Rogue NLRB Derailed?

Obama’s Rogue NLRB, driven by Chairperson Mark Pearce, has encountered serious roadblocks the past several weeks in its continued attempt to achieve EFCA Through the Backdoor (see Labor Board Chief to Push Union Organizing Rules). Obama and the Big Labor bosses attempted end run around Congress entails creation of new regulations such as the “Posting Rule” – requiring employers to post notices of employee rights under the NLRA in the workplace, and “Quickie” Elections – substantially reducing the time frame during which elections are conducted for the purpose of eliminating the employer’s ability to educate its workforce (see Posting Rule and “Quickie Elections”). These regulations would assist Big Labor in prosecuting Corporate Campaigns as chronicled in The Devil at Our Doorstep.  Corporate Campaigns are no more than an onerous attempt to force employers to sign a Neutrality Agreement, (which implements Card Check  provisions) and bypass secret ballot elections for employees.

Despite the fact NLRB statistics show unions win 70% of the elections, Big Labor’s continuing problem is that very few elections are held, because few employees are interested in signing union cards to petition for an election. Consequently the Gasping Dinosaurs alternative is to force unionize employees through Card Check delivered through rules and regulation changes by their buddy in the White House and his Rogue NLRB !

Thankfully, the separation of powers so diligently established by our nation’s forefathers is working to save what otherwise would be A Death Penalty for Employees and Employers. Over the past several weeks, several important events have occurred. First, within the legislative branch, the U.S. House of Representatives passed the Workplace Fairness Act, which, if enacted, would restrict NLRB overreach and restore it to its original “sufficient community of interest” standard, and in the process eliminate the “quickie election” process (see Workplace Fairness Act Set to Move to the House Floor). Next, 44 Senators Challenged NLRB’s Ambush Election Rules, which further delays implementation of the quickie election process.  Additionally, the judicial branch, through a decision by a federal district court judge in the District of Columbia, ruled this past week that portions of the “Posting Rule” would be blocked (see the NLRB Notice Posting Rules were Partially Blocked.

This decision does not rule that the NLRB cannot require posting, but it does find that the failure to do so by an employer cannot be construed as an “Unfair Labor Practice” (ULP), or that such action is subject to fines. Although many are disappointed that the posting in itself was not deemed invalid, the truth is the judge struck down the parts of the regulation Big Labor wanted most. Posting alone would be no more than an annoyance to employers. However, if the ULP and tolling portions of the regulation were upheld it would be a field day for Big Labor! Why? Because Big Labor bosses would be able to prosecute Corporate Campaigns with impunity to force employers to sign a Neutrality Agreement and achieve Card Check. Just as the SEIU did against EMS as chronicled in The Devil at Our Doorstep, Big Labor bosses would have union thugs file multitudes of  ULP’ s in an attempt to bring the employer to its knees and sign the Neutrality Agreement. Filing of ULP’s against an employer forces the employer to expend significant amounts of money and time to defend itself, with the result being that many employers cave to union demands in order to avoid the vast expenditure of time and resources. Increased regulations and associated penalties just make it easier for the big labor bosses to succeed in their “organizing” attempts.

Thus, the imposition of increased regulation is the only chance the Gasping Dinosaurs have of avoiding extinction, unless of course they change their ways and actually provide true benefits and service to their members  (see “Card Check through Regulation vs. Legislation.”).  What a novelty, acknowledging that they are there to serve the members and not vice versa and that each employee should have the right to decide if they wish to be a member.

Unfortunately, despite the fact Obama and NLRB Continue to Cost Union Jobs, Big Labor has not awoken to the fact this President has no loyalty to anyone but himself. His narcissism only allows him to continue his Rule by Fiat and place his Political Aspirations & Payback Ahead of American Jobs. Big Labor will continue to push its selfish agenda and utilize Obama’s coattails to prosecute its Persuasion of Power  at the cost of American freedoms, the American economy and American jobs. Big Labor’s Gasping Dinosaurs will not let anyone stand in their way as evidenced by the fact that even the late great American Andrew Breitbart Felt the SEIU’s Persuasion of Power.

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