NLRB dictates Boeing operational plans
posted at 8:48 am on April 21, 2011 by Ed Morrissey
I’ve heard plenty of people dismiss Atlas Shrugged (the book as well as the movie) as overwrought, contrived paranoia about the regulatory state. The government can’t run companies through its regulatory system, critics scoff, no matter what a Russian ex-patriate thought more than 50 years ago. No one is marching into manufacturers in the US and telling the Hank Reardons of the world what they can build and where.
In 2009 Boeing announced plans to build a new plant to meet demand for its new 787 Dreamliner. Though its union contract didn’t require it, Boeing executives negotiated with the International Association of Machinists and Aerospace Workers to build the plane at its existing plant in Washington state. The talks broke down because the union wanted, among other things, a seat on Boeing’s board and a promise that Boeing would build all future airplanes in Puget Sound.
So Boeing management did what it judged to be best for its shareholders and customers and looked elsewhere. In October 2009, the company settled on South Carolina, which, like the 21 other right-to-work states, has friendlier labor laws than Washington. As Boeing chief Jim McNerney noted on a conference call at the time, the company couldn’t have “strikes happening every three to four years.” The union has shut down Boeing’s commercial aircraft production line four times since 1989, and a 58-day strike in 2008 cost the company $1.8 billion.
This reasonable business decision created more than 1,000 jobs and has brought around $2 billion of investment to South Carolina. The aerospace workers in Puget Sound remain among the best paid in America, but the union nonetheless asked the NLRB to stop Boeing’s plans before the company starts to assemble planes in North Charleston this July.
The NLRB obliged with its complaint yesterday asking an administrative law judge to stop Boeing’s South Carolina production because its executives had cited the risk of strikes as a reason for the move. Boeing acted out of “anti-union animus,” says the complaint by acting general counsel Lafe Solomon, and its decision to move had the effect of “discouraging membership in a labor organization” and thus violates federal law.
Ah, that must be the Anti Dog-Eat-Dog Law, or one of the Fairness Laws, or something, right? The WSJ isn’t sure what law the NLRB is talking about, either. Not only do businesses routinely relocate to find the most advantageous environment possible, states and cities compete for that business by calculating their business climate. If this has escaped the notice of the NLRB, perhaps they should get out more.
Workers have the ability to collectively bargain for wages, benefits, and working conditions in the private sector if they desire. If they make their labor too costly and businesses can conduct their operations elsewhere, then they have the right to do so, too. The government has no legitimate role in forcing business owners to be hostages to their workforce. If the workers price themselves out of their jobs, then they need to deal with the consequences. The ability to collectively bargain does not include a guarantee of a job.
Otherwise, we all pay higher prices for the same product or service — and for Boeing, which competes against the EU’s Airbus, it will mean lost sales and less work altogether in the US. Prices of flying will increase, while the taxes that flow from both employment and sales will decrease. Nor will it end there. Such a decision will lock businesses in their present locations and give local and state governments carte blanche to hike taxes and fees, secure that business owners won’t be able to vote with their feet — and leave taxpayers holding the bag when businesses go under and capital stops flowing to the US for investment.
But, you know, that Ayn Rand was a nut, or something.









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War !!!
jake-the-goose on April 21, 2011 at 8:50 AM
Surely this cannot survive court challengers.
angryed on April 21, 2011 at 8:51 AM
But, you know, that Ayn Rand was a nut, or something.
======================================================
***********BLASPHEMER********************************
(Kidding):)
canopfor on April 21, 2011 at 8:51 AM
I think I found something else we can cut out of the budget.
BadgerHawk on April 21, 2011 at 8:53 AM
Companies will do this.
XYZ, Inc. of Washington will dissolve.
XYZZ, Inc. will form as a brand new company in S. Carolina.
Taaa dahhh!!
angryed on April 21, 2011 at 8:55 AM
Commerce Clause!!
darwin-t on April 21, 2011 at 8:55 AM
If your Boeing…Your Going!
b1jetmech on April 21, 2011 at 8:55 AM
If this can be done then why couldn’t the feds stop a business from relocating for any reason, or from simply shutting the doors?
Buggy whip factory workers unite.
Bishop on April 21, 2011 at 8:55 AM
How about “McDonnell Douglas” ?
b1jetmech on April 21, 2011 at 8:56 AM
NLRB (and other reg agencies) are the Storm Troopers of President Palpatine and his efforts to bring the Republic into submission to his will.
PappyD61 on April 21, 2011 at 8:56 AM
What Boeing’s response to NLRB should be: F**k you
The federal government has lost any authority it once had and should it’s dictates be ignored and the government should be ridiculed non-stop.
Wine_N_Dine on April 21, 2011 at 8:58 AM
AS Hank Reardon said…
Just tell them No!
And get on with it
golfmann on April 21, 2011 at 8:58 AM
I’ve had OSHA in my plant, so yes, I know that the gov can and does try to run companies through their regulatory institutions.
Free Indeed on April 21, 2011 at 8:58 AM
Add NLRB to the chopping block list
The List:
EPA
DOE(engergy)
DOE(education)
and the list goes on…
b1jetmech on April 21, 2011 at 8:58 AM
In Atlas Shrugged, Wesley Mouch, Top Co-ordinator of the Bureau of Economic Planning and National Resources, issued a set of directives that prohibited all manufacturing establishments from moving from their present locations — except when granted a special permission by the Bureau.
aunursa on April 21, 2011 at 8:58 AM
Why don’t the NLRB take on the construction companies who are paying illegal workers 40% lower wages than they should be paying legal workers? Jobsites are manned and the unemployment office is overran.
darwin-t on April 21, 2011 at 8:58 AM
Commerce Clause!
General Welfare!
Blah blah blah
It’s not hard to find a socialist judge.
gwelf on April 21, 2011 at 8:58 AM
That is why I like Ayn Rand and Glenn Beck, Without claiming it they see the future. They both link the dots. They are warning sirens not profits. Big picture thinkers.
IowaWoman on April 21, 2011 at 9:00 AM
True. I meant more like it can’t survive SCOTUS. Although Boeing is now HQed in Chicago, not Seattle. So the appeal wouldn’t go to the 9th. Anything other than the 9th and I can’t see an appellate court ruling for this.
angryed on April 21, 2011 at 9:01 AM
This kind of sh!t has to be reigned in, pronto.
karenhasfreedom on April 21, 2011 at 9:02 AM
I forgot to add: They both want to be wrong!
IowaWoman on April 21, 2011 at 9:02 AM
After the crap in Wisconsin – this is not going to go over well.
If I were Boeing I’d tell the NLRB to take a flying leap and go to SC anyway.
gophergirl on April 21, 2011 at 9:03 AM
We need to break up that 9th disrict court. Isn’t it really big compared to the other ones? We need to do that when a conservative is in the oval office so we get the right judges to balance that bench.
Good thing Boeing is HQ’d in Chicago. When did they do that?
karenhasfreedom on April 21, 2011 at 9:03 AM
And some people have the audacity to point out that most unions are really fascist/socialist front organizations even if the average member isn’t.
gwelf on April 21, 2011 at 9:05 AM
Makes me think of Studebaker. They survived by switching from making horse drawn buggies to automobiles. Only to be slowly driven out of business by the unions. There are several different lessons about survival to be learned hear. Each with a different ending.
Tommy_G on April 21, 2011 at 9:06 AM
Next step: All Boeing products must be approved by the Feds before being approved for manufacturing.
Badger40 on April 21, 2011 at 9:06 AM
Washingtonians … meh. I think my Carolinian brothers and sisters to the south ask the folks in Washington if they’d like to settle this matter outside.
We need some fighting. Americans are becoming pansies. Nothing like a good punch in the face to wake you up!
j_galt on April 21, 2011 at 9:08 AM
And this is working? They have actually stopped production in S.C.? How long will it take to get this overturned?
Cindy Munford on April 21, 2011 at 9:09 AM
To my admittedly amateur ears, this sounds perilously close to FDR’s NRA, which was ruled unconstitutional unanimously by the Supreme Court. I can’t believe this ruling would stand on appeal. The question is only how much hardball Boeing is willing to play, and, with billions of dollars on the line, I’m sure they will.
jwolf on April 21, 2011 at 9:10 AM
I love Studebakers.
Cindy Munford on April 21, 2011 at 9:10 AM
And then, thanks to this, XYZZZ, Inc. will re-locate to Mexico.
katy the mean old lady on April 21, 2011 at 9:12 AM
Nest step: The Fed Govt mandates any & all products manufactured by Boeing.
Next Step: All workers become govt employees.
Next Step: Workers are considered quasi-military & may not:
Strike unless the govt has ordered them to do so
Call in sick
Must live on the job site
Must wear the appropriate uniform
Must take & purchase all meals from the govt canteen
I really could go on.
But I prefer not to reveal too much of the future.
Badger40 on April 21, 2011 at 9:12 AM
With Wesley Mouch as president, what do you expect?
flyoverland on April 21, 2011 at 9:12 AM
No Virginia, I have no idea why Asia is kicking our @$$. Especially when we have the greatest class of Poli Sci retards in the world, being churned out of our universities, to decide where plants should be built, as opposed to backwards Asia, where business people are allowed to make such decisions.
MNHawk on April 21, 2011 at 9:13 AM
Over the years, I’ve heard/seen countless people say how unrealistic Rand and Beck are. No way could those things happen. And then they happen.
Never do those people who poo-poohed these Cassandras acknowledge that they were correct. They just keep mocking them as “fearmongers” etc.
The Monster on April 21, 2011 at 9:13 AM
Studebaker Starlight! Woo hoo!!
katy the mean old lady on April 21, 2011 at 9:13 AM
Between the TSA discouraging travel and the unions discouraging building, Atlas the movie is more prophetic than the book itself.
fossten on April 21, 2011 at 9:13 AM
Fascism. If it were socialism, the government would own Boeing. Instead, we have a private business that’s being micromanaged by the government. It’s fascism. Look at early day Mussolini, when he split from communism.
rbj on April 21, 2011 at 9:14 AM
Good point. Does this mean we have thousands of newly laid off people, because of this decision? I take it, this plant was in production, now, and was just shut down.
MNHawk on April 21, 2011 at 9:15 AM
Cosmic thread.
My son owns a 1950 Studebaker Champion, starts work for a non-union railroad next week, and we saw Atlas Shrugged together last night.
tomg51 on April 21, 2011 at 9:20 AM
Green light for the unions to demand whatever they desire and know the NLRB will back them up.
364 paid vacation days per year.
75% of company profits given to the union.
3.5 workday with 2.5 hours for lunch.
Every worker provided with a company car.
______________fill in the blank.
Yeah it’s stupid but really, what’s to keep the union from making outrageous demands?
Bishop on April 21, 2011 at 9:22 AM
Yeah but since SC is a red state, it’s all good.
– crr6, Ernesto, Paul Krugman
angryed on April 21, 2011 at 9:22 AM
My economics teacher told me years ago that companies that have unions, deserve them. As a FORMER Boeing employee I hole heartedly agree. Boeing deserves the most inflexible onerous union there is. A pox on them.
Kuffar on April 21, 2011 at 9:22 AM
Greedy thug government at its best! If Boeing is blocked in South Carolina, why not simply go to China?
In fact what is to stop companies like Boeing from registering their companies in more friendly foreign countries and moving entirely? Hello Canada, would you like to be the home of Boeing? Why is Exxon still a US company when the US government is trying to destroy them? Doesn’t their primary obligation to stockholders require that they set up in the country most conducive to profits?
slickwillie2001 on April 21, 2011 at 9:22 AM
What surprises me about this is that Obama did this to Boeing. Typically Chicago thug politicians treat Chicago based companies a little nicer.I guess the last donation to the 2012 campaign from the CEO wasn’t fat enough.
angryed on April 21, 2011 at 9:24 AM
Boeing has a problem in that it might not be able to get its defense contracts if it isn’t officially a US company.
Count to 10 on April 21, 2011 at 9:25 AM
What, they didn’t think you were worth as much as you think you are?
Count to 10 on April 21, 2011 at 9:26 AM
It does happen. Haliburton moved their HQ offshore. Microsoft now employs more people outside the US than inside and pretty much every new facility they build is outside the country. Every new law or decision like this drives out tens of thousands of jobs.
angryed on April 21, 2011 at 9:27 AM
The money quote from the NLRB suit:
And I’m not certain why they think NLRB V. GISSEL PACKING CO., INC., 395 U. S. 575 (1969)(which was about union card eligibility has anything to do with it. Also Boeing had tried to bargain with the union over this but was rejected…so again I’m not sure this NLRB claim will hold water. And why did they and the union wait until the plant was built?
Deanna on April 21, 2011 at 9:28 AM
Unless, of course, it is a Communist government.
percysunshine on April 21, 2011 at 9:28 AM
Nice connection Ed. FYI – It’s “Rearden.”
elcapt on April 21, 2011 at 9:29 AM
After Obama nationalized the automakers and bullied and defrauded the secured creditors to give ownership to the unions, nothing his administration does to destroy business surprises me. The only thing that surprises me is that the citizens of the US accept this thuggery.
obladioblada on April 21, 2011 at 9:30 AM
Did you expect anything less from the owner of Twentieth Centu…er, Government Motors?
steveegg on April 21, 2011 at 9:31 AM
Filed under: You get ‘em girl and Union Wants a “Do Over”. Delicious.
Waah.
tree hugging sister on April 21, 2011 at 9:32 AM
If I were Boeing, I’d quit. I’d say to the general public that Boeing will run Boeing like Boeing wants to, and if that can’t happen, we’ll just shut down.
That would put the USG in an interesting pickle. They’d have to unconstitutionally seize and operate Boeing due to defense requirements.
“I’m leaving it as I found it. Take it. It’s yours.” — Ellis Wyatt
allanbourdius on April 21, 2011 at 9:32 AM
Yup. Boeing had no problem throwing its weight around to get that air refueling tanker contract a few months ago.
You lie down with dogs, you wake up with fleas.
rockmom on April 21, 2011 at 9:34 AM
Yep. But the people can’t possibly accept that the USA currently is fascist. He$$, people still think we live in a Constitutional Representative Republic! Good stuff. I would say you can’t make this sh$t up, but Rand did.
j_galt on April 21, 2011 at 9:35 AM
Too politically hot. Opponents could say “it’s the fascist FDR all over again”. A better way to do it would be to reassign states so that the 9th only covers California, based on their population. All other states covered by the 9th would get thrown into another court. Let the 9th rot along with California.
slickwillie2001 on April 21, 2011 at 9:35 AM
Progressive Politics of Punishment!!
canopfor on April 21, 2011 at 9:37 AM
(You are spot on. While rooting for them in this instance, as a Gulf Coast resident, that whole tanker episode frosted my hide.)
tree hugging sister on April 21, 2011 at 9:37 AM
You know, I don’t really listen to Beck much anymore. But I know for a couple years now he’s been saying this regularly.
“You’re going to wake up one morning, and you’re not going to recognize your country anymore.”
Sadly, this is yet another thing Beck was right about.
Chris of Rights on April 21, 2011 at 9:39 AM
That’s not really related, you know.
Count to 10 on April 21, 2011 at 9:43 AM
I say that Boeing should just shut the Puget Sound operation down altogether instead of appeasing the union by keeping that plant operational for no real good reason. Shut it down and leave WA completely. They already moved their headquarters to Chicago (why Chicago? No telling…) and should just thumb their noses at the union greed.
Big John on April 21, 2011 at 9:46 AM
To add on, Boeing should just follow the Obama lead and ignore any court order…
Big John on April 21, 2011 at 9:48 AM
That’s because it’s very softcore fascism. There isn’t the strident militarism of Mussolini (leaving alone the other guy, who we don’t need to touch.) The focus of Dear Liar is economics alone. And he doesn’t want to be responsible for any business failure, which is why he doesn’t want to actually own them. Successes, he’ll claim credit for with wise economic policies. Failures are other people’s responsibilities.
rbj on April 21, 2011 at 9:49 AM
Why don’t the union then start their own airplane factory?
When I searched for Iowa University through Bing the suggestions were:
iowa unemployment
iowa university
iowa unemployment office
iowa unemployment claims
iowa unemployment extension
davidk on April 21, 2011 at 9:52 AM
NLRB’s recent Obama appointee, Craig Becker, was formerly the general counsel to SEIU.
sandspur on April 21, 2011 at 9:53 AM
But I thought fascism meant armbands funny German accents?
/crr6 and very other liberal moron.
tetriskid on April 21, 2011 at 9:53 AM
Probably nothing citizen… now no more questions.
tetriskid on April 21, 2011 at 9:53 AM
Response from Boeing:
In a major move today, Boeing announced plans to relocate all of its facilities, including its Chicago-based Headquarters, to new locations outside of the United States.
Boeing spokespersons said the move was due soley to the socialist regime currently in power in the United States.
BobMbx on April 21, 2011 at 9:58 AM
Fox just reported that 54% of GE’s workforce is now offshore. Do the unions have a problem with that fact?
Naturally Curly on April 21, 2011 at 9:58 AM
More proof that democrats and their union cronies don’t give a dam# about the American worker and the success of our economy….it’s all about consolidating their power.
Stalin would be so proud of today’s democrats…
…….Lincoln…not so much.
Baxter Greene on April 21, 2011 at 9:58 AM
Power grabbing has become a pattern with this administration. Just look at all the powers Homeland Security has been given, without a single piece of legislation being passed. It’s disturbing.
scalleywag on April 21, 2011 at 10:01 AM
Actually, that has already been true for many years due to FAA certification of aircraft parts of all descriptions that go on or into airplanes. That’s why an airplane part that is identical to a non-airplane part costs three times as much. Required airworthiness testing and liability insurance for manufacturers jack up costs wildly. A Cessna 152 throttle cable is identical to your lawn mower throttle cable but costs way more for these reasons.
Big John on April 21, 2011 at 10:01 AM
No…because GE finances the democratic party and is stuffing Obama’s pockets full of cash along with BP,Goldman Sach’s,and the billionaires of silicon valley.
….but look…over there…..it’s those Evilllllllllllll Koch brothers.
Baxter Greene on April 21, 2011 at 10:02 AM
So now we will be building Boeing Airplanes in China …
tarpon on April 21, 2011 at 10:05 AM
Time for Boeing to go Galt.
Koa on April 21, 2011 at 10:06 AM
That’s rational thinking! Unfortunately the law has no place in the legal system today. It comes down to whether or not the judge is on the right or the left.
jeffn21 on April 21, 2011 at 10:09 AM
No problem. All Boeing has to do is cancel the 787 Dreamliner. Then announce the 797 Dreamliner that will be built in South Carolina.
John Deaux on April 21, 2011 at 10:10 AM
The plant is still being completed and Boeing expects to start producing 787′s there this July. They have already hired one or two thousand people, I don’t recall the exact number but it is one or two thousand.
Big John on April 21, 2011 at 10:13 AM
Or they’ll move offshore, as so many other companies have. That’s a key contributor to hyperinflation, when the real assets move out of the country, and you have more and more currency referring to fewer and fewer assets. We might not get to 100% inflation a year, but what if we hit 5%, or 10%, or 20%, or 30%? Everything says inflation is just around the corner.
Paul-Cincy on April 21, 2011 at 10:13 AM
…why not….we get a lot of our planes serviced in China (and other countries) because of the massive cost associated with it here in America…..
……thanks democrats for driving so many jobs overseas and seeing to it that America has some of the highest tax rates in the world.
….let’s double down on stupid and raise taxes some more!!!!!
Baxter Greene on April 21, 2011 at 10:14 AM
We need to go further in the other direction, and strengthen the rights of companies vs the greedy unions. Our last surviving automobile manufacturers would benefit by building factories in Right to Work states and thereby gain refuge from the greedy SOB’s at the UAW.
The UAW destroys everything they are involved with, and they do it with the approval of the idiot Bammie.
slickwillie2001 on April 21, 2011 at 10:15 AM
Depends on the judge.
And don’t call me Shirley.
Random Numbers (Brian Epps) on April 21, 2011 at 10:15 AM
That is exactly correct Count…
Big John on April 21, 2011 at 10:15 AM
Dude, are you kidding? Do you know what Canadian labor law dictates to the railroads for employment? It’s like the railroad is responsible for an employee forever once they hire them.
Jaibones on April 21, 2011 at 10:17 AM
I forgot to add that because of their military contracts, the gubmint has them over a barrel. They can’t just say no for fear of losing those contracts.
Big John on April 21, 2011 at 10:17 AM
Does this law exist? If so, change it. Problem solved.
ernesto on April 21, 2011 at 10:19 AM
Perhaps they need to look at what profits they make from military vs commercial. They could break themselves into two companies, and move the commercial operation to a more friendly country, and leave military here. If that’s what is best for stockholders, that is their obligation.
slickwillie2001 on April 21, 2011 at 10:22 AM
This country has stepped through the looking glass and fell into a hybrid world of 1984 and Atlas Shrugged. We’ve got everything from the discouraging work policies to the two minutes hate shown by none other than the White House Press Sec.
roopster217 on April 21, 2011 at 10:22 AM
Even if it does survive long term, this will certainly gum up the works for Boeing and their new employees for longer than it needs to. I can’t believe unions think they are winning friends and influencing people.
Cindy Munford on April 21, 2011 at 10:23 AM
Yawn! Just more of the same micromanaging of the economy by our comrades in Washington, DC.
After all, it worked out so well in the Soviet Union, didn’t it?
GarandFan on April 21, 2011 at 10:24 AM
the NLRB chose Boeing to try this tactic our on, because the government has such leverage with Boeing.
Boeing needs Defense Dept. contracts, and thus cannot say what it SHOULD say to the NLRB: “FOAD!!!!”
Justrand on April 21, 2011 at 10:24 AM
This really is like living in The Twilight Zone. Do not attempt to adjust your dial . . .
Naturally Curly on April 21, 2011 at 10:25 AM
I was an Air Force KC-135 refueling tanker mechanic for twenty six years, retired two years ago. I can tell you no one, NO ONE wanted EADS and France to build our military aircraft, especially our tankers. Plus, that KC-135, by Boeing, was one of the best designed and built airplanes in the history of aviation. They were built from 1955 until 1965 and aside from ones that were retired to save money and the very few that were destroyed in mishaps or combat, a great deal of them are still flying today. My airplane was made in 1957 and so was I. It was in better shape than me, I might add.
Big John on April 21, 2011 at 10:27 AM
So what’s next? Will California be setting up roadblocks on highways leading out of the state to stop the exodus of businesses heading to Texas? Will we need an Underground Railroad for businessmen?
iurockhead on April 21, 2011 at 10:30 AM
This is a huge opportunity for Nikki Haley to get in Obama’s face and fight like a girl.
SouthernGent on April 21, 2011 at 10:32 AM
Excellent point…
Big John on April 21, 2011 at 10:33 AM
Of course this is appropriate. After all – the commerce clause!!!
– Crr6
Monkeytoe on April 21, 2011 at 10:34 AM
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