Damn Our Union Members, “There’s Bigger Fish to Fry”

Why Right To Work Laws Are Important

While Big Labor Bosses continue to pour forced-union dues into campaigns to stop Right To Work freedom, they also continue to shower Barack Obama with forced-dues money even-though Obama just killed a pipeline project that would have created jobs for 20,000 workers, many of which would be union members. If most of their members had the Right To Work, they could stop paying dues and force union officials to pay attention to union member jobs rather playing politics with union families’ income.

From Lachlan Markay’s post:

The Obama Administration’s decision to forego the Keystone pipeline has forced the country’s labor groups into a bitter civil war. At issue is the central purpose of the labor movement: those who feel it should represent workers in the workplace generally oppose the administration’s decision; those who see unions as primarily political organizations have generally supported it.

Unions that had a stake in the Keystone decision were livid that the administration abandoned it, and equally angry at their fellow union members who had supported that decision, according to a Friday report from Politico Pro ($):

“People are p****d,” said one U.S. labor official who supports the proposed TransCanada pipeline. “The emotions are really, really raw right now. This is a big deal.”

“It’s repulsive, it’s disgusting and we’re not going to stand idly by,” Laborers’ International Union of North America General President Terry O’Sullivan told POLITICO. “The rules have changed. So we’ll react accordingly.”…

But other top figures in the labor movement defended the decision. Their argument: re-electing President Obama is a higher priority than preserving union jobs, and to that end, unions had to prevent Republicans from gaining the upper hand on the top political issue of the day. (more…)

Obama Illegal NLRB Appointee Receiving Hefty Union Pension

The Heritage Foundation has discovered that financial disclosure documents from President Obama’s illegal appointees to the National Labor Relations Board “show that one will continue to receive payments from a major labor union during his time on the board.”

From Heritage:

Richard Griffin, the former general counsel for the International Union of Operating Engineers, will receive regular payments under two different IUOE pension plans. The payment amounts are not listed on the disclosure form. He will also receive a single lump sum payment equal to three weeks of salary (one week for each of the three years since he enrolled in the plan). Griffin’s annual salary as the IUOE’s general counsel was $376,778, according to the disclosure form.

In his capacity as general counsel, we have noted, Griffin advanced policies that helped insulate corrupt union leaders from challenge.

Both Griffin and Sharon Block, who was also illegally appointed to the NLRB, filed ethics agreements with the U.S. Office of Government Ethics stating that they will not, in their capacity as NLRB members, participate in matters that might affect their personal finances. Assuming that agreement is adhered to, Griffin’s continued compensation by the IUOE is licit.

From The National Right To Work Legal Defense Foundation press relase:

Worker Advocate Challenges Constitutionality of Obama’s Controversial Labor Board Recess Appointments

Case over controversial NLRB posting becomes first legal challenge to Presidential attempt to make “recess appointments” without actual recess of the Senate

Washington, DC (January 13, 2012) – Today, National Right to Work Foundation attorneys filed a motion in federal court challenging the legality of President Barack Obama’s recent purported recess appointments to the National Labor Relations Board (NLRB).

The legal challenge is part of a larger case attacking controversial new NLRB rules that require every employer to post incomplete information about employee rights online and in the workplace, even if they’ve never violated or been accused of breaking federal law. The NLRB’s posting rules do not require union officials to issue information about workers’ rights to refrain from union membership or opt out of union dues. Currently employers can only be required to post notices if the Board has ruled that a violation of labor law occurred.

The Foundation’s case has been consolidated with other legal challenges to the biased NLRB notice posting rules brought by the National Federation of Independent Business (NFIB), Coalition for a Democratic Workplace (CDW), and two small businesses. Those parties filed the joint motion today raising the issue of the NLRB’s lack of authority to implement the rule given the unprecedented recess appointments.

The new filings in the U.S. District Court for the District of Columbia case comes after NLRB lawyers notified the court that President Obama’s recent recess appointees were now parties in the ongoing legal battle. Under the U.S. Supreme Court’s New Process Steel decision, the NLRB needs three members to act. However three of the five current NLRB members were installed by unilateral Presidential appointment earlier this year, despite the fact that the Senate was not in a self-declared recess.

In the motion papers, Foundation attorneys argue that the controversial appointees to the Board are not legitimate because the U.S. Senate is still in session per the body’s rules, so there was no “recess” for the President to make appointments without Senate confirmation. Therefore the NLRB lacks the necessary quorum to implement the new posting rules. Foundation attorneys are asking the judge to rule on the constitutionality of the three recess appointees.

“President Barack Obama has already shown time and again that he is willing to abuse his executive authority to force more workers into union-dues-paying ranks,” said Mark Mix, President of the National Right to Work Foundation. “Now Obama’s executive abuse jeopardizes the constitutional balance our country holds very dear, all in the name of paying back his Big Labor benefactors.”

The implementation of the NLRB’s new posting rules, originally supposed to be in August of last year, has been twice delayed due to the legal challenge in the Foundation’s case. The rules are currently scheduled to be effective on April 30, 2012.

The National Association of Manufacturers (NAM) is also a party in the case, but is not party to the Foundation’s motion.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in nearly 200 cases nationwide. Its web address is www.nrtw.org.

 

 

Indiana Workers Demand Their Right to Work

From the Wall Street Journal:

The labor reform story of the year is unfolding in Indiana, which Republicans who dominate the legislature are trying to make the nation’s 23rd right-to-work state. Democrats are resorting to the old run-and-hide ploy, but this could be a huge economic boon to the Hoosier State.

Big Labor portrays right to work as a radical change, but it merely lets individual workers decide if they want to join a union. In non-right-to-work states, workers typically must pay union dues once their worksite is organized—whether they want to pay or not. This enhances union clout and the cash to dominate state politics.

Many industrial and manufacturing businesses only consider right-to-work states as locales for expanding their operations. The nearest right-to-work state in the Midwest is Iowa, so Indiana could set itself further apart from such high-tax, unionized havens as Illinois and Michigan.

According to Chief Executive Magazine’s annual CEO survey, Indiana has climbed to sixth from 16th among state business climates, thanks to reforms since 2004 under Governor Mitch Daniels. But the state’s biggest liability remains its labor market. A Forbes survey last year ranked Indiana 34th in business climate, partially because of a dismal 44th rank in labor “supply,” which includes unionization.

Democrats in the state House played hooky for three days last week in an effort to deny a quorum for voting on the law. They returned to work yesterday after Democratic leader B. Patrick Bauer acknowledged that they “can’t stay out forever.” House members face penalties of $1,000 per day for walkouts longer than three days, so the obstruction could get expensive. (more…)

For Fear of Stating the Obvious: Obama shreds Constitution

The former head of the National Labor Relations Board Peter Schaumber is letting the world know that President Obama was willing to shred the Constitution and make “recess appointments” while Congress was in session in order to please the union bosses.

Obama NLRB Actions “Unconstitutional”

Roger Pilon, a constitutional scholar from the CATO Institute, makes a compelling case that President Obama’s outrageous appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau are unconstitutional:

All of Obama’s appointments yesterday are illegal under the Constitution. And, in addition, as too little noted by the media, his appointment of Richard Cordray to head the Consumer Financial Protection Bureau (CFPB) is legally futile. Under the plain language of the Dodd-Frank Act that created the CFPB, Cordray will have no authority whatsoever.

Yesterday, Professors John Yoo and Richard Epstein, writing separately, made it crystal clear that the president, under Article II, section 2, may make temporary recess appointments, but only when the Senate is in recess. Add in Article I, section 5, and it’s plain that the Senate is presently not in recess, just as it wasn’t under Senate Democrats when George W. Bush wanted to make recess appointments. The difference here is that Bush respected those constitutional provisions while Obama — never a constitutional law professor but only a part-time instructor – ignores them as politically inconvenient. Attempts by Obama’s apologists to say the Senate is not in session are pure sophistry and, in the case of Harry Reid, rank hypocrisy, as this morning’s Wall Street Journal brings out.

But clear beyond the slightest doubt is the language of the statute (itself unconstitutional on any number of grounds not relevant here). As my colleague Mark Calabria wrote yesterday, “authorities under the Act remain with the Treasury Secretary until the Director is ‘confirmed by the Senate.’”  A recess appointment, even if it were constitutional, is not a Senate confirmation. There is simply no wiggle room in that language that gives Cordray any authority, as litigation will soon make plain. (more…)

From the National Right to Work Legal Defense Foundation:

Worker Rights Advocate Blasts Obama’s Unprecedented Recess Appointments to the NLRB

The President’s legally dubious NLRB recess appointments pave the way for another year of forced-unionism giveaways

Washington, DC (January 4, 2012) – Mark Mix, President of the National Right to Work Legal Defense Foundation, issued the following statement in response to President Obama’s unprecedented NLRB recess appointments:

“Obama’s recess appointments to the NLRB, despite there being no formal recess of Congress, show just how much this Administration is in the pocket of Big Labor. In the last two years the Obama Labor Board has repeatedly enacted one power grab after another on behalf of union bosses, to the detriment of the rights of individual employees – especially those who wish to refrain from union activities. The President’s legally dubious NLRB recess appointments pave the way for another year of forced-unionism giveaways.

“Union bosses know their coercive agenda is overwhelmingly unpopular with the American people, which is why they’ve turned to unelected administrative agencies like the NLRB to push through much of what they cannot get through Congress. That’s what makes these appointments all the more offensive in the face of Congress affirmatively taking action to block recess nominations.”

National Right to Work Foundation staff attorneys are already exploring possible legal challenges to these unprecedented recess appointments in defiance of Congress.