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Special Report
Ambush Election Prevention
The House votes to prevent the Obama NLRB’s latest pro-union power grab.
Imagine voting in a presidential election where one candidate can campaign for a year and the other is only told he is running a week before Election Day. As absurd as that sounds, that is precisely the choice that President Obama’s National Labor Relations Board (NLRB) is trying to impose on American workers.
The NLRB is the supposedly neutral federal agency charged with judging private sector labor law cases and interpreting labor statutes. However, under Obama, it has gone far beyond that mission, to propose sweeping rule changes favorable to unions.
Some members of Congress are focused on this problem and are trying to do something about it. On Wednesday, the House of Representatives is set to vote on the Workforce Democracy and Fairness Act (H.R. 3094). The bill, introduced by House Education and the Workforce Committee Chairman John Kline (R-Minn.), would prevent these “ambush” elections by requiring all union representation elections to occur no less than 35 days following a union’s election petition to the NLRB.
The Act would also allow workers to choose how a union can contact them. Currently, employers are required to give unions information such as a worker’s home address, which can lead to intimidation by organizers.
The vote on H.R. 3094 could not be timelier. Also this week, the NLRB is scheduled to vote on its own proposal to allow for ambush elections. The NLRB’s proposed rule change would shorten the period between unionization elections. Currently voting for unionization takes an average of a month. If NLRB has its way, that could be cut down to little more than a week.
The shortened period will mean that an employer would have only about 10 days to respond to an organizing drive, including hiring a lawyer and making the case to employees about what unionization will mean to the company. Workers would only get one side of the story. During a unionization campaign, the union can campaign secretly for months, while the employer may only learn about the campaign when the union files for an election with the NLRB.
The NLRB is trying to rush the regulation through before the end of the year, when NLRB member Craig Becker’s recess appointment ends thus killing the board’s ability to make decisions.
Becker’s nomination to the Board was so controversial that it could not overcome a Republican filibuster in the Democrat-controlled Senate, and for good reason. A former Service Employees International Union lawyer, he has written that employers should have no say in the unionization process — which appears to be the true motivation for of the proposed rule.
When Becker steps down, the Board’s membership will drop to two, and the Supreme Court has ruled that the Board needs a quorum of at least three members to make a decision on any cases or make any rules.
NLRB Chairman Mark Pearce is pulling out all the stops to ram the regulation through. The NLRB’s lone Republican member, Brian Hayes, complains that, while the proposal has garnered nearly 66,000 comments, his fellow Board members have kept him in the dark regarding responses to the comments and any changes to the proposed rule that differ from the original draft, reports The Wall Street Journal.
Last week, Hayes wrote to Rep. Kline, saying the two Democrat-appointed members had engaged in a series of irregularities in trying to ram through the ambush elections rule. Specifically, says Hayes, his fellow Board members:
• Disregarded precedent regarding election timelines.
• Conducted the rulemaking process in secret without regard to differing opinions.
• Diverted staff resources to rush the decision through; and
• Told Congress there was no timetable for voting on the rule when there actually was.
Letter to the Editor View all comments (35) | Leave a comment
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http://spectator.org/archives/2011/11/30/ambush-election-prevention
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Timothy L. Pennell| 11.30.11 @ 6:28AM
This can be put to bed, TODAY.
Dear Mr. Hayes: RESIGN! Be a MAN, and do it for your Country. We ask Troops to do a lot harder things, than this. RESIGN, NOW.
If Hayes resigns, right now, there's no need to wait for Herr Hussein's fellow Nazi - Becker - to go.
This THING. This Anti-American CREATURE, from the Muslim Schools and Mosques, of Indonesia needs to be STOPPED.
"We need to take this Son of a B**ch out! And bring back an America where we can belong, again." (James Hoffa Jr.)
We're running out of time.
Moe Blotz| 11.30.11 @ 8:01AM
If Brian Hayes resigns, what sort of slug would Barry nominate to replace him? Jon Runyan is my Congressman and I will contact him today about HR 3094.
Timothy L. Pennell| 11.30.11 @ 8:08AM
Anyone he nominates will be BLOCKED, so it doesn't matter who it is. And, he can be prevented from any more Recess Appointments, as well.
Solo| 11.30.11 @ 7:34AM
This country desperately needs a National Right To Work law with strict penalties for obstructing access to the work place or attempting to intimidate those going into their workplace.
If it's good enough for abortion clinics, then it's good enough for everywhere else--particularly as it pertains to one's means of support for themselves and their families.
If the unions are such a great deal then let them compete on a level playing field.
DTOM| 11.30.11 @ 9:14AM
They think they are! This is what they consider to be level!
Al Adab| 11.30.11 @ 2:20PM
The purpose of the union is to monopolize the labor force not to level the field. Think of how much the weekly dues of a few million members add up to and ask where it gets spent. Are not the bosses in the 1%?
DTOM| 11.30.11 @ 6:52PM
Not exactly, the purpose of the union is to exactly what politicians do: take your money and give it to me and my friends.
Really, think about it. That is exactly what they do. Nothing less.
Dimitry Aleksandrovich| 12.1.11 @ 12:09AM
If a National Right to Work Law goes into place ever I will be the first one calling for mass civil disobedience and not of the bongo drumming neo hippie type, but of the type that was seen in the 1930's at the height of the Depression when working men fought, bled and died for the right to collective bargaining. It won't be taken away from us buddy. Our grandparents and great grandparents fought to hard for us to just give it away without one hell of a fight.
Vic| 12.3.11 @ 2:56AM
I will be ready. I refuse to become a slave of union thugs, period.
Dimitry Aleksandrovich| 12.4.11 @ 3:23AM
I refuse to be a slave to the corporate/government complex and I'm ready to do whatever I got to do to keep a roof over my children's heads and food on the table. At least the peasants of old had land to grow their own food and raise livestock. Unless we own farmland we have none of that which means that we are at the mercy of our employers. I refuse to be a slave as well. My grandparents fought for the right to unionize and it will be over my dead body that that right will be taken away by anyone.
martin j smith| 11.30.11 @ 7:34AM
It is time for Radical Counter change. That candidate that stands up to the Thug Obama will win the nomination and the election.
The Paratrooper| 11.30.11 @ 8:57AM
What are America's most corrupt, outlaw organizations? Which organizations routinely embezzle, steal, batter, and injure people? Why my goodness! Could they be the same unions that bankroll the democrats ? Yes my friends, sad but true. Unions should be the targets of frequent, diligent, and massive RICO investigations each and every day of the year. And where the devil is Jimmy Hoffa anyway?
DTOM| 11.30.11 @ 9:17AM
Didja see where the Wisconsin Teacher's Union fired a bunch of their own, unionized employees in complete disregard of the contract the Wisconsin Teacher's Union as employer had with its own employees' union?
These union thugs are the most self-interested, self-dealing people in the country today. Period.
TrueBlue| 11.30.11 @ 2:35PM
When a union needs a union for its own employees that should tell you there is a problem.
Dimitry Aleksandrovich| 12.1.11 @ 12:18AM
What about the international corporations and the Wall Street bankers and their partners in crime (both Democrats and Republicans) on Capitol Hill that have sold us the American Middle Class down the river?! Are they not corrupt as well?! Who do you think brought you quasi-open borders to the South for cheap labor? Who do you think brought you the free trade agreements that have resulted in America's manufacturing base being gutted and millions of American jobs being sent to places like China and Vietnam? Who do you think pushed these damn bank bail-outs on the American public? Who do you think is behind the Federal Reserve printing our money at such a rate that soon it will have the value of toilet paper? Who do you think has plunged us into all these post-Cold War military conflicts in the name of oil contracts, huge defense contracts and of course the reconstruction contracts after the infrastructure of entire nations like Iraq and Libya is blown to bits? The corporate/government complex is where we need the massive RICO investigations. These corrupt bastards have been robbing us blind but still most of my countrymen are gullible enough to think that its the "unions" that are destroying this country. Unbelievable.
Denver Todd| 11.30.11 @ 9:06AM
My company was never nicer to us than during the pre-vote period for unionization. After the vote, not so much. So, I'd say that at least a year should go by before an election takes place. Maybe two or three.
Redstateboy| 11.30.11 @ 9:23AM
I work for a company that screams for a union.. but this is Life in the Land of Hussein these days.. with 7 resumes' in the HR dept. acting as replacements in waiting for each current employee here.. They can treat you like a dog and they do - so speaking as a staunch Conservative, don't be too quick to say everything having to do with a Union is a bad thing.
Warrior | 11.30.11 @ 1:48PM
If the federal government, unions, tree huggers and liberal zealots didn't create such an unfriendly business environment in this country your scenario would be reversed. In a business friendly environment you would have 7 companies in competition for the one qualified resume. I would rather fix the problem than jump in bed with the same unions that are ensuring the problems remain in place and are in fact creating a newer set of problems that will have 14 resumes compteting for that one spot.
Vic| 11.30.11 @ 11:14AM
What else do we expect from the American workers socialist party?
Slacker| 11.30.11 @ 12:04PM
The unions flat robbed the rest of us via Obama’s stimulus and bailouts and they have no shame. I will never forgive the bastards.
At this point, I don’t much care about policy. I’m seeking personal revenge through spending. I now go to lengths to avoid union made products and services. I’d rather support China than an UAW family.
They aren’t my fellow Americans or friends. Not after the bailouts. To hell with them.
Dimitry Aleksandrovich| 12.1.11 @ 12:21AM
What about the bailouts to the banks? By the way the staunch conservative Pat Buchanan supported the bailouts for our automotive industry which is not suprising being that he understands that it is free trade policy that have made American auto makers unable to compete.
Ron| 11.30.11 @ 1:24PM
I worked for the State of Alaska...We were REQUIRED to belong to a Union to work for the State! of course, some divisions were exempt: The Governor's Office, The Legislature 9except lower level clerks), the employees dealing with personnel had their own Union, as did the State Troopers.
The long and short of it is, dues are forced from you, and then funneled to the DemonicRats via the PACS. I could not stand anyone the PACS supported, but I watched my dues go to them, powerless to do anything.
Unions should never, ever have that much control on how a governmental employee and entity can operate.
jagscl| 11.30.11 @ 2:46PM
Government unions should not be allowed.
Mrs.Vito| 11.30.11 @ 1:35PM
Dirty buggers, all of them!!
Jabber3| 11.30.11 @ 1:38PM
Union leadership must be dissembled through legislation dealing with the power of "union bosses". Federal legislation dealing with national "right to work" rules is long overdue. Restricting the union leadership's access to and use of member's dues would limit their power and would be an important first step.
Buck Ofama| 11.30.11 @ 2:27PM
We must exterminate the demorat vermin ASAP.
Freddie Fedup| 11.30.11 @ 2:59PM
11/06/12 cannot come soon enough...good-bye Obama and his minions. Maybe the NLRB can unionize the occupy wall street crowd....they would certainly have a very captive and misinformed audience just the sort of people that can be bought with lies and bribes......
shipley130| 11.30.11 @ 3:15PM
Everyone is lying to Congress these days. All the pretty Obama liars in a row.
Nite| 11.30.11 @ 3:28PM
There should be no public employee unions except for Police and Fire. Union dues (which come from taxpayer money) should be forbidden to be used for political purposes and to elect political figures.
Gordon| 11.30.11 @ 6:22PM
I believe that Hayes should immediately take a medical leave of absence, citing mental fatigue and stress. If they attempt to do anything about it, he can then sue under the Americans with Disability Act. That would be the Gordian knot that lasts until Obama's term is up.
adamcarson | 11.30.11 @ 11:27PM
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adamcarson | 11.30.11 @ 11:27PM
unbelievable. this is so strange that I find it amusing, thanks for sharing :)
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Dimitry Aleksandrovich| 12.1.11 @ 12:04AM
Usually when a workforce attempts to unionize its because they have major disagreements with their employer due on issues such as wages, benefits and workplace safety that the employer just hasn't addressed to the satisfaction of a majority of its workforce. With that in mind why should the employer have any voice in the unionization process? Why should an employer be allowed a timeline to fight unionization. It should be up to the workers if they want a union or not. The only say the employer should have is whether they want to recognize the union or not. If they don't recognize the union there's a strike and its that simple. Right now the corporations have the politicians in their pockets on both sides of the aisle on Capitol Hill and in State houses across this country. What's wrong with the working man being able to decide if a union is needed at his or her workplace or not?
Tx Patriot| 12.1.11 @ 12:04AM
The time has come to flush Democraps down into the sewer system where they all belong.