U.S. Supreme Court: An Opportunity to Protect Fundamental Freedoms

On July 22, 2013, in NLRB, by Staff

By devilatourdoorstep The U. S. Supreme Court has agreed to hear two cases in the next year which will determine whether persons will be protected in their exercise of the fundamental right to either choose whether to engage in union representation or to abstain from such representation, and to make such decision absent intimidation from […]

By devilatourdoorstep

The U. S. Supreme Court has agreed to hear two cases in the next year which will determine whether persons will be protected in their exercise of the fundamental right to either choose whether to engage in union representation or to abstain from such representation, and to make such decision absent intimidation from either the union or their employer via the secret ballot election — the same process we use to elect our local, state and federal government officials. Interestingly, both cases stem from the President’s attempt to provide political payback to his allies in Big Labor through the Rogue NLRB.

In the first case, the U.S. Supreme Court will decide if the President acted unconstitutionally when he made several recess appointments to the agency charged with oversight of labor-management disputes, the National Labor Relations Board. The lower courts,  U.S. District Court of Appeals for the District of , and the U.S. Third Court of Appeals both found the appointments unconstitutional (see Supreme Court to Consider Obama Recess Appointments and Appeals Court Nixed Obama’s Recess Appointments). This case not only has important implications concerning the further shredding of our constitution  by the Obama Administration, but also Obama’s lawlessness in bypassing other branches of our government, and ignoring the tenant of the separation of powers of the branches of government, to further his own socialistic goals by appointing his own radical people without review and agreement by the legislative branch. In the case of the NLRB, his appointees’ seek to reach the Administration’s objective of achieving Card Check through Regulation vs. Legislation! Simply put, the goal is to eliminate employees rights to a secret ballot election and replace it with Card Check as the means for employees to determine if they wish union representation. If you listened to the Administration’s and Big Labor’s rhetoric, what could be more simple and fair? Unfortunately, it is a process of coercion and intimidation as chronicled in The Devil at Our Doorstep. A process aptly named Death by a Thousand Cuts, which forces employers and employees to capitulate and be subjected to the terms of the so called Neutrality Agreement through ruthless Corporate Campaigns! An agreement that is hardly neutral and subjects both the employees and the employer to Big Labor’s Persuasion of Power!

The first case, however, is just the Tip of the Iceberg. The other involves a question of the validity of Big Labor’s sacred cow, the aforementioned Neutrality Agreement (see BNA – Supreme Court Agrees to Review LMRA Case Invovling Section 302, Neutrality Agreement). To appreciate this case and its relevance, one must understand why this agreement is so important to the Big Labor Gasping Dinosaurs. As documented in previous blogs, unions have been on a steady decline since 1947 when Congress, following more than a decade of union corruption, passed the Taft-Hartley Act. Of the many important provisions of the Act, perhaps none was more so than the guarantee of the secret ballot election which, for all intents and purposes, eliminated Card Check!  Since its peak prior

 

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