Four Threats From The Pro-Union Boss NLRB That Will Harm Small Businesses And Workers | Big Labor Bailout

NAM’s Shop Floor highlights four threats that loom large from the pro-Union Boss National Labor Relations Board (NLRB) that will undoubtedly harm small businesses and workers:

1. The three-member Democratic majority is going out of its way to twist labor law and precedent to allow formation of “micro unions,” small bargaining units that could multiply in a single workplace. Instead of making their case to a company’s employees at large, organizers could cherry pick individual groups of employees to unionize. The potential for worksite chaos is huge. (See Shopfloor posts.)

2. The NLRB remains hostile to secret ballot representation elections, which the Employee Free Choice Act sought to eliminate. In January, the board authorized its general counsel, Lafe Solomon, to sue four states that passed ballot measures in 2010 to require secret-ballot union elections. The NLRB had been negotiating with attorneys general from the states — South Dakota, Arizona, South Carolina and Utah — to avoid the suit, but those discussions broke off recently. According to South Dakota Attorney General Marty Jackley, the NLRB demanded the AGs sign a confidentiality agreement and declare their state laws unconstitutional. Even if the NLRB is right on the law — and the National Labor Relations Act would indeed seem to preempt such a state law — no attorney general is ever going to repudiate a measure approved by the voters of his state. The NLRB is picking a fight.

3. The NLRB’s proposal to expand the required employer posting and electronic distribution of notice of union rights is an another aggressive move meant to favor organized labor over employers, exceeding the board’s authority to require under the National Labor Relations Act. The NAM submitted a comment letter, arguing, “We believe the Board’s proposed rule goes beyond its legal authority to impose such obligations and penalties on employers. Further, the proposed rule runs counter to longstanding legal precedent and lacks the necessary clarity for employers to effectively comply.”

4. On March 11, the NLRB ruled in the case of Mastec v. CWA that threats of physical violence by union supporters against employees were not enough to invalidate a union representation election. As LaborUnionReport.com observed, “Given that the entire voting unit in this case was less than 30, it is hard to imagine that the threats from the pro-union supporters did not have some bearing on the outcome of the election—especially as the union only won by two votes.”

Learn more on how you can stop the pro-Union Boss NLRB and Labor Radical Craig Becker and their plans to harm small businesses and workers.

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