It seems that Friday afternoons are always the time to drop job-killing news on America’s job creators. In this case, the union appointees within Barack Obama’s National Labor Relations Board have issued a press release stating they will be issuing their final rule on ambush elections on November 30th.
In mid-June, the union-controlled NLRB issued a Notice of Proposed Rule Making on the procedures governing NLRB-conducted elections. Despite the fact that unions already win more than 60% of all secret-ballot elections and the median time frame between a union petition for and election and the election itself is 38 days, the proposed rule change would like shorten that time drastically, creating an “ambush” union campaign on targeted employers and employees.
When the NLRB’s union appointees issued the notice, it was met with a tremendous outcry from America’s employers, as well as the sole GOP member at the NLRB.
The board’s lone Republican, Brian Hayes, issued a vigorous dissent, saying the proposal would result in the type of “quickie elections” union leaders have long sought. Hayes claimed elections could be held in as little as 10 to 21 days from the filing of a petition, giving employers less of a chance to make their case.
“Make no mistake, the principal purpose for this radical manipulation of our election process is to minimize or, rather, to effectively eviscerate an employer’s legitimate opportunity to express its views about collective bargaining,” Hayes wrote.
On Friday afternoon, with controversial SEIU lawyer Craig Becker’s recess appointment to the NLRB ending at the end of the year (rendering the NLRB unable to issue the rule change), the NLRB’s press release stated that the Board would be issuing its decision on November 30th.
The National Labor Relations Board has scheduled a Nov. 30 vote on whether to adopt a small number of the amendments to its election procedures that the Board proposed earlier this year.
[snip]
The Board received more than 65,000 written comments on the proposal and heard testimony from 66 speakers at a two-day hearing in July. In response to those comments, and in light of the possibility that the Board will lose a quorum at the end of the current congressional session, Board Chairman Mark Pearce will propose issuing a final rule limited to several provisions designed to reduce unnecessary litigation.
The meeting of the Board’s three members, to be held at NLRB headquarters in Washington, will be open to the public, although the public may not participate. Members will discuss and vote on a resolution to accept the Chairman’s proposals, proceed to draft a final rule limited to those proposals, and defer the remainder of the proposed rule for further consideration.
Separately, in a letter dated Friday as well, Brian Hayes, the aforementioned lone Republican at the NLRB, Brian Hayes, sent a letter to Congressman John Kline [R] explaining how he has been advised that he would not be able to draft or even review the new rule until after its issuance.
According to Hayes’ letter to Kline:
“…these actions would contravene long-standing Board tradition and the Board’s own internal operating rules. These rules and traditions have been established to protect the legitimacy of the Board. They cannot, in my view, simply be cast aside in pursuit of a singular policy agenda without doing irreparable harm to the Board’s legitimacy.”
It appears that, unless NLRB member Hayes resigns before the NLRB issues its decision to ambush America’s job creators, the union appointees at the Obama-NLRB are ready, willing and able to break tradition and its own operating rules in order to shove their union bosses’ agenda down America’s throat.
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“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
Moe Lane
Dan Spencer
Dan McLaughlin
Jeff Emanuel
First order of business
Thomas_Hauber Friday, November 18th at 7:06PM EDT (link)for a new Republican president should be to kill this board.
Over the years the NLRB has done nothing but be a pain in the neck of business both large and small across this country.
Funding the NLRB
jonrod Monday, November 21st at 10:54AM EDT (link)It is time for the House to refuse to fund the NLRB. They are a detriment to the woeking class and have to muxch authority to make rules and regulations that should be the business of the legislature. And the sensible working classshould be up in arms at the Hypocricy they use supposed to help the worker. When in fact it is often a hinderence to their well being. Take for instance it’s decision to forbid Boeing to utalize a plant in the south simply because it was a right to work State. Oh by the way this resulted in the loss of over 20,000 jobs. Yes tou read it right, 20,000 jobs. Now you see how the NLRB protests the workers,
Why is it necessary?
Adjoran (Diary) Saturday, November 19th at 2:16AM EDT (link)Congress can write the federal rules, they don’t need this extra “independent” agency.
How else can they enact unpopular agenda
jakeofalltrades (Diary) Saturday, November 19th at 2:37AM EDT (link)and wash themselves of blame?
Will America notice?
suzy000 Saturday, November 19th at 7:55AM EDT (link)If Haynes was to resign, then Obama can appoint another union loving board member. How is resigning going to help? Other than make a point and maybe go viral to the point that America sits up and may take notice to another thuggery practice happening right under their nose by Obama.
NLRB is necessary
rich44 Saturday, November 19th at 7:59AM EDT (link)The NLRB is a necessary part of the government for administering the National Labor Relations Act, an important piece of law designed to regulate the relationship between management and labor. It should not be banned, but it should not be abused either, and this administration is not the least bit interested in maintaining balances between management and labor.
It may be prudent for the lone reasonable member to resign to prevent any rules changes; he is totally marginalized anyway. And that is the whole intent of this administration: to shut out everyone else from government. These are dictators, not government representatives; there will be blow back, first in the form of more unemployment, then in the ballot box.
Most unionized people never voted to be in a union, and about half wish they could get rid of their union. But the rules are slanted toward compulsory membership for the good of union bosses and the Democrats they support. Leeches!
He resigns, and Obama picks another leftist hack
ohiohistorian (Diary) Saturday, November 19th at 11:20AM EDT (link)He resigns, and Obama picks another leftist hack who will survive at least a while into any Republican administration.
The necessity of this board is also questioned. What have they done in the last 20 years that has been anything other than putting forth a politicized political agenda? Fact, not polemic, would be appreciated.
Finally, if we are to shrink this government, there is a lot that needs to go. This includes groups like the NLRB, the FDA, OSHA, and the USDA which so many RINOs still want to have as federals. The idea is to change the nature and functions of government, not the color of the nameplate.
““Liberals tend to put the onus of your success on society and conservatives on you and your family.”
—Dennis Prager
Never should have been allowed.
quad4x4 Monday, November 21st at 11:50AM EDT (link)Consider the original sin… why was it a government mandate for labor and management to have Act. Labor always had a freindly government not an adversary. NLRB was sto lplacate all parties that the laws would be fair…
What we, the people, got was what always happens : some way to spend money on useless people.
Most of the laws should be abolishes now, thank you. Get the government out of business, we have courts to settle disputs in every other form of operations, Labor is no different. I need not go thru the alphabet soup of agency and departments that do nothing for so l ong that some people seem to think we must need them, just because they have been around for so long.
In fact all have outlived their usefulness for years, sort of a walking dead sort of thing.
Don't know why
ag8tor Monday, November 21st at 8:31AM EDT (link)Mr. Hayes felt it necessary to issue this statement “These rules and traditions have been established to protect the legitimacy of the Board”. What little legitimacy the NLRB had if any, went out the window with the union appointments Hussein made. Calling it a Labor Relations Board when it is actually run by unions is like calling the AMA an undertakers union. Just another socialist/communist group bent on taking away more of our liberty. Read the Communist Manifesto to see what’s next. Hope we can survive till November 2012!
Indignation, not resignation
geoph Monday, November 21st at 8:37AM EDT (link)to or from the Board is what’s needed.
But silence only assures the continuation of such policies.
How, with all you bright, tech-savvy “kids” (no offense intended) out there, do we not have some accessible records detailing such abuses?
The Detroit News today has a story about two ladies who’ve created a “They are Dead” App to track obituaries or something!?
The White House has/had (?) their website for Lefty to report Conservative “lies”, and we can watch our debt climb by the second; we (or more accurately, “you”) can bring this story to our attention and a handful of us will commiserate – but come tomorrow, most of “us” will have forgotten.
Any change requires a sustainment of interest, but if we see each act as unique and allow it to stand alone – we move on. Whether it is government expansion, abuse of power, or spending and taxation, sustained attention does wonders. It destroyed Bush and gave the Libs unchecked power in DC, it brought about the sweeping elections of 2010, and the lack of it moved 9-11 from being a driving force of policy.
(Forgive me if I wandered from the OP’s point towards the end)
Are You Saying
edintexas Monday, November 21st at 10:27AM EDT (link)Are you saying that you hadn’t heard, or read, about this before? You must have missed the items in RS published previously. Or the call for submitting comments to the NLRB (those 66,000 messages). People don’t have to be a “kid” to be tech savvy. I have my Medicare Part A card (and good insurance for the rest) and I consider myself relatively “savvy”. You can get on the web and read and post, so you aren’t a dud either.
The MSM, which is where most of the couch potatoes in this country get their “news”, will not spread this – so don’t hold your breath. I pass items on to a group of people via e-Mail, you could too.
Pretty new here
geoph Monday, November 21st at 12:30PM EDT (link)Actually, I just started reading at RS a couple of weeks ago, and I do scour the web for factual news, but finding a “no spin zone” is harder than watching an hour of Fox.
News Radio, Talk Radio and even my Tea Party meetings don’t expose such travesties on a regular basis, and Heaven knows my local GOP is more concerned with getting R’s elected than solving our Nations problems.
I understand you don’t need to be a “kid” to be tech-savvy, but it sure helps.
I can/do participate in email and other campaign processes, but treating these problems as a singular event rather than establishing them as extending a habit – is akin to reinventing the wheel, ad nauseum!
Republican Election/Obama/NLRB
carolynr Monday, November 21st at 3:28PM EDT (link)While the Republicans in Congress get met very mad at times, they are playing a very dangerous game of chicken and they have no other option but to play it.
Here’s what I mean, instead of trying to impeach the Marxist, they have allowed this crap to go on, hoping that they would get a president in office that would negate the bills that have been passed under Obama. Should they act and impeach him, we would probably be stuck with Hilliary or some more moderate Democrat as president. Obama is a big present to the Republican Party…but let’s hope that he doesn’t ruin the country before he is out of office.
Should the Democrats put up another person, I am afraid, based on sheer morality principles alone in this country, that the Republican Party would be defeated because more and more people are into gimme instead of a good work ethic.
Yes, and "another person" is apt to be
adair Monday, November 21st at 10:33PM EDT (link)Hillary.
Hussein’s favorability score is in the 40′s; hers is in the 60′s.
It makes replacing all 23 Dems in the Senate, and holding onto the House, all the more vital.