National Labor Relations Board 

Obama Labor Board Bucks Precedent and Positions Itself to Weaken Worker-Backed Elections to Remove Unwanted Unions

News Release

Obama Labor Board Bucks Precedent and Positions Itself to Weaken Worker-Backed Elections to Remove Unwanted Unions

Workers will challenge NLRB attempt to destroy their ballots in vote to oust union

Chehalis, WA (October 20, 2014) – Disregarding its own long-standing precedent, the National Labor Relations Board (NLRB) has issued an order that continues the impoundment of Bradken, Inc. workers' ballots cast to determine whether the workers want to remove a local Machinist union from their workplace.

The NLRB's ruling endangers the results of an election initiated by Jonathan Fuller and his coworkers at the steel manufacturing facility to determine whether to remove the International Association of Machinists and Aerospace Workers (IAM) District W24 union as their monopoly bargaining representative.

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Obama Labor Board Issues Ruling to Keep Workers in the Dark after Sitting on Case for Over Six Years

News Release

Obama Labor Board Issues Ruling to Keep Workers in the Dark after Sitting on Case for Over Six Years

Obama NLRB once again ignores federal court precedent to benefit union bosses

Washington, DC (September 24, 2014) – After sitting on a case for more than six years, President Obama's National Labor Relations Board (NLRB) faces federal court scrutiny once again after it issued a ruling that denies long-held federal protections for workers and allows union bosses to keep workers in the dark about their rights.

With free legal assistance from National Right to Work Foundation staff attorneys, a former Crawfordsville, Indiana Kroger worker on September 22 asked the U.S. Court of Appeals for the D.C. Circuit to review the NLRB's decision in her case.

In December 2004, Kroger hired Laura Sands. The next month, United Food & Commercial Workers (UFCW) International Union Local 700 officials sent Sands a membership application that failed to inform her of the percentage free reduction she would receive if she did not join the union and objected to paying for union activities unrelated to workplace bargaining.

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Obama NLRB Excludes Worker Input in Case that Seeks to Restrict Workers' Ability to Remove Unwanted Union Bosses

News Release

Obama NLRB Excludes Worker Input in Case that Seeks to Restrict Workers' Ability to Remove Unwanted Union Bosses

General Counsel seeks to eliminate employees' ability to use a majority petition to end employer recognition of an unsupported union

San Francisco, CA (July 21 2014) – In a precedent-setting federal case, a National Labor Relations Board (NLRB) regional director has denied a local restaurant worker's motion to intervene to stop the federal agency from foisting unwanted union representation back on her workplace after she and her coworkers attempted to remove the union.

With free legal assistance from National Right to Work Foundation staff attorneys, Scoma's of Sausalito restaurant worker Georgina Canche will appeal the NLRB regional director's order to an NLRB Administrative Law Judge (ALJ).

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Southern Bakeries Worker Moves to Intervene in Federal Court to Stop NLRB from Foisting Unwanted Union on Workers

News Release

Southern Bakeries Worker Moves to Intervene in Federal Court to Stop NLRB from Foisting Unwanted Union on Workers

Unprecedented new Obama Labor Board policy is to go to court to block employee attempts to remove an unwanted union with a majority petition to their employer

Texarkana, AR (May 16, 2014) – A Southern Bakeries, LLC worker has moved to intervene to block a federal agency from foisting unwanted union representation back on his workplace after he and his coworkers overwhelmingly expressed their desire to remove the union.

With free legal assistance from National Right to Work Foundation staff attorneys, Southern Bakeries worker John Hankins filed the motion in the U.S. District Court for the Western District of Arkansas, Texarkana Division.

After the workers at the Southern Bakeries facility in Hope voted in a secret-ballot election to determine whether they wanted to remove the Bakery, Confectionary, Tobacco Workers and Grain Millers International Local 111 union officials from their workplace, the union hierarchy filed federal charges with the National Labor Relations Board (NLRB) to impound the workers' ballots.

Hankins and two-thirds of his coworkers then signed a petition to remove the union from their workplace. After the workers presented the petition to their employer, Southern Bakeries withdrew recognition of the union as the workers' monopoly bargaining representative as the law prescribes.

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More Questions Raised Regarding NLRB's Conduct in UAW/Volkswagen Unionization Case

Today, an article on RealClearMarkets raises more questions regarding the National Labor Relations Board's (NLRB) conduct in the United Autoworker (UAW) union boss push to gain monopoly power over Volkswagen workers in Chattanooga, Tennessee:

What is unusual about this election for United Auto Workers representation?...

The speedy election was coordinated with the National Labor Relations Board, which was unusually cooperative in approving the election petition. Although the election was only nine days away, the board immediately agreed to set up an election during a three-day period. The NLRB must organize and supervise the election, and count the ballots. How odd that on February 3 the Board had time available from February 12 to 14 to do this, a big favor for the United Auto Workers.

Former NLRB board member John N. Raudabaugh, now a law professor, told me, "I have never seen such a quick election."

As you may recall, National Right to Work Foundation staff attorneys are assisting several workers who challenged the UAW's and VW's coercive unionization tactics at the Chattanooga VW facility. After a three month investigation, the NLRB's Division of Advice issued two memos instructing the NLRB Regional Director in Atlanta to dismiss the workers' charges.

Moreover, NLRB staff in Washington, DC, hurriedly released the Division's instructions to members of the press and did not release the memos to the workers' Foundation staff attorneys.

A leaked email shows that the Regional Director in Atlanta questioned the propriety of the memos' release to the media, contrary to longstanding NLRB practice.

Foundation attorneys are concerned that the NLRB's hurried public release of memos favorable to VW and the UAW right before a high-profile election, and its approval of a quick-snap election within hours of VW requesting one, calls into question the agency's impartiality in the workers' cases.

Foundation staff attorneys have requested an official inquiry into the NLRB's conduct in the case, and also filed a Freedom of Information Act (FOIA) request with the NLRB seeking full disclosure regarding the agency's handling of the case and its contacts with UAW agents.

The NLRB's actions in this case continue to raise questions about its impartiality going forward.

National Right to Work Foundation's Notice Posting Court Victory Stands

News Release

National Right to Work Foundation's Notice Posting Court Victory Stands

Two federal appeals courts strike down unprecedented rule aimed at expanding Big Labor's forced dues ranks

Washington, DC (January 3, 2014) – The deadline passed yesterday for the National Labor Relations Board (NLRB) to file petitions at the U.S. Supreme Court to appeal one or both federal appeals court decisions striking down a new Board rule that required virtually every private-sector employer in the country to post biased information about employee rights online and in the workplace.

The Board's inaction lets stand two appeals courts' victories won by the National Right to Work Foundation and other groups challenging the NLRB's aggressive and unprecedented rule-making.

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Chattanooga VW Workers File Federal Charge Against Company For Pro-Unionization Coercion

News Release

Chattanooga VW Workers File Federal Charge Against Company For Pro-Unionization Coercion

Company management in Germany gives workers ultimatum: Join the union or lose workplace opportunities

Chattanooga, TN (October 16, 2013) – Today, four Chattanooga, Tennessee, Volkswagen AG (VOW.DE) workers filed a federal charge against the company alleging that statements by German VW officials are illegally coercing fellow workers into representation by the United Auto Workers (UAW) union.

With free legal assistance from National Right to Work Foundation staff attorneys, the workers filed the charge with the National Labor Relations Board (NLRB) regional office in Atlanta.

The charge comes after senior VW management in Germany stated, according to recent media reports, that for any expanded production to be considered in Chattanooga, the plant must adopt a works council that would force workers to accept the representation of UAW union officials.

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Worker Rights Advocate Blasts McCain/Reid NLRB Deal

News Release

Worker Rights Advocate Blasts McCain/Reid NLRB Deal

President’s NLRB appointments will pave the way for at least three more years of forced-unionism giveaways

Washington, DC (July 16, 2013) – Mark Mix, President of the National Right to Work Legal Defense Foundation, issued the following statement in response to President Barack Obama's reported new nominations to the National Labor Relations Board (NLRB):

"Union bosses know their coercive agenda is overwhelmingly unpopular with the American people. This is why they've turned to unelected administrative agencies like the NLRB to push through much of what they cannot get through Congress.

"And after Senator John McCain apparently struck a backroom deal today with Senate Democrats to sell out independent-minded workers, the Obama White House wasted no time meeting with union bosses to determine who they want on the agency to enact their radical agenda.

"Even though the American people who are outraged by this rouge NLRB were not included in these discussions, Obama's NLRB appointments will pave the way for at least three more years of the very forced-unionism giveaways union bosses failed to obtain through the legislative process.

Click here to read the full release.

NLRB Watch: Breakdown of Cases Invalidated By Noel Canning Decision

Foundation staff attorney, Ave Maria law professor, and former National Labor Relations Board (NLRB) Member John Raudabaugh has published his latest installment to the Foundation's "NLRB Watch" blog feature.

In "NLRB Watch" #8, titled "What the Noel Canning Decision Means for NLRB Cases," Raudabaugh charts what cases may be subject to challenge in the wake of the U.S. Court of Appeals for the District of Columbia's ruling last month invalidating President Barack Obama's controversial purported "recess appointments" to the Board. The court held President Obama could not constitutionality make those appointments without U.S. Senate confirmation because the Senate was not in recess. National Right to Work Foundation staff attorneys filed an amicus curiae brief jointly with the Landmark Legal Foundation in the case.

As a result of the court's ruling, since at least January 3, 2012, the Board has lacked a quorum as required by a U.S. Supreme Court precedent established in 2010, thus invalidating the Board's rulings since that time. Click here to see a chart displaying the many cases invalidated by the court's decision in Noel Canning.

Click here to read other posts located at the "NLRB Watch" page. And be sure to follow the National Right to Work Foundation on Facebook and Twitter to get alerts on new "NLRB Watch" posts!

Federal Appeals Court Strikes Down NLRB Rule to Push More Workers into Union Ranks

News Release

Federal Appeals Court Strikes Down NLRB Rule to Push More Workers into Union Ranks

Right to Work Foundation fights Labor Board's decision to promote monopoly unionism in virtually every workplace in America

Washington, DC (May 7, 2013) – Today, the U.S. Court of Appeals for the District of Columbia struck down the National Labor Relations Board's (NLRB) controversial new rule requiring virtually every private-sector employer in the country to post one-sided information about employee rights online and in the workplace, even if the employer had never been accused of unfair labor practices.

Mark Mix, President of the National Right to Work Foundation, made the following statement in the wake of the ruling:

"National Right to Work Foundation attorneys argued that the NLRB had exceeded its authority granted by Congress.

"We are pleased that the D.C. Circuit has reined in one of the NLRB's more outrageous efforts to expand itself into a taxpayer-funded union organizing operation by holding that the federal agency cannot compel private entities to post pro-union messages in their workplaces.

"The NLRB's unprecedented actions infringed upon free speech and clearly exceeded the agency's statutory authority. This is a good day both for workers and all who value workplace independence and free speech."


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