OSHA Opens New Door For Big Labor

On May 7, 2013, in NLRB, by Staff

By devilatourdoorstep Last week, OSHA joined the ranks of the National Labor Relations Board (NLRB), the Department of Labor (DOL), and the Equal Employment Opportunity Commission (EEOC) in furthering the Obama Administration’s push to implement “card check” as pay back for Big Labor’s political contributions and ground game support during the past two Presidential Elections […]

By devilatourdoorstep

Last week, OSHA joined the ranks of the National Labor Relations Board (NLRB), the Department of Labor (DOL), and the Equal Employment Opportunity Commission (EEOC) in furthering the Obama Administration’s push to implement “card check” as pay back for Big Labor’s political contributions and ground game support during the past two Presidential Elections (see past blog, Card Check through Regulation vs. Legislation).

OSHA’s latest published “Interpretation Letter,” permitting non-union employees to utilize union reps as their representatives during an OSHA inspection is absolutely frightening (see ALERT – L&E_OSHA Interpretation Letter Non-Union Employees Representative)! Just as frightening, is that this interpretation has not been widely reported by the mainstream media!

Perhaps the silence is the result of the media’s view that the provisions contained in the “interpretation letter” amount to nothing more than harmless, common sense provisions designed to assist employees who feel exposed to potential unsafe working conditions. On the surface this would seem reasonable. However, this provision has been part of OSHA regulations for years. Never before has it been interpreted to allow non-union employees to utilize a third-party union to act as their representative.

So, why now? Despite the Administration’s best attempts, Big Labor continues to lose hundreds of thousands of members as they have lost all relevance and no longer deliver a product of value.  This action by the Obama Administration through its Chief Safety Regulator opens a huge opportunity for unions to enter non-union facilities under the auspices of government approval, and to begin organizing the employees. The unions have become enabled enabled with recent Rogue NLRB decisions allowing unionization of small groups of employees, or “micro-units” within an employers business.  These actions are nothing but blatant Administration attempts to provide Big Labor the opportunity to get its foot in the door of non-union facilities where they previously had no chance to organize the workforce!

During the SEIU’s Corporate Campaigns against my company (EMS), the SEIU actually utilized this tactic in order to defame and intimidate the company into signing a Neutrality Agreement thus eliminating the secret ballot election and imposing Card Check, as chronicled in The Devil at Our Doorstep. The SEIU was, ultimately, unsuccessful.   However, had these two decisions been in place at the time, the SEIU might very well have been successful in organizing a small unit of employees within EMS’s workforce.  The union would simply have to convince, by any means necessary, a couple of employees to join the union cause. They would then allege “safety violations” to OSHA. would then likely appear for an inspection, generally encompassing not just the complained of activities, but any potential safety concern, no matter how large or small.  This, of course, poses substantial risk, both financially and to the reputation of the targeted company.

The SEIU took these actions against EMS in Cincinnati and Indianapolis. If the SEIU would have been allowed to represent these misguided employees the outcome most likely would have been much different then related in the following excerpt from The Devil at Our Doorstep and

 

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