Fox News Covers NLRB’s Craig Becker’s Union Payback

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Craig Becker Riding D.C.’s Revolving Door – Barbara Comstock of the Workforce Fairness Institute discusses the Former NLRB official who was named co-general counsel of the AFL-CIO on the Fox Business channel.

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Craig Becker Riding D.C.’s Revolving Door – Barbara Comstock of the Workforce Fairness Institute discusses the Former NLRB official who was named co-general counsel of the AFL-CIO on the Fox Business channel.

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NLRB Region Unleashes Micro-Unit On Retailer

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Over the course of the last two years, Barack Obama’s union appointees at the National Labor Relations Board have been waging a war against America’s union-free workplace. While the NLRB’s prosecution of the Boeing Company for the alleged “crime” of opening a non-union pant in South Carolina captured much media attention, when taken in their totality, the less-reported decisions and rule-making that Obama’s appointees have issued is, to America’s union-free workplace, akin to a death by a thousand cuts.

Read more: http://www.laborunionreport.com/portal/2012/05/divide-conquer-destroy-nlrb-region-unleashes-micro-unit-on-retailer/

Over the course of the last two years, Barack Obama’s union appointees at the National Labor Relations Board have been waging a war against America’s union-free workplace. While the NLRB’s prosecution of the Boeing Company for the alleged “crime” of opening a non-union pant in South Carolina captured much media attention, when taken in their […]

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NLRB Election Rule Overturned for Lack of Quorum

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From the Labor Relations Institute:

The United States District Court for the District of Columbia just ruled that the NLRB lacked a valid 3-member quorum to adopt its “ambush election” rulemaking in December 2011. You can read the decision here. Since Member Brian Hayes refused to participate in the actual vote on the rule, the Court ruled that this prevented the Board from achieving a valid quorum. While the new NLRB can re-vote the rule (although whether this Board constitutes a valid quorum is also under question in separate litigation), the District Court denies the Board’s authority to operate under the new rules.

 

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From the Labor Relations Institute: The United States District Court for the District of Columbia just ruled that the NLRB lacked a valid 3-member quorum to adopt its “ambush election” rulemaking in December 2011. You can read the decision here. Since Member Brian Hayes refused to participate in the actual vote on the rule, the Court […]

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Strike up the Band- More NLRB Madness!

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Under the Obama administration, the National Labor Relations Board has been running amok, wreaking havoc and leaving a general uncertainty in businesses and employers across the country. In a decision from the beginning of the year, the NLRB has proven they’re not yet through making arbitrary anti-business decisions- and that no company or employer is safe. This time, they’re going after the Lancaster Symphony Orchestra.

On December 27, 2011- just two days after Christmas- the NLRB issued a decision declaring that musicians performing in an orchestra were employees, not independent contractors. This qualifies them to form a union, exact demands out of their “employer,” and claim more costly benefits than they could as independent contractors.

The musicians performing in the orchestra have a wide level of discretion to decide for how many performances they wish to participate. They practice on their own time, and with the exception of pianists they provide and maintain their own equipment (instruments.) The agreement that the musicians sign with the orchestra states that the musicians are independent contractors. The musicians are paid on a per performance and practice basis. But that wasn’t enough for the board.

The Board made their decision noting the following ridiculous factors:

  • Musicians must be in their chairs at the appointed time that practices begin;
  • Musicians are required to remain at the practice until it is over;
  • The conductor determines how loud certain instruments are to be played;
  • The conductor determines when certain instruments are to “come in” during a performance;
  • The musicians are not allowed to cross their legs;
  • The musicians are required to turn the pages of their music as quietly as possible;
  • The musicians must adhere to a dress code; and
  • The musicians, in the Board’s opinion, are not taking any economic risk and thus are not entrepreneurs.

While most people would consider these factors a regular part of being in an orchestra, the Board judged these factors as proof that the orchestra is actually made of employees, not independent contractors.

Member Hayes dissented from the decision and stated among other things that the musicians do in fact exercise an “entrepreneurial opportunity for gain” because they have the “freedom to take as many or as few jobs” as they wish. Hayes also pointed out that “without the musical instrument, there could be no music” and as such the provision of the other necessary parts of a performance, e.g., chairs, music stands, etc. should not be considered in the same category as the instruments. As such he would have given greater weight to the provision of the instruments by the musicians and less weight to the provision of other incidental items by the orchestra.

Unfortunately, Hayes’ voice is all too often drowned out by the other political appointees on the Board. Their continued bias against businesses and employers has created a pattern that creates uncertainty in an already unstable economy.

Lancaster Symphony Orhcestra

Under the Obama administration, the National Labor Relations Board has been running amok, wreaking havoc and leaving a general uncertainty in businesses and employers across the country. In a decision from the beginning of the year, the NLRB has proven they’re not yet through making arbitrary anti-business decisions- and that no company or employer is […]

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NLRB numbers add up but the rhetoric doesn’t

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Anti-NLRBBy Mark Wohlschlegel II — As has been his practice, Acting General Counsel Lafe Solomon released his annual summary of the National Labor Relations Board’s (NLRB) activities for the Fiscal Year.

One would expect all doom and gloom considering the harsh picture painted by critics of the union election process and how hard they and members of the NLRB had to fight (both internally and externally) last year to push through their “streamlined elections” rule.  It was heralded as necessary to “reduce unnecessary litigation” and “streamline pre- and post- election procedures.”

If you listened to AFL-CIO President Richard Trumka, the process was a “broken, bureaucratic maze.”  Rep. George Miller (D-CA) also criticized it as vulnerable to manipulation and delay.

Yet, despite all this criticism, Acting General Counsel Solomon praises the work of NLRB in Fiscal Year 2011 as “once again outstanding.”

This praise seems rather out of place given the harsh rhetoric above that describes a system that is both “broken” and “vulnerable.”  However, upon investigation of the numbers, one cannot help but notice a clear contradiction.

As indicated in Table 1, the NLRB’s efficiency in conducting elections has remained rather steady over the past four years.

TABLE 1 NLRB Elections Initial Representation Elections %Voluntary Election Agreement %Elections held within 56 days Median number of days election held
FY 2011 1,423 89.0% 91.7% 38
FY 2010 1,790 92.1% 95.1% 38
FY 2009 1,690 91.9% 95.5% 37
FY 2008 2,085 91.8% 95.1% 38

Table 2 makes the point that the NLRB has accomplished this despite having a fluctuating caseload over the past four years.

TABLE 2NLRB Case Loads & Decisions Case Intake (totals) Representation  Cases (totals) %Representative Case Decisions per 100 days %Unfair Labor Practice Cases Decisions per 120 days %Meritorious Unfair Labor Practice Cases per 365 days
FY 2011 24,990 2,813 84.7% 72.5% 83.2%
FY 2010 26,585 3,204 86.3% 73.3% 84.6%
FY 2009 25,853 2,912 84.35% 70.93% 79.69%
FY 2008 25,901 3,400 83.50% 68.10% 75.22%

Similar to our comment submitted on NLRB’s Streamline of Elections Rule, the numbers here do not justify either the harsh criticism of the process, or the NLRB’s curious urgency in implementing the sweeping reform of “streamlining” union elections.  Overall, the NLRB has maintained steady progress in both its effectiveness and efficiency of handling its workload.  In FY 2011 the numbers dip slightly. That being said, the NLRB admittedly still met most of their targets for the year:

The Agency exceeded two of its three ambitious overarching goals and came close to achieving the third, closing 84.7 percent of all representation cases within 100 days (target 85 percentg), 72.5 percent of all unfair labor practice cases within 120 days (target 71.2 percent), and 83.2 percent of all meritorious unfair labor practice cases within 365 days (target 80.2 percent). The target for each 2011 overarching goal was higher than in FY 2010 and has been increased for FY 2012.

In his report, Solomon further detailed exceeding their other targets under Elections, but curiously did not highlight it in the summary of achievements.  Here we find the following:

TABLE 3NLRB’s FY 2011 ELECTION Goals /Achievements NLRB Goals NLRB Achievements
Voluntary Election Agreements 85.0%  89.0%
Elections Held within 56 Days 90.0%  91.7%
Median number of Days between petition filing and Election 42 days  38 days

By most standards, most anyone else would call this progress.  Out of 1,423 initial representation elections, 89 percent reached a voluntary election agreement, with 91.7 percent taking place within 56 days, the medium being 38 days.  This means that only eleven percent of elections were contested in FY 2011, with less than nine percent extending beyond 56 days.

To put this in perspective, former Solicitor of Labor under President George W. Bush, Eugene Scalia drew a very interesting comparison last year when commenting on NLRB’s plan to streamline union elections.

An irony to the NLRB’s move to expedite union elections is that these already are among the fastest legal proceedings known to man. In 2010, according to the NLRB’s acting general counsel, the median time to an organizing election after the union petitioned was 38 days, and “95.1 percent of all initial representation elections were conducted within 56 days.” By contrast, a federal court case — which often is less decisive to a company’s future than unionization—takes a median of seven and a half months, not counting appeal. A defendant has 21 days to file an answer, a deadline that’s commonly extended.

Therefore, we are left with the begging question, echoed by Congressman John Kline and the Education and Workforce Committee: “If the NLRB is doing an ‘excellent’ job, are radical changes to the current election rules really necessary?”

Mark Wohlschlegel is a Staff Attorney for Americans for Limited Government (ALG).

By Mark Wohlschlegel II — As has been his practice, Acting General Counsel Lafe Solomon released his annual summary of the National Labor Relations Board’s (NLRB) activities for the Fiscal Year. One would expect all doom and gloom considering the harsh picture painted by critics of the union election process and how hard they and […]

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NLRB ‘Declares War’ — On Its Own Union!

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With all the hubbub in the last couple of years about the National Labor Relations Board (NLRB) and its demonstrably pro-union agenda, there is one union unhappy with the Board’s activities. In fact, this union recently announced that the NLRB has ‘declared war’ on workers, or at least a very specific group of workers…Read More.

With all the hubbub in the last couple of years about the National Labor Relations Board (NLRB) and its demonstrably pro-union agenda, there is one union unhappy with the Board’s activities. In fact, this union recently announced that the NLRB has ‘declared war’ on workers, or at least a very specific group of workers…Read More.

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Mike Lee Opposes NLRB Nominee in Defense of the Constitution

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“I rise today in opposition to this nomination. I do so not because of the qualifications of this particular nominee, but instead I do so in defense of the U.S. Constitution.Read More.

“I rise today in opposition to this nomination. I do so not because of the qualifications of this particular nominee, but instead I do so in defense of the U.S. Constitution.Read More.

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NLRB Appointee Will Continue to Receive Payments from Union

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Financial disclosure documents filed by two of President Obama’s illegal appointments to the National Labor Relations Board show that Richard Griffin will continue to receive payments from the Union of Operating Engineers during his time on the board.

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Financial disclosure documents filed by two of President Obama’s illegal appointments to the National Labor Relations Board show that Richard Griffin will continue to receive payments from the Union of Operating Engineers during his time on the board. Read More.

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Obama’s Boeing bandit poised for promotion

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Lafe Solomon… the acting general counsel for the National Labor Relations Board (NLRB), best known for suing Boeing Co. over the opening of a billion-dollar manufacturing plant that created thousands of jobs in South Carolina….Read More.

Lafe Solomon… the acting general counsel for the National Labor Relations Board (NLRB), best known for suing Boeing Co. over the opening of a billion-dollar manufacturing plant that created thousands of jobs in South Carolina….Read More.

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NLRB Hurts Jobs in South Carolina

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Congressman Jack Kingston of Georgia tells us how the NLRB’s interference with Boeing is affecting jobs in South Carolina.

Congressman Jack Kingston of Georgia tells us how the NLRB’s interference with Boeing is affecting jobs in South Carolina.

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