” National Labor Relations Board lawyers okayed a major union’s practice of paying people to protest against Walmart in a legal memorandum earlier this month. The federal labor law enforcement agency said the practice of paying workers $50 apiece to join protests “did not constitute unlawful … coercion of employees.”
In a Nov. 15 memorandum from the NLRB’s general counsel office regarding the so-called “Black Friday” protests staged by United Food and Commercial Workers against the nonunion retailer last year, the NLRB lawyers determined that the UFCW’s offer of $50 gift cards to anyone who showed up to protest “was a non-excessive strike benefit.”
The lawyers said there was “no evidence to indicate that the gift card was meant to buy support for OUR Walmart” since the card was available not just to the retailer’s employees but to anyone who showed up at the unions’ protests.”
As usual the astroturf party has to bribe their minions to get them to show up .
” What the protests seem to be largely lacking, though, are actual Walmart employees. At events across the country last year, local media struggled to find anyone on the picket lines who also worked at the store. Some events had none at all.”
As we said … The Astroturf Party
” The Supreme Court on Monday waded into a major constitutional clash between President Barack Obama and congressional Republicans that could fundamentally limit a president’s use of recess appointments to fill high-level administration posts.
The justices will review a federal appeals court ruling that found Obama overstepped his authority when he bypassed the Senate last year to fill three vacancies on the National Labor Relations Board.
At issue for the Supreme Court: What constitutes a congressional recess and does it matter when a vacancy occurs?
A three-judge panel of the U.S. Court of Appeals in Washington, D.C., held earlier this year that recess appointments can be made only during the once-a-year break between sessions of Congress. Two judges on the panel also ruled — for the first time — that a vacancy must occur while the Senate is away in order to be filled during the same break.”
Illustration by The Looking Spoon
” An Oklahoma local of the Teamsters Union is disputing recess appointments to the National Labor Relations Board (NLRB), charging that recess appointments were made while the U.S. Senate was not in recess, according to legal documents obtained by The Daily Caller.
“The union disputes that the board is properly and sufficiently constituted, as ‘recess’ appointments (to NLRB) were made when there was no recess,” according to a Dec. 12, 2012 affidavit signed by Teamsters Local 523 President Gary Ketchum. “
Note That This Involves Recess Appointments Made By The Previous Occupant Of The Oval Office . This All Predates Obama And His Recess Appointments But It Is Instructive All The Same As It Highlights A Little Known Fact Of Union Life …. Seniority
“The guy worked at a company that did not have a collective bargaining agreement. This company was bought by a union company, and he didn’t want to belong to the union,” Ketchum told TheDC.
As part of the merger, Rammage was placed at the bottom of the seniority list for the merged unit, while other Dolly Madison employees previously represented by Teamsters Local 523 were placed higher than Rammage on the seniority list.
Interstate Bakeries told Rammage that he lost his seniority because he was not represented by a union.
“All of a sudden he wants to be dovetailed in?” Ketchum told TheDC. “That’s what they’re trying to force now. They’re trying to say that his seniority should be pushed up based on his time with the company ( well DUH ) , ahead of those who were union workers. That’s wrong. His seniority should start back at the bottom.”
Due to his low seniority, Rammage was transferred from his Ponca City facility to a different facility approximately 70 miles from his home, forcing him to move. ”
Definition Of Seniority , Courtesy Of Webster’s New World College Dictionary
(sēn yôr′ə tē, -yär′-)
noun pl. seniorities
the state or quality of being senior; precedence in birth, rank, etc.
status, priority, or precedence achieved by length of service, as in a given job
This puts the Obama administration in an awkward spot . Who’s recess appointments are valid and who’s are not ? Why or why not ? Side with Bush or side with the unions ? Or , and this really isn’t an option in the Obama playbook , admit that both could be wrong ?
“Court strikes down NLRB rule to speed up union elections”
“A federal judge ruled Monday that a contentious union election rule proposed by the National Labor Relations Board (NLRB) is “invalid.”
In an 18-page memorandum opinion, U.S. District Judge James Boasberg struck the regulation down, saying the labor board only had two members when it voted on the final rule in December 2011. Boasberg said the agency needed at least three members to have a quorum for action on the rule.”
Some rarely exhibited common sense has prevailed , although one must note that the judge’s ruling was based on a technicality and not on the merits of the rule enacted by NLRB . All the more reason for a change of administration . It’s time for people that actually contribute to the GDP to have some say in the rules .