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The PJ Tatler

by
Bryan Preston

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June 18, 2013 - 2:25 pm

Either Obama’s hand-picked National Labor Relations Board has awful, terrible, pitiful lawyers — or, it keeps picking stupid fights that it is destined to lose.

Or both.

Here’s a look at the NLRB’s latest round of drubbings, follies and screw-ups.

RedState: Out Of Bounds: Another Court Smack’s Obama NLRB’s Overreach On Union Rights Posters

The National Law Review: Another Loss For The National Labor Relations Board (NLRB) On Notice Posting Rule

Inside Counsel: 4th Circuit Invalidates NLRB Poster Rule

Washington Business Journal: You Likely Won’t Have To Put Up Pro-Union Posters At Your Work Site; NLRB Loses Again

The American Prospect: The Fourth Circuit’s NLRB Smackdown

And The Beat Goes On:

The Associated Press: Judge Rules NLRB Overstepped Its Authority In Portland Port Dispute

The Oregonian: Judge Michael Mosman Throws Out Ruling That Gave Port Of Portland Jobs To Electricians Instead Of Longshoremen

For Good Measure:

Law 360: NLRB Thumbing Nose At Noel Canning, DC Circ. Told

Last But Not Least:

The Washington Examiner: NLRB Defies First Amendment Ruling, Sanctions Newspaper

Did I say “last?” How about a little bit more:

The Washington Times: Home Invasion By Big Labor: Home Day Care Providers Would Be Forced Into Unions

The Washington Post: Do Private-Sector Unions Still Have A Future In The U.S.?

Tatler’s editorial reply: Only to the extent that the Democrats’ unholy relationship with government unions continue. And those unions should be banned.

In The States:

Napa Valley Register: Project Labor Agreements Give Unions Unfair Advantage

Michigan Capitol Confidential: Majority Of Fastest-Growing U.S. Cities Are In Right-To-Work States

Union Bosses Gone Wild:

National Legal & Policy Center: AFGE Local Secretary-Treasurer In Cincinnati Pleads Guilty

National Legal & Policy Center: Steelworkers Secretary-Treasurer In Tennessee Sentenced For Theft

Bryan Preston has been a leading conservative blogger and opinionator since founding his first blog in 2001. Bryan is a military veteran, worked for NASA, was a founding blogger and producer at Hot Air, was producer of the Laura Ingraham Show and, most recently before joining PJM, was Communications Director of the Republican Party of Texas.

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I entered the collective bargaining field back when unions were unions and employers were employers. In my first few years, I was on the union side then I figured out some things and left. When I returned to it, I was on the employer side and remained there for the rest of my career.

In the old days, unions usually took cases to arbitration or the labor board because they thought they were right and intended to win. The only exception is the duty of fair representation case where a member insists on representation and the union takes the case rather than face the lawsuit. They actually were pretty formidable adversaries and a lot of union business agents were a Helluva lot smarter than a lot of elected and appointed officials. For that matter, they still are.

In '88 the World changed for me when our largest unit came to be represented by the American Federation of State, County, and Municipal Employees, AFSCME, AFL-CIO. I'll admit to having been more than a little intimidated by facing the paid staff of the largest non-teacher public employee union in America rather than the local independent association's staff. I got over that intimidation pretty quickly; these guys were idiots. We beat them like rented mules; before arbitrators, before the labor board, in court, we owned them. A couple of times in my career I've gone over two years without losing a single case and I was going into some sort of adversarial proceeding multiple times a month and sometimes multiple times a week. Frankly, I didn't get it, because we were costing them millions and I figured we were getting more out of a barrel of oil than they were getting in dues from some clerk.

It took me awhile to understand that they didn't care about winning and losing; it was the process that mattered to them. They wanted to get employees to come to them. They wanted to show employees/members that they would take the case to the wall for them. They wanted to show employees that the employer was a true a**hole - which we could be at times.

It was all just organizing for them. They got attention. They identified supporters. They developed a cohort of people who were beholden to them. Neither the unions or the communists Comrade Obama has appointed to the Board give a damn if some honky ruling class court overturns their decision. They've shown that they were advancing the colors; the fascists and counter-revolutionaries thwarted them: Send Money to OFA!
1 year ago
1 year ago Link To Comment
Given that at least two Circuit Courts have ruled that the NLRB has no authority because it does not have a quorum [Obama's "recess" appointments being illegal and unconstitutional] the fact that they are still operating is a triumph of Executive Will over the law. If the Courts have no real world authority over the actions of the Executive and the Executive operates openly in defiance of the Courts; what does it matter if the Courts "whack" them impotently. The Executive still gets to defy the law and the people can do nothing about it.

And with the Supreme Court and pretty much the entire Republican Party acting as if it has been blackmailed/threatened into submission by the NSA, IRS, FBI, SS, State Department, DOJ, Homeland Security,…Prism, Phone Records, Credit Card Records, etc., and who knows what other parallel governing body loyal only to the regime; why should the NLRB pay any attention to those "whacks"?

Subotai Bahadur
1 year ago
1 year ago Link To Comment
If they want to have all their decisions ignored and have every case thrown out of court, they can continue as they are.
1 year ago
1 year ago Link To Comment
Ignored? I don't think so. Regardless of the rulings of the courts, the NLRB has authority to impose penalties, and do so with their own orders. If the NLRB orders a place closed, and its agents padlock the doors; what does it do to the employer? If the NLRB imposes a fine, and attaches the bank accounts of the company, running to a court that they ignore will not stop the bank from freezing the account. And bouncing the checks of the company. Yeah, it may get worked out to the company's benefit, or the company may go belly up with the Federales help. As long as they have the self-assumed power to defy the courts and the law [and the Constitution, because the appointments were based on Obama arrogating to himself the power to determine when Congress is in session. (Article I, Section 4). This harks back to the days during the English Civil War when both Charles I and Cromwell was able to dismiss Parliament at will and rule by decree.] as they are doing, we are not under the rule of law and the practice will spread throughout the Executive.

Subotai Bahadur
1 year ago
1 year ago Link To Comment
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