Victory: Federal judge strikes down NLRB’s rule approving “ambush” union elections

posted at 10:04 pm on May 14, 2012 by Allahpundit

Big win, but it’ll probably take electing President Romney to make sure they don’t make it stick on the second try.

“According to Woody Allen, eighty percent of life is just showing up,” Boasberg wrote in an opinion issued today. “When it comes to satisfying a quorum requirement, though, showing up is even more important than that.”

The rule change, challenged in court by the U.S. Chamber of Commerce, simplified and shortened balloting at a time when the unionized share of the workforce is falling, according to labor relations consultant Phillip Wilson. The compressed schedule could have cut the time permitted for voting in half to as few as 15 days, Wilson said.

Unions win 87 percent of elections held 15 days or less after a request, a rate that falls to 58 percent when the vote takes place after 36 to 40 days, according to a February report by Bloomberg Government.

O’s two Democratic appointees wanted to give unions a shot at quietly gathering the necessary signatures for an election and then dumping the petition on management before the company had a chance to make its case to the employees against unionization. The third member of the NLRB, Republican Brian Hayes, opposed the plan. No problem, though — Dems win 2-1, right? Nope. Not if Hayes doesn’t vote:

When the final rule came up, the NLRB’s lone Republican commissioner, Brian Hayes, did not cast a vote. He was given only a matter of hours on the NLRB’s electronic ballot system before the Democratic majority went ahead and published it that day, without anyone requesting a response.

Mr. Becker claimed that Mr. Hayes had “effectively indicated his opposition” and therefore he was “present” even though he was not, in fact, present. Basically, the NLRB argued that the quorum requirement was satisfied because there were three members in office when the rule was “approved.”

With a final vote of just 2-0 on what’s supposed to be a five-member Board, the court ruled that there was no quorum and therefore the rule was invalid. Think of Hayes’s absence as the anti-union version of those Wisconsin Democrats who fled the Capitol last year in order to deny Scott Walker a quorum to pass his collective bargaining reforms. What happens, though, now that Obama’s gone and dubiously recess-appointed a bunch of new members to the NLRB? Presumably the new members will pass the “ambush” election rule with a quorum and then the next court battle will be over whether those recess appointments were in fact valid. That suit has already been filed, in fact; if the next court throws out the recess appointments then the ambush rule stays blocked. If not, then President Romney’s our only hope.


Related Posts:

Breaking on Hot Air

Blowback

Note from Hot Air management: This section is for comments from Hot Air's community of registered readers. Please don't assume that Hot Air management agrees with or otherwise endorses any particular comment just because we let it stand. A reminder: Anyone who fails to comply with our terms of use may lose their posting privilege.

Trackbacks/Pings

Trackback URL

Comments

There is hope…

And Change..

Electrongod on May 14, 2012 at 10:06 PM

Big win, but it’ll probably take electing President Romney to make sure they don’t make it stick on the second try.

Last year….I was skeptical…OK…I spit on Romney…

Today…with the help of Obama….
WE have hope.

Electrongod on May 14, 2012 at 10:07 PM

ANOTHER excellent reason to elect President Romney.

thatsafactjack on May 14, 2012 at 10:07 PM

Another brick, out of the wall.

Scotsman on May 14, 2012 at 10:08 PM

Did you know that Obama is Gay?

Evem Mitt wouldn’t cut Obama hair…

Electrongod on May 14, 2012 at 10:12 PM

There is no limit to the damage Obama and his fanatic liberal followers will inflict on our once-great nation.

GaltBlvnAtty on May 14, 2012 at 10:12 PM

Why stop there, give management a petition that unionization will happen or the entire building will mysteriously burn down the following night. Thugs always have to cheat, they might as well go all in.

Bishop on May 14, 2012 at 10:13 PM

If not, then President Romney’s our only hope.

i hate to break the news AP, but Romney is our only hope

r keller on May 14, 2012 at 10:13 PM

Most corrupt administration ever

Grunt on May 14, 2012 at 10:15 PM

NLRB???? We don need no steenkin’ NLRB.

Long haired country boy on May 14, 2012 at 10:15 PM

A rare piece of good news, even if only temporarily so. Any word on when a decision is supposed to come down on King Obama’s fiat-recess appointments?

jwolf on May 14, 2012 at 10:18 PM

The April-May-June quarter will turn out to be a good one!

SouthernGent on May 14, 2012 at 10:21 PM

…everything is ‘rigged’ by this administration.

KOOLAID2 on May 14, 2012 at 10:21 PM

…everything is ‘rigged’ by this administration.

KOOLAID2 on May 14, 2012 at 10:21 PM

Hate Speech!!!!!

:)

Electrongod on May 14, 2012 at 10:24 PM

I certainly hope someone is making a list of all the things the next congress is going to have to straighten out, after 6 years of Democrats and 4 years of Obama. I can’t believe how duplicitous this administration is, in everything they do.

Does anyone really believe the Democrats haven’t passed a budget because they don’t have to? This is just more duplicitous action by the Democrat friends and no Republican is willing to expose it. That’s the one thing I’d like to find out because, if someone as low on the food chain as me is asking those questions, I’d love to know why Republicans aren’t up in arms about this.

bflat879 on May 14, 2012 at 10:25 PM

Change I can believe in…(When I see it)

hawkman on May 14, 2012 at 10:26 PM

17 comments or bust!!!!

…oh wait…..

Darn.

Electrongod on May 14, 2012 at 10:32 PM

The quorum karma factor in this is delish. Shove it up your fat patootie, Trumka. Live by procedures, die by procedures.

Western_Civ on May 14, 2012 at 10:34 PM

Union scum.

MikeinPRCA on May 14, 2012 at 10:35 PM

Most corrupt administration ever

Grunt on May 14, 2012 at 10:15 PM

Most transparently corrupt administration ever.

That’s why the NSM can’t see it.

Chip on May 14, 2012 at 10:37 PM

We need more than just Romney, we need the Senate and an electorate that stays tuned in!

bluemarlin on May 14, 2012 at 10:37 PM

Sweet!

GarandFan on May 14, 2012 at 10:37 PM

Why the NLRB is still being funded is beyond me…

Seven Percent Solution on May 14, 2012 at 10:37 PM

That judge is obviously a racist.

trigon on May 14, 2012 at 10:37 PM

It will be ‘victory’ when unions are few and far between.

faraway on May 14, 2012 at 10:40 PM

I got my Hope and Change mojo going… I’m Hoping for a Change of POTUS on Nov. 6th, and that you can believe.

SWalker on May 14, 2012 at 10:41 PM

Unions win 87 percent of elections held 15 days or less after a request, a rate that falls to 58 percent when the vote takes place after 36 to 40 days, according to a February report by Bloomberg Government.

I must admit that I’m conflicted somewhat about whether I want the unions to succeed or fail in this case. If they win, and the “ambush rule” survives, companies will be looking to relocate to states where there would be no way such a union vote could win anyway, states like Texas.

Then again, it could cause them to relocate even more jobs outside the USA, something they are already planning for should Obama be re-elected, because of ObamaCare, the coming taxmageddon, and all the other uncertainties and GRRs (Government-Related Risks) that are on the horizon.

So, I come down in favor of the unions’ case failing. Texas will always be a magnet, given our low taxes and anti-regulatory environment anyway, our middle fingers always hoisted toward Washington in general.

But one thing is for sure, if Obama is re-elected, God forbid, even Texas is at risk, though we we will die standing up rather than live on our knees. I hope Romney wins and we never have to draw another line in the sand. Remember the Alamo!!!

TXUS on May 14, 2012 at 10:44 PM

First they came for thr public working class unions, we said nothing. Then they came for the private working class unions and there was no one left to to defend them.

The New Republican Party aka The taliban of the hard working American.

Uppereastside on May 14, 2012 at 10:52 PM

Uppereastside on May 14, 2012 at 10:52 PM

Would public sector unions be included in the subset of “hard working Americans”? I think not. And that’s most union members.

“Taliban”? Really?

Nope, unions are dinosaurs, you’ll see.

disa on May 14, 2012 at 11:07 PM

The Obama administration’s overreach in the regulatory sphere is the main reason that I’d consider voting for Romney. That might be the one area that Romney would be demonstrably better in long term effect than Obama. Not sure if he’d have the motivation to rock the boat though. Romney’s record in MA indicates that he favors a top-down, big government, bureaucratic approach. But, golly, Obama’s approach is so far beyond the pale that he’s starting to make Romney look pretty darn good. Amazing.

besser tot als rot on May 14, 2012 at 11:36 PM

Uppereastside on May 14, 2012 at 10:52 PM

BS! I make more money @ non-union Wal-Mart in west Texas than I EVER died @ the UFCW cesspools in Chicago and St.L.
Unions are as useless as tits on a boarhog.

annoyinglittletwerp on May 14, 2012 at 11:43 PM

Damn effing censors. It’s really starting to get old.

annoyinglittletwerp on May 14, 2012 at 11:45 PM

annoyinglittletwerp on May 14, 2012 at 11:45 PM

Censors didn’t like my comment because I used slang for a woman’s mammary glands. Rhymes with ‘hits’.

annoyinglittletwerp on May 14, 2012 at 11:46 PM

Unions take away the will to advance.

Every ones the same, no room for hard work advancement. The sweeper makes the same as a man that works the line. With all the federal osha laws, there is no longer a need for unions. no need at all.

jainphx on May 14, 2012 at 11:50 PM

First they came for thr public working class unions, we said nothing. Then they came for the private working class unions and there was no one left to to defend them.

The New Republican Party aka The taliban of the hard working American.

Uppereastside on May 14, 2012 at 10:52 PM

Wow, you are one strange and demented bird!

bluemarlin on May 14, 2012 at 11:57 PM

One observation on the difference between private-sector and public-sector unions:

Private business owners strive for profit – unions exist ostensibly to make sure workers are not taken advantage of by owners. Ok, sure, I’ll buy that.

Isn’t the dynamic completely different when the worker is also the owner and the goal is not profit? Essentially they are bargaining against other owners who don’t also have the privilege of being a worker. If a pro-union democrat is in office, there is literally nobody sitting across the bargaining table. It is like the active partners in a business getting together and voting themselves a larger share of ownership at the expense of the passive partners, who only provide funding.

http://www.fiscalwars.wordpress.com

stout77 on May 15, 2012 at 1:02 AM

I’d always heard the Allen quote as “90 percent of life is just showing up.”

Marcola on May 15, 2012 at 1:24 AM

“According to Woody Allen, eighty percent of life is just showing up,”

“The other twenty percent is hitting on my step-daughter I raised from a kid.”

arnold ziffel on May 15, 2012 at 1:29 AM

I swear these commies are working overtime to try and convince me to vote for Romney despite my numerous promises to the contrary. They may bring me around yet.

joe_doufu on May 15, 2012 at 1:29 AM

First they came for thr public working class unions, we said nothing. Then they came for the private working class unions and there was no one left to to defend them.

The New Republican Party aka The taliban of the hard working American.

Uppereastside on May 14, 2012 at 10:52 PM

Now that is some fine stream-of-consciousness trolling. Granted, it didn’t make a lick of sense …..

There Goes The Neighborhood on May 15, 2012 at 1:58 AM

I swear these commies are working overtime to try and convince me to vote for Romney despite my numerous promises to the contrary. They may bring me around yet.

joe_doufu on May 15, 2012 at 1:29 AM

I’m to the point of kissing his ass if it will make the Obama misery go away. :)

arnold ziffel on May 15, 2012 at 2:08 AM

Lord I loathe this man.

Cindy Munford on May 15, 2012 at 6:02 AM

Barky’s goal is to have companies relocate, then the only folks left will be low income lawn care personnel and blacks – the perfect tools in their minds for a socialist entitlement state.

rgranger on May 15, 2012 at 7:47 AM

First they came for thr public working class unions, we said nothing. Then they came for the private working class unions and there was no one left to to defend them.

The New Republican Party aka The taliban of the hard working American.

Uppereastside on May 14, 2012 at 10:52 PM

First, public employees are hardly “hard working americans”.

Second, keeping the election at 30 days or more after the petition rather than shortening it to 15 days is hardly “coming for” unions. What do you have against democracy?

Monkeytoe on May 15, 2012 at 8:32 AM

And the democratic legislators in Wisconsin were flee-baggers? I thought conservatives fired people for not showing up to do the job for which they were hired.

plewis on May 15, 2012 at 9:15 AM

There is no limit to the damage Obama and his fanatic liberal followers will inflict on our once-great nation.

GaltBlvnAtty on May 14, 2012 at 10:12 PM

I have the feeling that the worst will be inflicted between November 6, 2012 and January 20, 2013.

Finbar on May 15, 2012 at 9:56 AM

I have the feeling that the worst will be inflicted between November 6, 2012 and January 20, 2013.

Finbar on May 15, 2012 at 9:56 AM

This is why Job #1 on the Romney/new Congress agenda must be the “Omnibus repeal of foolish acts” bill. Obamacare, and all regulations, Presidental “findings,” etc. instituted on or after January 1, 2009 would be cancelled and/or reversed.

landlines on May 15, 2012 at 12:25 PM

If not, then President Romney’s our only hope.

It doesn’t get more depressing than that.

DannoJyd on May 15, 2012 at 6:55 PM

Big Ed Schultz will be so disappointed.

mike0993 on May 15, 2012 at 7:38 PM