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Education & Labor Committee Republicans

Contact: Press Office (202) 226-9440
Obama NLRB Won’t Take No for an Answer

Despite President Obama’s erroneous claim “the private sector is doing fine,” the American people aren’t buying it. Washington’s regulatory onslaught has forced many job-creators to sit on the sidelines, and as a result, the nation has experienced 40 straight months of unemployment above 8 percent and millions are searching for work. A notorious example of the regulatory hurdles facing employers is the National Labor Relations Board’s (NLRB) relentless effort to cripple employers’ free speech and workers’ free choice.

Last month, U.S. District Judge James Boasberg overturned an ambush election scheme the board adopted in 2011. Judge Boasberg’s decision was one in a series of judicial rulings that have reined in an out-of-control labor board. Not taking no for answer, the Obama NLRB is back in court urging the judge to reconsider. As Bloomberg reports:

The U.S. National Labor Relations Board asked a federal judge to reconsider a ruling on the panel’s voting procedures, seeking to reinstate a measure that would allow for faster votes in union elections.

U.S. District Judge James Boasberg in Washington threw out the board’s rule change on union balloting May 14, saying the agency lacked a quorum when it approved the measure by the vote of two members.

The court’s finding that a third member of the board “did not ‘show up’ or participate” in the Dec. 16, 2011, vote “is predicated upon a mistaken understanding of the facts regarding the board’s electronic voting room,” the board said today in a court filing.

This is more than a legal dispute over a bureaucratic technicality. At the heart of the matter is the board’s determination to rush union elections by trampling on the rights of workers and employers.

In June 2011, the Obama board proposed sweeping changes to the rules governing union elections. Under the proposal, union elections could take place in as little as 10 days, restricting an employer’s right to communicate with his or her employees and undermining workers’ ability to make an informed decision. A worker’s personal information would also be compromised by the board’s regulatory proposal. Despite strong opposition by job creators, workers, and the people’s elected representatives, the NLRB continues to advance this radical ambush election scheme.

While the Obama board pursues its activist agenda, small business confidence is falling, family wealth is in sharp decline, and the private-sector still has almost 5 million fewer jobs than it did at the start of the recession. Instead of spending taxpayer dollars defending an extreme agenda, the Obama NLRB should cease its assault on the nation’s workplaces so Americans can get back to work.


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