Marathon Pundit: NLRB overreach, downgrade edition

Tuesday, August 09, 2011

NLRB overreach, downgrade edition

The downgrade of our credit rating by Standard & Poors is related not only to debt, but our sluggish economy. The anti-prosperity actions of radicalized agencies, such as the Obama-controlled NLRB, is playing a role in our 21st century malaise.

From the Wall Street Journal--paid subscription required:

Government encroachments typically come as a wolf in sheep's clothing, Justice Antonin Scalia once observed, but occasionally they are brazen—then, the "wolf comes as a wolf." The Obama administration recently proposed a pair of rules to help unions win workplace elections. One rule is obviously a wolf. The other is a pretty creepy looking sheep.

The "wolf" is a proposal of the National Labor Relations Board (NLRB) to enable unions to force organizing elections with as little as 10 days' notice. Critical issues governing the election—such as which employees may vote—would be determined in a hearing just a week after the union petitions for a vote.

The company, which often will not even know a labor lawyer, would also have one week to prepare a hearing statement addressing such arcana as "the Board's jurisdiction to process the petition; the appropriateness of the petitioned-for unit; . . . [and] the existence of any bar to the election." In the same week, the company would have to learn its rights and responsibilities under the labor laws, prepare for the hearing and launch its campaign for the upcoming election. Oh—it has a business to run too.

And the union? Its business is organizing. Often, paid organizers have been working behind the scenes for months, awaiting the opportune moment to spring their election demand.

Back to the FAA Reauthorization bill. From The Hill:

Democrats accused House Transportation and Infrastructure Committee Chairman John Mica (R-Fla.) of putting cuts to rural airport subsidies in the short funding bill for the Federal Aviation Administration in retaliation for Democrats objecting to labor provisions in a larger bill for the agency, but Mica said Friday that all options would be on the table in future negotiations.

The bill that was passed Friday morning to end the partial shutdown of the FAA, which resulted in 4,000 workers being furloughed for nearly two weeks, only funds the agency through Sept. 16.

"The American people have witnessed firsthand how truly difficult it is to bring about even modest reforms and cut wasteful programs in Washington, like $3,720 individual airline ticket subsidies," Mica said of the temporary fix in a statement. "After an absolutely unnecessary two-week delay, and after having imposed hardship on FAA employees, airport construction workers and the American economy, the partial shutdown of our aviation industry will end."

Mica said that when Congress comes back from its August recess, the timing of which had made it look as though the FAA would be shut down for a month, lawmakers should pass a longer bill for the beleaguered agency.

Meanwhile, Big Government says that the Obama administration is attempting to regulate its way out of the recession. That won't work. But the Republicans have a plan. Once again, from The Hill:

After focusing for months on the deficit, Republicans are preparing a 'jobs' pivot of their own in September by moving to roll back and limit new federal regulations.

Congressional Republicans and aides confirmed that regulations are going to be at the top of the GOP agenda next month as the party looks to counter the White House's drive for jobs legislation addressing taxes and infrastructure.

When the Department of Labor announced Friday that only 117,000 jobs were created in July, GOP leaders quickly cited burdensome regulations as a main culprit.

"We've got to take a real look at what we can do in Washington, number one, to remove the regulatory burdens that are in the way of entrepreneurs and investors, so that jobs can be created again. And we have to look at policies that affect small business people and the middle class," House Majority Leader Eric Cantor (R-Va.) told CNBC.