Tag Archive: National Labor Relations Board


Meet The Liberals Backing Obama’s Executive Power Play In Labor Board Case

 

 

 

” On Monday January 13, the U.S. Supreme Court will hear oral argument in a major case testing the scope of presidential power.

  What is surprising, however, is that Obama has also received strong support from a leading liberal organization, the Constitutional Accountability Center, a Washington think tank and law firm “dedicated to fulfilling the progressive promise of our Constitution’s text and history.”

  According to a friend of the court brief submitted by the Constitutional Accountability Center on behalf of the federal government in Noel Canning, “crabbed and erroneous interpretations of the Recess Appointments Clause would undermine the scope of a presidential power that is fundamental to the proper operation of the federal government: the President’s ability to make temporary appointments to Executive and Judicial Branch offices when the Senate is unavailable to provide its advice and consent.”

  That view is surprising because it stands in such marked contrast to previous progressive interpretations of the Recess Appointments Clause, most notably that of Democratic Sen. Ted Kennedy of Massachusetts. In 2003, Kennedy filed his own friend of the court brief when the federal courts heard a similar case dealing with President Bush’s purported recess appointment of William H. Pryor to the U.S. Court of Appeals for the 11th Circuit, an appointment which Bush made while the Senate was on an intra-session break, not while it was in recess.”

 

Story continues 

 

 

 

 

 

 

 

Labor Relations Board OKs Unions Paying People To Protest Walmart

 

 

 

” 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 

 

 

 

High Court To Hear Obama Recess Appointments Case

 

 

” 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

 

 

 

 

 

 

 

 

Courtesy Of Steve McLaughlin

 

 

OFA Union Astroturfing

 

 

” Looks like 1199 SEIU found out that people are on to them and their plan to come to Albany to disrupt the rally on the 28th. The link I posted yesterday is now blocked and you have to create an account to see what they’re up to.
I thought the Obama organization was getting involved as well and in a way, it is.
I just called the phone #315-424-1743 on the link below and it answers “thank you for calling 1199 SEIU United Health Care Workers East.”
Think about that. They put the Obama Logo, Organizing for action title up and they’re not the Obama campaign, they are a labor union. The link is from mybarackobama.com
https://my.barackobama.com/page/event/detail/dayofaction/gskwqb

SEIU, since I’m sure you’re snooping on this page and just so you know who it is that’s exposing you, the name is spelled McLaughlin. Assemblyman Steve McLaughlin. How is it that you have that many members who just happen to be off in the middle of the work week? Or, are they getting paid to protest?”

Appeals Court Panel Rules Obama Recess Appointments To Labor Board Are Unconstitutional

 

                                     
Merriam-Webster's Definition of RECESS APPOINTMENT:
 An appointment made by a president of the U.S. under his constitutional powers to fill vacancies when the Senate is not in session subject to later confirmation by the Senate

 

” In an embarrassing setback for President Barack Obama, a federal appeals court panel ruled that he violated the Constitution in making recess appointments last year, a decision that would effectively curtail a president’s ability to bypass the Senate to fill administration vacancies.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said that Obama did not have the power to make three recess appointments last year to the National Labor Relations Board because the Senate was officially in session — and not in recess — at the time. If the decision stands, it could invalidate hundreds of board decisions .

The court said the president could only fill vacancies with the recess appointment procedure if the openings arise when the Senate is in an official recess, which it defined as the break between sessions of Congress.

The ruling also threw into question Obama’s recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray’s appointment, also made at the same time, has been challenged in a separate case. “

Obama’s NLRB Pushes Pro-Union Agenda

 

 

 

” The National Labor Relations Board unleashed a raft of precedent-busting, pro-union decisions soon after President Barack Obama’s reelection in November.

The board’s three Democratic appointees issued rulings that weakened checks on union power, including two high-profile decisions forcing employers to automatically deduct union dues from worker paychecks when contract agreements expire and limiting the ability of employees to exercise theirBeck rights.

“The board is an inherently political institution because it is made up of political appointees,” the Center for Union Facts’ managing director J. Justin Wilson said. “They are constantly overruling themselves. Unlike the Supreme Court, they do not like to overrule existing precedent.” ”

 

 

Teamsters Local Disputes ‘Recess’ Appointments To NLRB

 

 

 

 

” 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

 

seniority

(sēn yôrə tē, -yär-)

 

noun pl. seniorities

  1. the state or quality of being senior; precedence in birth, rank, etc.

  2. 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 ?

 

 … That Labor Unions Don’t Want Workers to Know

 

 

 

 ” However, workers have an option they should know about. The National Labor Relations Act (NLRA) has a provision that may be the best kept secret in labor law. Known as de-authorization, it allows workers to opt out of joining a union as a condition of employment.

It is, quite simply, nearly impossible for workers to get rid of a union once it has been certified as their monopoly bargaining representative. The NLRA does not require an election at the end of a designated term—such as a given time period or after the expiration of a contract—to allow workers to decide whether they want to continue being represented by the incumbent union or not. In fact, some workers may never get the opportunity to decertify a union they don’t want representing them.

In non-right to work states, private sector workers employed in union shops are required to join the union as a condition of employment. If they decide they don’t want the union representing them, their only option is a decertification election, held after the expiration of a contract or a narrow 30-day window near the end of the third year of a contract. The union can circumvent a time window by agreeing to a new contract before the window opens—thus moving the window to the end of the new contract, when they can move it again. “