialized and unionized parts of the country.

    • uncmike

      Where are any of the Republican candidates on this? Silent, I expect.

    • lilium

      Unions have never been useful. They are racist, anti progress, and
      anti competition to name a few. They have always been this way.

    • cwfoster

      I am a member of the IBEW. Unions were originally created to pressure employers to make workplaces safer and fair (Fair at that time, was considered when business slowed down, not laying off employees who were close to eligibility for a pension first, and protection against letting an employee go if he was disabled in a work related accident, with no disability) These items are now a matter of law, and workers are protected. Now, we have simply the issues of “fairness” in layoffs and wages. (We could argue the factors of fairness of wages, but I’m not going to, because I would actually probably agree with you more than disagree. I’m a union member, but NOT in a ‘Right to Work’ State).

      So now my employer is about to lay off 600-800 personnel, and there are employees that are in their late sixties, and seventies, who are eligible for pensions, social security have 401Ks, and their homes are paid off. They work because they don’t want ti “sit around the house all day”. There are many other employees who have mortgage payments children in school, and families to keep fed and sheltered who HAVEN’T been with the company 25 years. So, if the old timers get laid off, they AREN’T ‘thrown out into the cold’ like they would be if they were in their late 50′s and just shy of a pension. BUT according to union rules, they get to keep their job (can’t have them getting bored can we?) while people who will possibly lose their homes, and have to try to figure out how to pay the rent and buy groceries get tossed out.

      Is it just me? Or have unions stopped working for what’s best for the most?

      YES! they’ve outlived their usefulness!

      Don’t even get me started on the AFL-CIO supporting politicians who oppose closing our borders or shutting down coal fired generating stations! (why? The UMW not paying enough dues?)

    • hsabin

      Work hard to get our message out and let’s get rid of Obama and the unions. Boeing has the right to open up jobs without having to buy off those mafia creeps!! GO tell evryone you know to vote AGAINST OBAMA!

  • Finrod

    I got nothing here, I’m just enjoying the image from The Wall.

  • johnt

    They sort of make it up as they go along, a hallmark of thugs and dictators. More to come in the future.

  • daniel22

    We seem to have a thug in chief. He uses various arms of the federal government as his personal enforcement arm of political payback. Look at Gibson guitars and the rediculous charges brought against them! The jobs bill tailored to fit the union agenda while private jobs are doing just fine? No wonder Wall Street gives as much as they do. Contribute or else seems to be the rule of the day. I wonder when people are going to wake up to the fact that this guy just does not care? He is too disconnected and in love with himself to do any good.

  • rpr0174

    The only reason that the Union is doing this is because they need the money to pay that dam usekless POS Hoffa, Oboner buddy. They have to do something to justify his $300,000 annual salary. Since when does a Company have to get Union approval to open a Company where they want to? This is plain mugging of a company looking to give unemployed people in South Carolina. I used to belong to a Union and it was as useless and crooked as Hoffa Sr. and Hoffa Jr. All they cared about was collecting a paycheck and they never did anything for the employees. Every state should be a right to work state and the Unions need to worry more about their members than their overpaid paychecks. Union officials are nothing but leeches trying to intimidate those that want to work without having Union Representation. They have being told they aren’t wanted. No wonder Oboner is with them, they both don’t like being told they aren’t wanted. Oboner and HOHOHoffa need to step down, shut up, and get the hell out of office. Do the American people a huge favor, get out of office and both of you go back into the hole you came out of.

  • wojmax

    Wasn’t there an e-mail from a Boeing VP that stated, to the effect,
    it was because of the unions actions Boeing was going to transfer work to SC?

  • travis690

    This is the reason the NLRB should be eliminated. They are a definite partisan group, serving at the behest of the labor unions. After all, why do we have both the Department of Labor AND the National Labor Relations Board? One or the other needs elimination, or at least a redefining of their proper function. If we keep both, then the NLRB should have one and only one function: To act as a mediator between labor and management disputes. As such, they would not be empowered to make any types of laws; they would only be able to act as mediator, which reduces their power to non-binding status.