Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘National Labor Relations Board’

… More Bullying by Unions …

Posted by paulfromwloh on Saturday,May 3rd,2014

.. well , at least what the U.A.W. did at Volkswagen was unsuccessful .

.. unfortunately , there is more to come ..

.. [h/t — theRightScoop]..
.. [link] to the blog news ..

.. the NLRB is making moves to make its ambush election rules effective . Now , with a quorum of 5 full members , they can go ahead and do it . It does not make them right . Not by a long shot , that is for sure …

.. the idea under the law and the rules is to make sure that the labor – management process is as close to ” laboratory ” conditions as is humanly possibly . It is not an exact science , not by any means . No one is perfect . However , it is supposed to be fair to both sides , not only to one side . If it is only fair to one side , then there is no balance , no sense of ” laboratory ” conditions at all …

.. the intent of the National Labor Relations Act (and , as amended) , is to make the union – management process as balanced and as fair as possible . What is also included is that the government is supposed to be an honest broker . With the ambush election rules , especially with forcing companies to turn over personal company info to unions , the NLRB is not being one …

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… Volkswagen blundered on this one [.. trying to aid the UAW ..] …

Posted by paulfromwloh on Tuesday,October 22nd,2013

.. European companies frequently have what are known as “vworks councils . ” It gives unions an even more active voice than they do here in the United States .

.. Contrary to U.S. labor law , which is inherently an adversarial labour – management relationship , the European system fosters a somewhat more collaborative and collegial working relationship . Inherent in the European system , especially in Germany , they have a more activist role in the management of the company …

.. It does not mean that the unions run a German company or a European company , though . It does mean that most day-to-day , and virtually all major decisions cannot be done without strong consultation with the unions , through the ” works council . ”

.. The structure of U.S. labour law does not allow for that . That type of tight labour – management collaboration would be illegal under either the Wagner Act (the National Labor Relations Act) of 1935 , or of the Taft – Hartley Act of 1947 .

… from the Washington Free Beacon
BY: Bill McMorris Follow @FBillMcMorris
October 16, 2013 4:40 pm

Tennessee autoworkers have filed a second set of complaints alleging that Volkswagen’s corporate headquarters pressured employees to join the United Auto Workers Union.

Four autoworkers filed a complaint to the National Labor Relations Board alleging that members of the German-based company’s board of directors threatened to end plant expansion in the right-to-work state if employees did not join a European-style works council.

The support that corporate leaders are lending to the UAW amounts to coercion, according to the complaint filed by the National Right to Work Legal Defense Foundation (NRTW).

“Bernd Osterloh, vice-chairman of VW and head of VW’s global works council, who makes production decisions for VW, said publicly that employees in Chattanooga must form a works council and bring in the UAW as their agent if their plant is going to be given the opportunity to produce additional products for VW,” the complaint states.

“Volkswagen AG through their officers, directors, and/or agents are thus interfering with Chattanooga facility employees’ rights to choose whether or not to engage in self-organization to form, join, or assist labor organizations.”

VW has been urging the Tennessee plant to form a works council, a collaborative labor group that gives workers a direct line of communication to management regarding work conditions. These councils do not typically involve labor unions, which are more adversarial.

UAW officials hijacked the process in September by convincing workers to sign cards that went beyond the formation of works council. UAW regional director Gary Casteel said on Sept. 12 that a majority of 2,500 workers at VW’s Chattanooga, Tenn., plant signed cards endorsing full union organization.

Osterloh is also a member of IG Metall, a German engineering union with close ties to the UAW, in addition to his position as a VW executive. IG Metall pressured VW’s board to form a works council at the start of 2013 and in March lent its support for UAW’s organizing attempts.

NRTW president Mark Mix said that corporate pressure is a two-way street. If companies are not allowed to use tactics like threats to campaign against a union, they should not be able to do so in support of labor groups.

“With reports that Volkswagen is considering Chattanooga to build its new SUV, this is no idle threat,” said Mix.

“If VW management was discouraging workers from joining the UAW with threats, there’s little question that an NLRB prosecution would have already begun at the UAW’s behest.”

One auto expert found VW’s sudden push for unionization suspicious. The company has been expanding operations in countries that offer far more hazardous work conditions and far less worker protections than American plants—without ever calling for the formation of a works council.

“Volkswagen’s expansion plans are focused on China, India, and Russia, three countries where its plants do not operate under works councils,” the source said. “That indicates to me that if Chattanooga unionizes it would be unlikely to benefit from future product expansion. So the real loser here wouldn’t be Volkswagen, so much as American workers.”

VW did not respond to requests for comment.

The four autoworkers are also participating in a separate NLRB complaint against the UAW for using misleading and potentially illegal organizing tactics to gain access to the plant.

.. LEC here — this presumes that one would get a fair hearing at the  N.L.R.B. . At the ObamaCrap NLRB , that is highly in question . It may take taking this legal fight up into the United States Federal Appeals Court for the D.C. Circuit for the ObamaCraps and the NLRB to get the message . Also , for Volkswagen and other European companies .

.. you cannot use your structure or the use of “works councils” to coerce U.S. workers at U.S.-based companies , especially where they presently do not have unions . U.S. law allows them the right to choose , but , also , the right to have unions of their free choice , and the right not to be coerced in their choice .

.. this type and other types of coercion are under attack in the United States . They are of at best questionable and more likely dubious legality . If you give one a fair hearing , and a fair judgement under U.S. labor law , that kind of coercion , or any kind of mutual cooperation between unions and companies is a very big no – no .

.. In recent decades , unions that are seeking to organize companies seek to reach legal agreements in advance of any organizing campaign . The company knows that , if they do not , what is known in the trade as a “corporate campaign” could very well result against the company . The company can and usually does end up remaining non – union , but the cost to the company in expense and lost man – and woman – hours is usually considerable . Many do not always seek to want to continue this kind of fight .

.. What the union seeking to organize does is reach a neutrality agreement with the targeted employer . They thus gain access to the grounds of the employer ‘ s facility , without usually comes with the ususally expensive brawl between the target company and their own employees . The union then has a chance to gain communication with the employees , seeking their legal consent , in the form of a “consent card” that , with a sufficient number , allows the union to become the exclusive bargaining agent for that company , or , potentially , for that industry .

.. What those geniuses do not realize is that they have used what is , in effect , blackmail , as well as coercion , against the employer . The Wagner Act does not prohibit this , but the Taft – Hartley Act does , also creating several new protections for both employees , as well as employers .

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… Ah , No , JohnBoy , you Cannot …

Posted by paulfromwloh on Wednesday,August 14th,2013

.. meaning that you cannot do such ecosocialist things like that , unilaterally .

.. There are some things that one can like about our nation ‘ s environmental laws that I like . One is that it requires a comment period . The ecosocialist agencies cannot avoid the commentary ; They also cannot ignore the comments . They can try to ignore the comments , but they do so at their peril . Also , it requires scientific proof . If there is no scientific proof on an issue , then no soap . There is nothing that can be done . Nothing at all. Also , it requires legal jurisdiction . More on this later ….

.. Ironic that on “Climate Change” that there is no real scientific proof . None whatsoever . Ecosocialist interest groups may try to present so – called “evidence” as proof , but this stuff is nothing of the sort . It has been peer – review , but it has also been independently reviewed , as well , whether they like it or not . And the evidence of “climate change” that is man – made is non – existent . Complete and total .

.. Where so – called man – made “climate change” is concerned , there is a great deal of dispute on whether the environmental law allows legal jurisdiction of it . A ” sue and settle ” action just will not cut it . Now that people are much more wise to the tactic , it will be next to impossible to try to get away with it . Also , the courts are wise to it . They will realize that this stunt is depriving millions of interested parties both substantive and actual due process . Whether the goals are good , or not , the settlement can and should be thrown back in the government ‘ s face .

.. This article from CNSnews shows the extremist arrogance of the ObamaCrap Administration . They think that when they know , or are sure that Congress will not be co – operative , they will try to take action on their own . Much of what they want to do administratively involves taxation , as well as tax law changes . For that one , Congress must be involved . You cannot get around that fact , JohnBoy … No Way ! …

Kerry: Obama Will Act on Climate Change Without Congressional Approval

August 14, 2013 – 7:10 AM

——————————————————————————–

By Susan Jones

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U.S. Secretary of State John Kerry adjusts his earphone during a joint press conference with Brazil’s Foreign Minister Antonio Patriota at Itamary Palace in Brasilia, Brazil, Tuesday, Aug. 13, 2013. (AP Photo/Evaristo Sa, Pool)

(CNSNews.com) – At a joint news conference with his Brazilian counterpart on Tuesday, Secretary of State John Kerry praised Brazil for its commitment to climate change initiatives, and he promised that the Obama administration also is determined to do something about it.

“So the challenge is ahead of us, for all of us, and I know that the United States has a great commitment under President Obama to take our own initiatives, not even to wait for congressional action, but to move administratively in order to do our part. I know we can continue to work with Brazil on this issue of climate, and we look forward to doing so.”

President Obama repeatedly has said he won’t wait for Congress to act — on jobs, recess appointments, immigration, gun control, and other issues — where “we can act administratively without additional congressional authorization, and just get it done,” as he said in October 2011.

Congressional Republicans have done little more than complain about the president exceeding his constitutional authority. One of the most vocal critics is Kentucky Republican Sen. Rand Paul, who told Fox News on Monday that he agrees with those who say that Republicans should sue the president to check his executive overreach:

“I would sue,” Paul told Sean Hannity. “We did sue over the recess appointments (to the National Labor Relations Board). Remember, the president declared a (congressional) recess even though we said we weren’t in recess? And the court has rebuked him severely on this. When it goes to the Supreme Court, I think they’re going to once again say he usurped power that’s not his. We should do the same thing here,” Paul said, referring to Obama’s decision to delay various elements of the new health care law.

On Tuesday, Sen. Paul told Fox News, “The way our country works is, legislation is written by Congress, passed by your representatives. The president doesn’t get to write legislation. And it’s illegal and unconstitutional for him to try to change legislation by himself.”

‘Phase down hydrofluorocarbons’

Back in Brazil, Kerry touted his longtime concern about climate issues, noting that he has “great memories” of his first trip to Brazil for the 1992 Earth Summit in Rio — where he met his wife Teresa.

Kerry said the mission now is “very clear.”

“We need to inspire meaningful reform and action within the Major Economies Forum (on Energy and Climate Change). We need to lead the effort to phase down hydrofluorocarbons in the Montreal Protocol. (Hydrofluorocarbons are “greenhouse gases” used for refrigeration and air conditioning.) And together, Brazil and the United States need to join with other countries in an effort to negotiate a climate agreement in 2015 that is ambitious and flexible and that works for all of us.”

The first question posed to Kerry at the news conference had nothing to do with climate change. A reporter asked him about “this issue of espionage — and if by any chance…the United States will stop spying…”

Kerry told the Brazilian reporter he was prepared to take such a question, and that he would answer it. But first, he urged the people of Brazil to “stay focused on the important realities of our relationship.”

In response to the spying question, Kerry said he wouldn’t discuss “operational issues,” but he did say that “all three branches of the American government have been involved in reviewing” the NSA surveillance program.

He said the Obama administration will continue to discuss the issue — “with a view to making certain that your government is in complete understanding and complete agreement with what it is that we think we must do to provide security, not just for Americans but for Brazilians and for people in the world.

“So I would respectfully say to everybody that the United States, as the president said last Friday, the United States gathers foreign intelligence of the type gathered by all nations in order to protect their citizens, in order to protect our citizens. And our activities are firmly based on law and they are subject to oversight by all of the branches of our government. We are convinced that our intelligence collection has positively helped us to protect our nation from a variety of threats, not only protect our nation but protect other people in the world, including Brazilians.”

Brazilian Foreign Minister Antonio de Aguiar Patriota called concerns about the NSA data-gathering program “legitimate,” and said the “clarification process” is “not an end in itself.”

Kerry, in response, said the U.S. “will guarantee that Brazil and other countries will understand exactly what we’re doing, why and how, and we will work together to make sure that whatever is done in a way that respects our friends and our partners…”

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… the Battle of the Titans (@ the Supreme Court)

Posted by paulfromwloh on Tuesday,July 2nd,2013

the Battle of the Titans

High Court to Hear Obama Recess Appointments Case

.. The Supreme Court stepped into an important constitutional dispute Monday between President Barack Obama and congressional Republicans over the chief executive’s power to make recess appointments .

.. The justices said they will review a federal appeals court ruling [Noel Canning  v N.L.R.B.] that found Obama violated the Constitution when he bypassed the Senate last year to appoint three members of the National Labor Relations Board . It is the latest chapter in the partisan political wrangling between GOP lawmakers and Obama over appointments to the labor board and the Consumer Financial Protection Bureau. Republicans want to rein in both agencies ‘ powers.

.. The Constitution does give the president the power to make temporary appointments to fill positions that otherwise require confirmation by the Senate , but only when the Senate is in recess . At issue for the Supreme Court: What constitutes a congressional recess , and does it matter when a vacancy occurs ? The nature of POTUS ‘ current actions, during brief Senate breaks that Congress explicitly said were not formal recesses, is driving the current legal controversy.

.. The case stems from Obama’s decision to fill the three NLRB vacancies on Jan. 4, 2012 , with Congress on an extended holiday break. At the same time, however, the Senate held brief sessions every few days as part of the Republicans’ explicit strategy . The Senate was forced to do so by the House , by not giving its consent to not meeting for more than three  days .  This  gap in metting is  the commonly accepted definition of a ” recess . ” By doing so  ,both chambers would act to not allow Obama  from filling vacancies through recess appointments.

.. He also used a recess appointment to install Richard Cordray as head of the financial protection agency, which the GOP had blocked for a year and a half.

.. Two of the three judges also said that only positions that come open during a congressional recess can be filled through a recess appointment. The court did not address the issue of how short a break can count as a recess . If it stands, the ruling could invalidate hundreds of board decisions, and call into question the legitimacy of regulations issued by the Consumer Financial Protection Bureau, many of which affect the mortgage industry. The NLRB also would effectively be shut down, because a ruling against the administration would leave the board with only one member, and it needs three to conduct business.

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… the Battle of the Titans (in Court) …

Posted by paulfromwloh on Sunday,June 30th,2013

High Court to Hear Obama Recess Appointments Case

.. The Supreme Court stepped into an important constitutional dispute Monday between President Barack Obama and congressional Republicans over the chief executive’s power to make recess appointments .

.. The justices said they will review a federal appeals court ruling [Noel Canning  v N.L.R.B.] that found Obama violated the Constitution when he bypassed the Senate last year to appoint three members of the National Labor Relations Board . It is the latest chapter in the partisan political wrangling between GOP lawmakers and Obama over appointments to the labor board and the Consumer Financial Protection Bureau. Republicans want to rein in both agencies ‘ powers.

.. The Constitution does give the president the power to make temporary appointments to fill positions that otherwise require confirmation by the Senate , but only when the Senate is in recess . At issue for the Supreme Court: What constitutes a congressional recess , and does it matter when a vacancy occurs ? The nature of POTUS ‘ current actions, during brief Senate breaks that Congress explicitly said were not formal recesses, is driving the current legal controversy.

.. The case stems from Obama’s decision to fill the three NLRB vacancies on Jan. 4,2012 , with Congress on an extended holiday break. At the same time, however, the Senate held brief sessions every few days as part of the Republicans’ explicit strategy . The Senate was forced to do so by the House , by not giving its consent to not meeting for more than three  days .  This  gap in metting is  the commonly accepted definition of a ” recess . ” By doing so  ,both chambers would act to not allow Obama  from filling vacancies through recess appointments.

.. He also used a recess appointment to install Richard Cordray as head of the financial protection agency, which the GOP had blocked for a year and a half.

.. Two of the three judges also said that only positions that come open during a congressional recess can be filled through a recess appointment. The court did not address the issue of how short a break can count as a recess . If it stands, the ruling could invalidate hundreds of board decisions, and call into question the legitimacy of regulations issued by the Consumer Financial Protection Bureau, many of which affect the mortgage industry. The NLRB also would effectively be shut down, because a ruling against the administration would leave the board with only one member, and it needs three to conduct business.

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… Does Dingy Harry have a Death Wish ?!?! …

Posted by paulfromwloh on Thursday,May 23rd,2013

.. Harry Reid has a notoriously unpleasant and pugnacious personality . Well , part of it comes , no doubt , from the fact that he was an amateur boxer . He seems to be still playing the part , especially in politics .

.. All or nothing . The problem is , if you want to get anything done in the United States Senate , it requires a great deal of give and take . With Reid , when you deal with him , it is all give to him , no give to you . The Senate does not work that way .

.. The way that things are going , things are headed for a showdown . More accurately , a gigantic slowdown . Things move slowly

Harry Reid (D-NV), United States Senator from ...

Harry Reid (D-NV), United States Senator from Nevada and Majority Leader of the United States Senate (Photo credit: Wikipedia)

enough , as it is . It is due primarily to Reid ‘ s power plays and manipulation of the system and the rules .

.. Now , he thinks that he can change the rules , with only a majority vote . Un – Uh ! The Standing Rules of the Senate specify that it take a 2/3rds majority of ALL senators present (i.e. , 67 of 100) to enact a change in the rules . Not a 3/5ths majority . Most of all , not a simple majority of 50+1 (w. Vice-President Biden , if needed , in the chair) .

.. What he is aiming at is the filibuster rule . The G.O.P. and a fair number of Democrats have mounted constant filibusters , in counter to Reid ‘ s manipulation of the legislative rules . It also stretches to nominations , especially judicial ones , when there is no , repeat NO consultation at all with the minority . Really dumb idea .

.. On Tuesday, Senate Majority Leader Harry Reid pushed back a vote to confirm Richard Cordray until July. President Obama recess appointed Cordray to head the new Consumer Financial Protection Bureau and needs to be permanently confirmed by the Senate. Senate GOP have blocked confirmation until serious reform of the over-arching new agency is undertaken. The delay in the vote suggests Reid is setting up a summer fight on eliminating the filibuster for Presidential nominations.

.. A Senate Democrat aide told The Huffington Post that the “plan is to wait until immigration is complete before engaging in total all-out nom[ination] fight.” A July fight over nominations would come, presumably, after immigration but before the budget battles expected this fall.

.. On Wednesday, Senate Minority Leader Mitch McConnell angrily denounced the potential move. “These continued threats to use the nuclear option point to the Majority’s own culture of intimidation here in the Senate,” McConnell said.

.. “Their view is that you had better confirm the people we want, when we want them, or we’ll break the rules of the Senate to change the rules so you can’t stop us. So much for respecting the rights of the minority. So much for a meaningful application of Advice and Consent.”

.. Reid has threatened the so-called “nuclear option” to eliminate the filibuster several times in the past. The issue has returned after a DC Circuit Court found Obama’s recess appointments to the National Labor Relations Board were unconstitutional, as Congress was not in recess. The Court threw out all rulings made while these appointees served on the Board.

.. Cordray was appointed at the same time, casting doubt on whether actions taken by his agency under his direction would be legal.

.. Be careful what you wish for , Dingy Harry . Your move would also establish a precedent , however . Future Republican Presidents would also be able to win approval of their nominees with a simple majority vote . The DemoCraps may want to be careful what they wish for.

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… Thomas Perez must be Stopped !! …

Posted by paulfromwloh on Monday,May 20th,2013

..  I feel very strongly in this case . This man is patently unqualified to be in public service , or to hold any office of trust or profit in our country . Unfortunately , the Senate committee handling his nomination has voted it out , along party lines , sending it to the full United States Senate for confirmation . Why he merits this step , I will never understand .

.. in an ideal world , people like Thomas Perez would be out on the street . Unfortunately , we do not live in one . He is currently in a high position in Mr Obama ‘ s Department of Injustice , and now has been nominated for another as the Secretary of Labour . Now , it is the GOP’s turn to act , and act forcefully . ..

.. Normally , he should be fired , and kicked to the curb . Republicans in the U.S. Senate and like – minded Dems should stand up for principle , as well as for solid grounds , and completely block Perez ‘ s nomination . ..

[-] refusal to enforce the law on equal grounds — either we are all equal under the

law , or we are not . We are , and the law should be enforced thusly ,

[-] private e – mail accounts are for private business , not government business .

Especially with FOIA laws , use of them is an act to evade FOIA disclosure . What kind

of skullduggery has been going on ? ,

[-] failure to tell the truth , under oath — numerous times , especially when refusing

to comply with  congressional subpoenas ,  and

[-] Senate prerogatives — presidential gross misuse and abuse of power , regarding the

National Labour Relations Board . Allowing Perez to serve would aid and abet the

Obamacraps in their misconduct , and willful flouting of the law .

= = [added] = =

[-] gaming the system in the case Magner v Gallagher , for the preservation of a faulty

legal theory (disparate impact) , by playing around with legal cases , the Supreme

Court ‘ s docket , and the legal system , as a whole .

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