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Congress Stands Up to Rogue NLRB

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 JobsBig 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.

About the author: David A. Bego is the President and CEO of EMS, an industry leader in the field of environmental workplace maintenance, employing nearly 5000 workers in thirty-three states. Bego is the author of “The Devil at My Doorstep,” based on his experiences fighting back against one of the most powerful unions in existence today.

NLRB Attempting to Streamline Forced Unionization

Desperation is setting in at the White House and the white knight attempting to rescue Obama from himself is the NLRB, guided by a pair of Obama recess appointees Craig Becker and Mark Pierce (see National Labor Relations Board or NBLR – National Big Labor Resuscitation). Becker and Pierce are taking steps to achieve Big Labor’s most coveted prize, card check (see Card Check through Regulation vs. Legislation). The NLRB has scheduled a vote this Wednesday, November 30, 2011 where they Plan to Ease Way for Unions to rapidly organize employers through quickie elections. This vote is no more than “Card Check” in disguise (see the Board published a Notice of Proposed Rulemaking here). Why is this pair in such a hurry? Member Becker’s term expires at the end of December 2011, and this is the last time the rogue NLRB is guaranteed to have a democratic major ity to combat the pending legislation to reign in the NLRB and to pass regulations that favor Big Labor (see Workplace Fairness Act Set to Move to the House Floor).  Just as important, the timeline referred to above is obviously a blatant move to provide big labor with the tools to rapidly force unionize unsuspecting businesses in order to provide Obama and the Democratic party a huge campaign fund source derived from the new influx of membership dues just in time for the 2012 elections. This is obviously a simple “pay to play” maneuver that will be A Death Penalty for Employees and Employers.

This is a classic case of Political Aspirations & Payback Ahead of American Jobs, because this President and the rogue NLRB are intent on Overwhelming the System in order to achieve their labor agenda, first pronounced in the Employee Free Choice Act (see EFCA Through the Backdoor. Contrary to disingenuous mainstream media and liberal democrat rhetoric this Sleight of Hand from the Rogue NLRB has nothing to do with protecting employee rights, social justice or protecting the middle class. In fact, it will provide Big Labor the ability to do just the opposite by providing it with the tools to intimidate employees into signing union cards well before petitioning for an election, while removing employer ability to educate employees by shortening the election process to 10 days or less. This will virtually eliminate the employer’s ability to expose its employees to the truth that just because they signed a union card doesn’t mean they have to vote union during the secret ballot election as vividly detailed in The Devil at My Doorstep. The truth is, this is much less about the rights of employees to organize, than it is about the president winning the 2012 election, the future survival of the big labor Gasping Dinosaurs and the redefining of America into a socialistic form of government.

However, the NLRB Putsch could have a monkey wrench thrown into its plans by the lone remaining Republican NLRB board member, Mr. Brian Hayes. In a recent letter to Congressman Kline, Chairman of the Committee on Education and the Workforce, Mr. Hayes indicated that he has been removed from the regulatory process, and that he may resign or boycott the vote to eliminate the chance of passage on Wednesday (see NLRB Member Hayes Details Outrageous Pearce Strong-Arming on Quickie Election Rules, Hayes Letter to Cline and Chairman Pearce Response to Member Hayes).  The circus continued when Big Labor lover and beneficiary, California Congressman George Miller, took Hayes to task concerning his threats to resign and incapacitate the board (see Representative Miller Weighs In On Potential Hayes Resignation and Miller’s Letter to Hayes). Congressman Miller is well aware the Supreme Court ruled in 2010 that two members alone lacked the legal authority to issue new regulations, which would obviously derail the president and his appointees ruling if Hayes decided to take such action, an action Hayes needs to take if we are to avoid Rule by Fiat and the associated massive loss of jobs/high unemployment.

When Will Congress and the Main Stream Media Wake Up and ask “Why are Businesses Sitting on the Sidelines?” They must realize, before it is too late, that this President and his backers are not interested in Restoring America’s Prosperity, but fundamentally changing it to a socialist/communist state. His biggest Big Labor backers such as the SEIU have been involved in rallies that raise the question, is Communism at the Highest Levels?

About the author: David A. Bego is the President and CEO of EMS, an industry leader in the field of environmental workplace maintenance, employing nearly 5000 workers in thirty-three states. Bego is the author of “The Devil at My Doorstep,” based on his experiences fighting back against one of the most powerful unions in existence today.