CAPITOL CORNER: Controversial National Labor Relations Board Makes Sweeping Changes to Help Their Organized Labor Friends Earlier this month, the National Labor Relations Board (NLRB) proposed sweeping new regulations that would speed up union organizing, while violating employees’ privacy and taking away their voices. Included in the new regulations is a controversial rule that would delay employers’ legal challenges until after the organization election occurs, including whether certain workers are even eligible to vote. The rule is an effort by the NLRB and the Obama Administration to speed up union elections in the hopes that they can drown out the voices of the employees and employers. The move is being hailed by unions, who incorrectly blame their membership decline from 20 percent of US workers in 1983 to 11.3 percent today on the voting delays. In fact, according to the Workforce Fairness Institute, 94 percent of elections take place within 56 days, with labor winning 64 percent of the vote. This rule was initially proposed by the NLRB in 2011, but struck down by the courts because the board did not have a proper quorum present during the vote. President Obama later bypassed the Senate – and the US Constitution, I might add – by improperly appointing people to the NLRB, claiming the Senate was in recess when it was not. The case is currently before the Supreme Court, who heard arguments last month. During those arguments, the Justices appeared highly questionable of the president’s move. Even his own appointee Elena Kagan stated, “The history is entirely on the Senate’s side, not your side.” A decision is expected sometime later this year. If the appointments are overturned, it is likely that the decisions made since the appointment will also be overturned. In addition, the NLRB also proposed a rule that would require employers to turn over their employees’ email addresses to union organizers. That means that employees will be forced to have their email addresses shared with union organizers whether they want to be contacted by them or not – which I’m sure many will find to be a huge invasion of their privacy. The public has until April 7th of this year to comment on the rule and the NLRB plans to hold a hearing to discuss the rule that same week. The US Chamber of Commerce as well as other business groups are looking into options to block the ruling. House Republicans have also begun looking into what can potentially be done legislatively. House Education and Workforce Chairman John Kline (R-Minn.) sent a letter to the NLRB demanding a meeting on the matter. House Republicans have also been working to hold up any new regulations coming out of the board since the constitutionality of the so-called “recess” appointments by President Obama has been called into question. I have signed on to seven separate pieces of legislation to address the dramatic overreach of the Obama Administration and the NLRB, including H.R. 1120, the Preventing Greater Uncertainty in Labor-Management Relations Act. The actions of both the president and this board are only harming our fragile economy and making it harder for employers to create jobs.
Posted on: Tue, 11 Feb 2014 16:22:51 +0000
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