Marathon Pundit: Obama's 2nd NLRB--same as the first, a union shill

Wednesday, May 30, 2012

Obama's 2nd NLRB--same as the first, a union shill

Second verse, same as the first.
"Henry the Eighth, I am," by numerous artists.

President Obama's second National Labor Relations Board is the same as the first, the Workforce Fairness Institute's Fred Wszolek writes.

Well, the shoes of the first Obama NLRB fit nicely on the second.

Two weeks ago, the second Obama board issued a decision that flatly ignores the law of the D.C. Circuit that was crafted to protect workers from being forced to accept the results of an election held long ago for employees who no longer work for the employer. According to the court, substantial employee turnover during a long delay between the date the union wins an election and the date the NLRB certifies the election results presents the "obvious danger" of a "bargaining order entered to vindicate the rights of past employees [that] will infringe upon the rights of current ones to decide whether they wish to be represented by a union."

"Too bad" (in so many words), says the current NLRB. The case, Independence Residences, languished before the board for 10 years and none of the delay was attributable to the employer. The employer argued that a bargaining order was inappropriate because of its 191 current employees only 26 voted in 2003 union election. The NLRB "reject[ed]” the employer’s argument because that is not a circumstance recognized by "our law."

Unfortunately, this case may never make it to the D.C. Circuit because it appears the employer's argument was not supported through the introduction of hard evidence. Nevertheless, we look forward to the next Obama board decision on this issue making its way the D.C. Circuit. The employer or the workers seeking to vindicate their rights should bring to the court's attention the remarkable superciliousness demonstrated by the NLRB toward it's law.