The next painful NLRB regulation

posted at 8:41 pm on April 7, 2014 by Kevin Glass

The National Labor Relations Board is getting headlines right now for its ongoing involvement in college athlete unionization, but President Obama’s controversial general counsel is looking into doing real harm to the economy.

NLRB general counsel Richard Griffin wants to force employers to consult with a union when it comes to relocation decisions. This is a massive change to the current way that economic decisions are made, and would cause the cost of doing business everywhere to skyrocket.

The chairman of the NLRB under George W. Bush, Peter Schaumber, wrote for RealClearPolicy:

Under longstanding NLRB law, a unionized employer is not required to bargain with the union over a relocation decision that is motivated by labor-cost savings if the employer determines that bargaining would be futile — that the union could not offer labor-cost savings that could change its decision. Unions can contest the employer’s decision, but they have no right to participate in it or otherwise delay it absent a court order enjoining it.

Griffin intends to change this law by making bargaining mandatory. He will argue, as did a former board member whose views he cites, that mandatory bargaining is a modest change in the law that fulfills the National Labor Relations Act’s central purpose of promoting collective bargaining. Why deprive the union of the opportunity to explore or influence an employer’s relocation decision when labor costs, an area over which the union exercises some authority, are a motivating factor?

Schaumber goes on to write that this is a solution in search of a problem. Unions already are favored in the status quo, and this would be an unnecessary step to empower them further. This would also fly in the face of the way that the Supreme Court has interpreted the union-employer relationship, and that the proposal would make unions incredibly powerful when it came to collective bargaining.

The story of labor relations in the Obama era is of unions attempting to re-assert their power in American life. This chart may explain why:


That’s from professor Mark Perry, now of the American Enterprise Institute. Private sector unions have been losing power for a very, very long time, even despite favorable bargaining rules. Labor unions also make up a sizeable part of the Democratic Party’s fundraising base. President Obama’s NLRB, as we’ve seen, is composed of people who are dedicated to reversing the shrinking power base of unions. This proposal to force employers to get the approval of labor unions for relocation decisions would hurt the American economy for the benefit for a major Democratic party constituency.


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At what point do more employers just throw up their hands and close the doors?

boomer on April 7, 2014 at 8:44 PM

So the unions can demand a buyout of the contract or paid relocation for all members when the business wants to move? This is extortion, plain and simple.

blammm on April 7, 2014 at 8:46 PM

huh and all along I thought the nrlb charter said it was to be a mediator between labor and owners, yet now they are fully a spokesperson for the unions.
gee that was unexpected.

dmacleo on April 7, 2014 at 8:46 PM

NLRB general counsel Richard Griffin wants to force employers to consult with a union when it comes to relocation decisions. This is a massive change to the current way that economic decisions are made, and would cause the cost of doing business everywhere to skyrocket.

IOW, government and unions get to exercise even more ownership rights without actually becoming owners. Welcome to the New Socialism. In the New Socialism government and unions acquire and excercise what were traditionally private property ownership rights via what is quaintly called regulation.

farsighted on April 7, 2014 at 8:49 PM

President Obama’s controversial general counsel is looking into doing real harm to the economy.

…Forward!

KOOLAID2 on April 7, 2014 at 8:57 PM

The creeping fascism continues.

rbj on April 7, 2014 at 8:59 PM

President Obama’s controversial general counsel is looking into doing real harm to the economy… according to the Cloward-Piven Plan.

Akzed on April 7, 2014 at 9:00 PM

Well, duh!

This is why they call it fascism. Bet those old Brownshirts are envious of the gimmick of using a Federal agency to force companies to allow unions into an unfinanced ownership posture while simultaneously funneling dues money from the union to the fascist Democratix overlords. That’s like DOUBLE fascism!

Well done, NLRB!

Pless1foEngrish on April 7, 2014 at 9:00 PM

At what point do more employers just throw up their hands and close the doors?

boomer on April 7, 2014 at 8:44 PM

Not much further than this…

Companies with unions need to look at shuttering their doors NOW and moving to more hospitable climes (hint: Right To Work States) ASAP.

ConstantineXI on April 7, 2014 at 9:02 PM

President Obama’s controversial general counsel is looking into doing real harm to the economy… according to the Cloward-Piven Plan.

Akzed on April 7, 2014 at 9:00 PM

Can there be any doubt that the jobless “Recovery” is not INTENTIONAL on Obama’s part by now? Even a blithering idiot would have realized his policies are failing by now.

But I guess Obama figures that since he’s lasted nearly 6 years in office with this kind of unemployment and economic depression without being voted out (or lined up against the wall with the rest of his criminal coterie) he can keep doubling down.

ConstantineXI on April 7, 2014 at 9:04 PM

At what point do more employers just throw up their hands and close the doors?

boomer on April 7, 2014 at 8:44 PM

Ask the former owners of Hostess Brands.

Lanceman on April 7, 2014 at 9:05 PM

Just once I’d like to hear these progressive detail the end-game. Actually say it out loud. They won’t, of course; but progressives aren’t known for their integrity.

BKeyser on April 7, 2014 at 9:08 PM

But I guess Obama figures that since he’s lasted nearly 6 years in office with this kind of unemployment and economic depression without being voted out (or lined up against the wall with the rest of his criminal coterie) he can keep doubling down.

ConstantineXI on April 7, 2014 at 9:04 PM

Can you show one single example that would suggest that he is wrong?

oscarwilde on April 7, 2014 at 9:10 PM

For those not paying attention, this is nationalization by any other name.

oscarwilde on April 7, 2014 at 9:12 PM

To bad businesses can’t rely on the Courts for remedy.

If I were them I would tell the nlrb to shove it. Just disobey.

wolly4321 on April 7, 2014 at 9:13 PM

Next up: Republicans in Congress will be required to ‘negotiate’ with Democrats their right to vote…Oh, wait. They’ve already been frozen out of offering amendments. I submit that ‘pubs need to unionize!

vnvet on April 7, 2014 at 9:13 PM

The NLRB suddenly has the power to change the law this way?

blue13326 on April 7, 2014 at 9:13 PM

At what point do more employers just throw up their hands and close the doors?

boomer on April 7, 2014 at 8:44 PM

Er, I believe that is the point.

Also, membership in State “trade unions” will at some point be mandatory…see Mussolini.

Not only do these Socialists/Globalists want to control the means of production, but also labor…and your personal lives, and well, just about everything you can imagine. If some conspiracy theorists are to be believed they already have been making inroads into organized religion through the carrot on a stick 501c3.

Dr. ZhivBlago on April 7, 2014 at 9:14 PM

Can you show one single example that would suggest that he is wrong?

oscarwilde on April 7, 2014 at 9:10 PM

Americans are far too law abiding and accepting of authority in this age, that’s all I can say.

If a President had tried what Obama’s been doing back pre 1900 his head would have been displayed ON A PIKE by now.

ConstantineXI on April 7, 2014 at 9:14 PM

Fascist is as Fascist does

workingclass artist on April 7, 2014 at 9:14 PM

I guess the NLRB doesn’t have to go through the Legislative Branch of government to enact these “rules changes”, huh ?

listens2glenn on April 7, 2014 at 9:14 PM

I guess the NLRB doesn’t have to go through the Legislative Branch of government to enact these “rules changes”, huh ?

listens2glenn on April 7, 2014 at 9:14 PM

Congress has become a purely ceremonial body.

ConstantineXI on April 7, 2014 at 9:15 PM

Paging Mr. Galt. Paging Mr. John Galt. Please pick up the white courtesy phone.

Steve Eggleston on April 7, 2014 at 9:17 PM

Paging Mr. Galt. Paging Mr. John Galt. Please pick up the white courtesy phone.

Steve Eggleston on April 7, 2014 at 9:17 PM

We’re all going to stop working before long, because the economy is grinding down to a full stop. Thing is, the economically ignorant Obama Clique do not think that this is catastrophic… That unicorn farts will pay for 99% of the population to be on welfare, because he thinks that means victories for Democrats in perpetuity.

ConstantineXI on April 7, 2014 at 9:20 PM

Obama’s mexican Small Business chief will do the rest.

http://www.usatoday.com/story/theoval/2014/04/07/obama-maria-contreras-sweet-sba/7431019/

Who is John Galt indeed.

Murphy9 on April 7, 2014 at 9:20 PM

How is anything they are doing legal after illegal recess appointments?

wolly4321 on April 7, 2014 at 9:21 PM

NLRB Director for Region 13 issues Decision in Northwestern University Athletes Case

Office of Public Affairs
202-273-1991
publicinfo@nlrb.gov
http://www.nlrb.gov

March 26, 2014

Regional Director, Peter Sung Ohr, has issued a Decision in 13-RC-121359 finding the Grant-in-aid scholarship football players are employees under the NLRA and has directed an election to take place.

The parties have until April 9, 2014 to file with the Board in Washington, D.C. a Request for Review of the Decision.

The Decision is posted on the NLRB webpage and can be found here.

http://www.nlrb.gov/news-outreach/news-story/nlrb-director-region-13-issues-decision-northwestern-university-athletes
====================================================

http://www.nlrb.gov/

https://twitter.com/NLRB

canopfor on April 7, 2014 at 9:22 PM

How is anything they are doing legal after illegal recess appointments?

wolly4321 on April 7, 2014 at 9:21 PM

The GOPe’s in the Senate sold us out and agreed to seat them, even as the courts ruled Obama’s non-recess-recess appointments illegal.

ConstantineXI on April 7, 2014 at 9:24 PM

We’re all going to stop working before long, because the economy is grinding down to a full stop. Thing is, the economically ignorant Obama Clique do not think that this is catastrophic… That unicorn farts will pay for 99% of the population to be on welfare, because he thinks that means victories for Democrats in perpetuity.

ConstantineXI on April 7, 2014 at 9:20 PM

Minor quibble – they know it’s catastrophic. The question is whether they don’t care that it’s catastrophic or whether catastrophe is their goal.

How is anything they are doing legal after illegal recess appointments?

wolly4321 on April 7, 2014 at 9:21 PM

El PRL caved and allowed them to become regular appointments.

Steve Eggleston on April 7, 2014 at 9:25 PM

We’re all going to stop working before long, because the economy is grinding down to a full stop. Thing is, the economically ignorant Obama Clique do not think that this is catastrophic… That unicorn farts will pay for 99% of the population to be on welfare, because he thinks that means victories for Democrats in perpetuity.

ConstantineXI on April 7, 2014 at 9:20 PM

.
Minor quibble – they know it’s catastrophic. The question is whether they don’t care that it’s catastrophic or whether catastrophe is their goal.

Steve Eggleston on April 7, 2014 at 9:25 PM

.
Thank you, Steve’ . . . . . at the White House level, it absolutely is “the goal”.

listens2glenn on April 7, 2014 at 9:30 PM

Minor quibble – they know it’s catastrophic. The question is whether they don’t care that it’s catastrophic or whether catastrophe is their goal.

Steve Eggleston on April 7, 2014 at 9:25 PM

Oh, I agree, it’s intentional. However, I think Obama believes that the country can survive somehow with only government jobs. Let’s face it, Obama just isn’t very smart. But yes, there are those who know where the future of the United States lies in the not too distant future, because they BELIEVE ARDENTLY IN THIS:

1. Forced Labor. Work has to be done, and with no private sector, it will have to be coerced. Of course, at the front of the line will be those who “voted incorrectly” or who dared speak out against “Glorious Progress”. This has happened in every Socialist Regime in history so far.

2. Planned Starvation. Let’s face it, to the Left, there are a LOT of undesirables out there that the planet would just be “better off without”. Again, every Socialist Regime of the last Century had this, more people died by starvation in Russia, China, et all than were ever killed by Regime Thugs.

ConstantineXI on April 7, 2014 at 9:32 PM

The communist started it all in the 1930′s..

http://en.m.wikipedia.org/wiki/J._Warren_Madden.

FDR used EO’s to give it teeth.

Sound familiar?

It was the Lochner era in the Courts, but they couldn’t stop it.

In the throes of a depression, maybe people didn’t care.

Again, sound familiar?

wolly4321 on April 7, 2014 at 9:37 PM

.
Thank you, Steve’ . . . . . at the White House level, it absolutely is “the goal”.

listens2glenn on April 7, 2014 at 9:30 PM

Yes, at the White House. Keep in mind though that it’s not Obama who’s really in charge. The man is an incompetent idiot. True, he’s a vile ideologue who hates the United States as it was founded and DOES want to take us down “a notch”. But he’s stupid. His handlers are really in charge. Ultimately our TRUE President right now isn’t Obama, and isn’t Jarrett. It’s the Nazi war criminal and convicted Felon George Soros. It’s no accident that Soros installed John Poedesta in the Regime for the 2nd term. Poedesta is in charge of transforming Obama’s soft tyranny into a HARD TYRANNY.

Yes, Obama is evil and malevolent. He does not share our values. He does NOT believe in the same God we do. But he’s not the one calling the shots. He’s no more REALLY President than Queen Elizabeth actually runs anything in Britain. To understand what’s going on you have to look at the men behind the curtain…

ConstantineXI on April 7, 2014 at 9:42 PM

Nice…their membership is in the toilet and yet they still have millions to give to the Democrat Sound Machine.

And people wonder why manufacturing jobs in this country are toast.

BigWyo on April 7, 2014 at 10:06 PM

At what point do more employers just throw up their hands and close the doors?

boomer on April 7, 2014 at 8:44 PM

At what point will that be illegal for them to do without consulting the union first?

Sockpuppet Politic on April 7, 2014 at 10:12 PM

My family owns a small construction company and we have already contemplated shutting down. Between the government and nobody wanting to work we are at our wits ends. I’d love to see them come knock at my door and tell me we have to unionize. It will be the last door they knock on.

boomer on April 7, 2014 at 10:14 PM

Nice…their membership is in the toilet and yet they still have millions to give to the Democrat Sound Machine.

And people wonder why manufacturing jobs in this country are toast.

BigWyo on April 7, 2014 at 10:06 PM

The 1970′s was basically the decade that saw the COLLAPSE of American Industry. This was, of course, decades after the union movement and the NLRB. So why did industry survive until the 70′s, then drop off precipitously?

Answer: the EPA. The EPA was a Nixon creation in the 1970′s. Add that to the pressure of the unions and industry was DOOMED. Indeed, it was the INFLEXIBILITY of the unions who refused to accept that anything HAD CHANGED and that for plants to survive, LABOR was going to have to pay it’s share that was what killed it!

Big Labor and the EPA created the Rust Belt.

ConstantineXI on April 7, 2014 at 10:14 PM

At what point do more employers just throw up their hands and close the doors?

boomer on April 7, 2014 at 8:44 PM

At what point will that be illegal for them to do without consulting the union first?

Sockpuppet Politic on April 7, 2014 at 10:12 PM

Executive Order 10-289.

ConstantineXI on April 7, 2014 at 10:15 PM

…Forward!

KOOLAID2 on April 7, 2014 at 8:57 PM

No, it’s ‘Vorwärts’.

slickwillie2001 on April 7, 2014 at 10:41 PM

I believe another factor in the collapse also was our industries was using old technology since ours wasn’t damaged during WW2.

wifarmboy on April 7, 2014 at 10:43 PM

I believe another factor in the collapse also was our industries was using old technology since ours wasn’t damaged during WW2.

wifarmboy on April 7, 2014 at 10:43 PM

And what stopped them from being modernized? The high costs of union labor, PLUS the new additional costs of the EPA in the 1970′s, just when it became critical for them to have the CAPITAL to make improvements…

ConstantineXI on April 7, 2014 at 11:00 PM

The 1970′s was basically the decade that saw the COLLAPSE of American Industry. This was, of course, decades after the union movement and the NLRB. So why did industry survive until the 70′s, then drop off precipitously?

Answer: the EPA. The EPA was a Nixon creation in the 1970′s. Add that to the pressure of the unions and industry was DOOMED. Indeed, it was the INFLEXIBILITY of the unions who refused to accept that anything HAD CHANGED and that for plants to survive, LABOR was going to have to pay it’s share that was what killed it!

Big Labor and the EPA created the Rust Belt.

ConstantineXI on April 7, 2014 at 10:14 PM

Odd that our industry “collapsed” in the ’70s, yet continued to lead the world and grow until the recession, when China finally surpassed us in 2010. And remains #2 and growing again, outpacing the closest competitors Japan and Germany by a healthy margin.

The number of manufacturing jobs has declined, not output.

Nixon created the EPA as an Agency with Cabinet-level status to preempt the Democratic Congress from making it a full Cabinet department. It isn’t as if it were his idea, he acted pragmatically to keep it from being even more intrusive and unaccountable.

Adjoran on April 8, 2014 at 2:57 AM

All is proceeding according to plan Your Majesty.

clippermiami on April 8, 2014 at 5:45 AM

Griffin intends to change this law by making bargaining mandatory. He will argue, as did a former board member whose views he cites, that mandatory bargaining is a modest change in the law that fulfills the National Labor Relations Act’s central purpose of promoting collective bargaining.

What in the bl**dy h*ll business does government have promoting collective bargaining??!! Maybe in Red China or Pootyland, but damned if I can find a basis for this in the Constitution.

VelvetElvis on April 8, 2014 at 7:08 AM

Won’t this be a moot point once the Supreme Court invalidates Obama’s “recess appointments”?

Saverio on April 8, 2014 at 7:10 AM

The NLRB in this administration may be able to force a company to get the union to OK moving a factory to another location in the USA but will find much to their chagrin that their power stops at the border. I am sure Mexico would have been just as welcoming to Boeing as was South Carolina.

Nomas on April 8, 2014 at 7:51 AM

Scrap the NRLB. It is nothing but a partisan thug.

sadatoni on April 8, 2014 at 8:06 AM

And people wonder why we can’t compete with China…

right2bright on April 8, 2014 at 8:58 AM

Democrat party = organized crime.

SteveThomas on April 8, 2014 at 9:14 AM

If the govt can make you buy something and then call it a tax, and all of these alphabets can make you do something via a regulation that was never voted on by your elected reps, then we aren’t in charge of the country anymore. This move by the nrlb vastly exceeds their authority but then so do most of the EOs coming out of the WH.

Kissmygrits on April 8, 2014 at 9:36 AM

What in the bl**dy h*ll business does government have promoting collective bargaining??!! Maybe in Red China or Pootyland, but damned if I can find a basis for this in the Constitution.

VelvetElvis on April 8, 2014 at 7:08 AM

^^THIS^^

GWB on April 8, 2014 at 9:50 AM

What this will do is ensure that union states will never get another business or factory.

RTW states will thrive with all the new business.

PattyJ on April 8, 2014 at 10:48 AM

Bound and determined to chase what few manufacturing jobs still left overseas, along with the corporate HQ’s, removing everything in the company from the tentacles of U.S. Law, and the greedy grasp of the unions.

Another Drew on April 8, 2014 at 11:29 AM

RTW states will thrive with all the new business.

PattyJ on April 8, 2014 at 10:48 AM

Until ruled by a court to suppress the “Right to bargain collectively”.

Axeman on April 8, 2014 at 11:56 AM

Remember way back when George W. Bush was President. When Republicans controlled the White House, the Senate, and the Presidency.

Don’t you remember all of the federal agencies they eliminated? Don’t you remember them working hard to get rid of the NLRB, the EPA, the Energy Department, the Department of Educaton?

Neither do I!

The federal government is far too big, spends far too much money, and regulates far too many things. The only answer is less federal government. Ask your Congress critters what they are going to do to shrink government and eliminate agencies like the NLRB.

pilsener on April 8, 2014 at 12:23 PM

At what point do more employers just throw up their hands and close the doors?

Throwing up your hands can be extremely painful. This is especially so if your nails are not trimmed.

As for being serious about this situation: this just means more jobs going off shore, to Mexico, or to Right to Work states.

friendlygrizzly on April 8, 2014 at 6:46 PM