WASHINGTON, D.C. | July 28, 2011 -
This week, the House of Representatives is expected to consider H.R. 2587, the Protecting Jobs From Government Inteference Act. This important legislation will prohibit the National Labor Relations Board (NLRB) from dictating where a private business can and cannot locate employment.
Today, Reps. Trey Gowdy (R-SC) and Tim Scott (R-SC) described the critical need to pass this commonsense legislation. In an op-ed published by Roll Call, the Republican members write:
At a time when more than 14 million Americans are unemployed, government must guarantee companies the flexibility to make sound business decisions designed to create jobs, increase investment and keep production capabilities right here at home.
Under current law, the NLRB has more than a dozen remedies at its disposal to hold employers accountable for unlawful labor practices. Our legislation would amend the National Labor Relations Act to eliminate the availability of the extreme, punitive remedy that the NLRB is seeking in the Boeing case.
This bill would prohibit the National Labor Relations Board from dictating where private businesses can and cannot locate jobs in the United States — prohibit the NLRB from ordering an employer, such as Boeing, to relocate, shut down or transfer employment under any circumstance.
In these tough times, elected officials should be empowering American businesses with pro-growth policies, not empowering unelected bureaucrats at the behest of Big Labor.
Former NLRB Chairman Peter Schaumber echoed the urgent need to rein in the NLRB on behalf of workers and employers, and described how the legislation preserves important worker protections found in existing law. In a National Review Online article, Mr. Schaumber noted:
The proposed legislation does not change the law as to what is and what is not a violation under the National Labor Relations Act. It also leaves intact severe consequences the NLRB can order to remedy a violation and protect workers.
If, for example, the employer relocates to a non-union facility solely to avoid its employees’ decision to unionize, what is known as the “runaway shop,” the board can order the employer to re-hire its former employees and pay their relocation expenses, award the employees back pay until they have found substantially equivalent work, and, depending on the circumstances, grant the union access to the new facility to assist it in organizing the employer’s new employees.
These are not insignificant remedies and they would cause any employer to think twice before violating the law. The legislation, however, removes the board’s authority that it has abused in the Boeing case — its ability to order an employer to restore the status quo ante, the situation that existed before it transferred unit work or relocated to a new facility. Under current law, if an employer does either for legitimate economic reasons, the board will not find a violation if the employer is able to show that it would have made the same decision without regard to the presence of the union.
House Republicans will continue to stand up for workers and employers by advancing commonsense proposals to strengthen our workforce and help create jobs, right here at home.
Read more about the Protecting Jobs From Government Interference Act:
Committee Approves Legislation to Protect American Jobs, Remove Barriers to U.S. Investment
America's Job Creators Rally in Support of the Protecting Jobs From Government Interference Act
Despite False Rhetoric, Reining in NLRB Good for Jobs Creators and American Workers
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