The National Labor Relations Board (NLRB) continues to mandate workplace policy that favors labor unions over America”™s private-sector businesses.
Businesses are concerned that the NLRB, an appointed body that”™s unaccountable to voters, sided with unions in several recent cases involving rules for organizing in the workplace:
- Specialty Healthcare: The board”™s decision in this health care case opens the door to the formation of “mini-bargaining units” in many other industries. The unions”™ aim is to grow by isolating and organizing segments of employees within a business who are pro-labor.
- Lamons Gasket: NLRB”™s decision in this case takes away the right of employees who are opposed to a union simply to challenge the results of a “card-check” vote. Unions want card-check votes to replace secret ballot elections in the workplace.
The NLRB also proposed radically shortening the time it takes to conduct secret-ballot elections, in order to limit employers”™ right to communicate their views on unionization to their employees.
- UGL-Unicco Service Co.: Under this decision, when a company is sold, the new owners of the business, its employees or any other unions are significantly blocked from challenging the entrenched, incumbent union.
The NLRB also finalized a rule, beginning in November, requiring employers to post a notice about employees”™ right to unionize. The board says the notice must state that “employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities.”
The ruling is a stretch for the board, which is not authorized by the National Labor Relations Act to mandate such a posting.
In its most public battle this year, NLRB attacked Boeing Co. for allegedly illegally shifting unionized aircraft production work from Washington state to a new, nonunion plant in South Carolina, siding with union members who said Boeing was trying to punish them for past strikes.
Boeing, which operates many plants throughout the U.S., is creating 2,000 jobs at the $1 billion South Carolina plant that are now on hold because of the NLRB.
According to The Wall Street Journal, “With the nationwide unemployment rate topping 9%, Boeing and political leaders in South Carolina have portrayed the NLRB action against the company as an attack on job creation.”
U.S. business groups are alarmed by the one-sided NLRB policymaking.
“The NLRB has been pursuing an aggressive agenda that will harm our economic growth at a time when manufacturers should be leading the economic recovery,” says the National Association of Manufacturers.
“The one common theme throughout these cases,” says U.S. Chamber of Commerce Senior Vice President of Labor Randel Johnson, “is that they were decided in favor of keeping the unions in power and blocking the ability of employees to challenge whether or not the unions still enjoy majority status.”
Kia Murrell is an assistant counsel with the Connecticut Business & Industry Association, specializing in labor and employment issues. Reach her at Kia.murrell@cbia.com.
