This post was updated on .
Statement of Peter C. Schaumber
Former Chairman, National Labor Relations Board
Committee on Education and the Workforce
United States House of Representatives
July 7, 2011
“Rushing Union Elections: Protecting the Interests of Big Labor at the Expense of Workers’ Free Choice”
25-page statement by former NLRB Board member Peter Schaumber on EFCA (Card Check) and Quickie Elections, proposed Rule Changes by the Board which conflict with Federal Law, longstanding Board precedent and Supreme Court decisions; and, which interfere with the very predicate and core of the Act...Secret Ballot Elections
Must read by the Court, the USAO and IRO.
As has been amply stated prior, the NLRB is a quasi-judicial and quasi-legislative Inferior Department of the Executive Branch of government under our Federal Constitution.
It is not the Congress and it cannot alter, change or amend Federal Law via the very limited quasi-legislative rule-making grant of authority under the procedures prescribed by the Administrative Procedures Act (APA) [EMPHASIS ON "ADMINISTRATIVE"] and further detailed by procedures within the Federal Register. Rule-making under the APA is distinct from the legislative role of Congress to initiate, author, approve or amend the laws once passed & signed into law by the President.
That Congress has failed to pass EFCA 4-times now, does not give license to the Board to subsume the role of the Congress and amend the laws to suit their political agenda, nor does it give the UBCJA, the power, authority or license through a Federal Civil Consent Decree to amend, alter or change federal law to suit the UBCJA's Corporate Agenda.
Now - here is the kick in the pants.....Should the current Board get this passed, without exceptions, appeals or review at the Supreme Court, well, after 16-years + of tyrannical rule by the UBCJA under one man's vision of a Dictatorship...well, that will change as the process to wave goodbye to the UBCJA shall be fastracked via the 30% rule to certify a new representative.
As fast as the UBCJA International can impose another LMRDA Trusteeship in pursuit of illegitimate ends (stealing the assets, both tangible and intangible) - the faster the exodus shall be from the UBCJA. There may be justice afterall.
This post was updated on .
Is this the end of Secret Ballot Elections in the Union?
Will the Supreme Court allow an Inferior Department of the Executive Branch of the Federal Government to invade the Congressional authority to author, debate, vote, pass and approve legislation or amend laws after passage?
Watch & find out - the NLRB is trying to pull a fast one here. Their quasi-judicial powers are limited, as is their diminutive role in minor rules making procedures allowed under the limited grant of power per the Administrative Procedures Act (APA) and Federal Register guidelines.
The Federal Constitution does not allow or provide for it, not will the Supreme Court be humored by their back-door attempt to seize the power of the Legislative Branch of Government.
MARCH 27, 2002 - Chief Justice Rehnquist in Hoffman Plastics
Since Southern S. S. Co., we have accordingly never deferred to the Board’s remedial preferences where such preferences potentially trench upon federal statutes and policies unrelated to the NLRA. Thus, we have precluded the Board from enforcing orders found in conflict with the Bankruptcy Code, see Bildisco, supra, at 527—534, 529, n. 9 (“While the Board’s interpretation of the NLRA should be given some deference, the proposition that the Board’s interpretation of statutes outside its expertise is likewise to be deferred to is novel”), rejected claims that federal antitrust policy should defer to the NLRA, Connell Constr. Co. v. Plumbers, 421 U.S. 616, 626 (1975), and precluded the Board from selecting remedies pursuant to its own interpretation of the Interstate Commerce Act, Carpenters v. NLRB, 357 U.S. 93, 108—110 (1958).
The NLRA and the Federal Constitution hold sacred the right to secret ballot elections.
This is already a fait accompli - as the Board has the majority it wants, the hearings are but a mere dog & pony show. As ususal, the Unions & Taxpayers are footing the bill for the field trip to Washington.
Anyone see the UBCJA on the list? Funny thing, that pesky little thing called the right to vote. You'd think Doug would be there speaking highly about that bought decision in the First Circuit. Guess his counsel thought it wise for him to remain silent.
Afterall, he has spent a $150M plus in legal bills in his tenure working every Region of the Board, the District Courts of all 50-States & the 13 Appellate Courts pushing bogus suits through the system to negate the NLRA in its entirety.
He has spent another $50M taking care of Politicans that the rank & file does not support, nor were allowed a voice or vote on. His last choice - supporting BHO may be his undoing.
The hypocrite McCarron laudes the UBC's "Helmets to Hardhats" program for returning Vet's.
The American Troops who bled, fought and died to secure the Democratic right to Vote in Iraq - signified by the "Purple Thumbs" - are denied that very same Right to Vote by Douglas J. McCarron & the United Brotherhood of Carpenters when they return home.
July 14, 2011
Office of Public Affairs
The National Labor Relations Board today released the schedule for a two-day open meeting on its recently-proposed election rule amendments, with 62 speakers representing a wide range of perspectives scheduled to address the current four members of the Board. The list of speakers and their order of appearance is available here.
The open meeting, which runs from 9 a.m. to 4 p.m. on July 18 and 19, will be webcast in its entirety and can be viewed through the agency’s website at www.nlrb.gov. The meeting, at NLRB headquarters, 1099 14th NW, Washington DC, is also open to the public, although space is limited and attendees who have not registered may be seated in overflow rooms with closed circuit video. See earlier news release for details. Members of the media wishing to attend should contact the Office of Public Affairs at 202-273-1991.
Public comments on the proposed amendments may also be submitted in writing by August 22, 2011, either electronically through www.regulations.gov or by mail or hand delivery to Lester A. Heltzer, Executive Secretary, NLRB, 1099 14th Street NW, Washington DC 20570. Responses to the initial comments may be filed during an additional 14 day period thereafter.
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