Back Door Card Check

A warning from the Wall Street Journal worth reprinting:

As Big Labor has realized it won’t get “card check” legislation through Congress, it is turning to its secret weapon inside the Obama Administration—labor lawyer Craig Becker. And as many Senators feared when he was nominated, Mr. Becker is using his position on the National Labor Relations Board to bypass the will of Congress.

President Obama gave Mr. Becker a recess appointment in March after Senate Democratsrefused to confirm him to the NLRB, the agency charged with fairly overseeing union elections. As a top lawyer for the Service Employees International Union, Mr. Becker had suggested that the NLRB has the legal authority to impose card check—which eliminates secret ballots in union elections—without the approval of Congress. And lo, at the end of August the NLRB dropped the bombshell, when, in a 3-2 decision, it decided to revisit its important 2007 Dana Corp. ruling.

Card check is a top labor priority because it allows a workplace to be organized if 50% of workers at the site sign a union card. Without a national law, unions have tried to persuade individual businesses to allow card check rather than secret ballots, and some have gone along.

When a workplace is organized after a secret ballot, workers are barred from a vote to “decertify” the union until after the first negotiated contract expires. In its Dana decision, however, the NLRB recognized that card check was an inferior substitute to secret ballots. It therefore held that when a company recognized a union via card check, workers had the right to force an immediate secret vote on whether they really wanted to join that union.

The Dana ruling is about protecting workers from union harassment. And if card check is as popular as unions claim, labor leaders should have no problem letting workers vote to ratify or reject a card-check process. As NLRB member Peter Schaumber, a Bush appointee, noted in his dissent to the NLRB decision to revisit the case, the Dana ruling has in no way chilled the current card-check process. [click to read more at the Wall Street Journal]

Obama Tips His Hand

The president claims he is doing everything possible to create jobs while quietly handing Big Labor union bosses the tools they need to destroy jobs.

Katie Gage, writing in the Daily Caller, takes note:

Earlier this week, President Obama confirmed what small business leaders and concerned workers fear most: that he will spare no effort to achieve Big Labor’s goals.  The president admits that labor’s top priority, the job-killing, rights-stripping Employee ‘Forced’ Choice Act (EFCA), does not have the votes it needs to pass in the Senate.  And with his own words, the president acknowledged that he has unambiguously aligned himself with union bosses seeking to bypass Congress and cram their priorities down the throats of the American people.

“What we’ve done instead [of getting EFCA passed in the Senate] is try to do as much as we can administratively to make sure that it’s easier for unions to operate and that they’re not being placed at an unfair disadvantage,” Obama said.

AFL-CIO Boss Trumka’s Lame Duck Threat

Remember the words:  lame duck session.

If Republicans win the House or Senate, big labor will call in their final chit and demand passage of the Card Check Forced Unionism bill and Boss Trumka isn’t denying it:

On the C-SPAN “Newsmakers” show he was asked whether the Employee Free Choice Act will be considered in Congress this year.Trumka said: “I think you’ll see the Employee Free Choice Act come up again. I think you’ll see it probably before the end of the year.  Before the elections or in a lameduck session? Trumka: “Either one.”

Card Check this Year?

Sen. Claire McCaskill (D-Mo.) says senators are “still negotiating.”

From The Hill:  

McCaskill said that while senators were still negotiating the Employee Free Choice Act (EFCA), a controversial bill to reform union organizing rules, it was unlikely to even include the actual “card check” provision itself, which has been the subject of malign by conservatives and business groups.

EFCA was a top priority of the labor community heading into last year’s Congress, but the emergence of a series of Democrats to have questioned some of its provisions, along with timing issues on jobs and healthcare legislation, had left the bill on the backburner. 

“I think there’s a lot of negotiation that’s going on about card check,” McCaskill said.

The American Spectator’s Jeremy Lott steps up with a column about America’s newest economic wrecking ball — Obama National Labor Relations Board (NLRB) appointee Craig Becker.

Does Barack Obama want to wreck the American economy? That’s one obvious and troubling question raised by his recess appointment of Craig Becker to the National Labor Relations Board.

People who know anything about labor law are extremely worried about this decision. Appointing Becker to the NLRB is a bit like assigning the fox to guard the hen house — if chicken were an endangered species.

The president’s political calculus was simple enough. The union bosses wanted Becker, and Obama wants the unions’ support in the midterm elections. Becker is a lawyer who has represented both the AFL-CIO and the SEIU (and, by extension, ACORN). He is at the leading edge of radical labor opinion.

To wit, Becker helped to pioneer the idea of card check that unions so desperately want to pass. This change in labor law would effectively substitute the public clipboard for the private ballot box, which Becker has disparaged as being “profoundly undemocratic.”

Card check is deeply unpopular and is not likely to be passed by Congress, but Becker may have a way around that. He has hinted that the NLRB may be able to impose changes on the way unionization elections are conducted without Congress legislating any changes in labor law. He has also advocated that companies not be allowed to participate in NLRB hearings or contest election results, and that they not be allowed to have observers at the polls to challenge ballot fraud.

Becker wants this pro-union tilt to labor law because he believes that all Americans should be represented by unions, whether they like it or not. He has written, “Just as U.S. citizens cannot opt against having a congressman, workers should not be able to choose against having a union as their monopoly-bargaining agent.”

Congress saw that Becker on the NLRB would be a one-man card check bill.

Union Agenda Advances without Votes in Congress

Despite failing legislatively to gain enough votes for the Big Labor agenda in Congress, the union boss power grab is proceeding administratively according to investigative reporter Kevin Mooney.

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