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* How many Labor law(s) has Douglas J. McCarron violated here and over his 21-year reign of Criminal Racketeering, bribery to NLRB, DOL, DOJ bureaucrats & Appellate Court of Federal District Court judges (so we hear; wink-wink) or U.S. Presidents when the need arises?
* How many hundreds of millions of your Per Capita Tax & Spend Dough has ole Dougie Boy spent orchestrating test cases in the aforemetnioned forums, which by his puppetmasters design were out put forth to screw you out of longstanding NLRA, LMRA & ERISA rights which members of every other Union out there but ours - still enjoys?
You can all start with One Man, One Vote per NLRA Section 7 & then move on to Voting on your Contract which you work under vs. sellout PLA's or unpublished agreements you never see or can read (e.g. the International Agreement).
* How many tens of millions has he spent suing members directly or putting forth fraudulent Trusteeships to steal Local Union and/or District Council member monies, real property and the intangible assets of each only to stuff the ill gotten gains into the International coffers or offshore accounts (so we hear)?
B. The Company Violated Section 8(a)(1) of the NLRA by Enforcing the Agreement in a Way that Interferes with Employees’ Section 7 Rights
Section 7 of the NLRA guarantees employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and . . .to refrain from any or all of such activities.” 29 U.S.C. § 157 (emphasis added). Section 8(a)(1) of the NLRA, 29 U.S.C. § 158(a)(1), prohibits employers from engaging in conduct that “reasonably tends to interfere with, restrain or coerce employees” in the exercise of rights guaranteed by Section 7. NLRB v. Laredo Coca Cola Bottling Co., 613 F.2d 1338, 1340-41 (5th Cir. 1980). Under well established Board precedent, approved by this Court, a work rule is unlawful under Section 8(a)(1) if it explicitly restricts, or is applied to restrict, activities protected by Section 7. Lutheran Heritage Vill.-Livonia, 343 NLRB 646, 646-47 (2004);
While circuit law stands in the way of the panel’s acceptance of the Board’s
arguments, it is open to the panel to suggest to the full Court the appropriateness of
en banc review to reconsider circuit law. See 5th Cir. IOP 35.
Case: 16-60034 Document: 00513573904 Page: 25 Date Filed: 06/30/2016
Flex Frac Logistics, LLC v. NLRB, 746 F.3d 205, 208-09 (5th Cir. 2014); see also D.R. Horton, 737 F.3d at 363 (applying Lutheran Heritage to assess whether arbitration agreement interfered with employees’ right to file Board charges). Central to this case is the Board’s court-approved interpretation of Section 7 as protecting the right of employees to engage in concerted legal activity as part of the broader right to engage in concerted activity for mutual aid or protection. Eastex, 437 U.S. at 565-66 & nn.15-16 (1978) (recognizing that Section 7 encompasses not only collective bargaining but also other concerted activity, both in the workplace and in legislative and judicial forums); Murphy Oil USA, Inc., 361 NLRB No. 72, 2014 WL 5465454, *1 (Oct. 28, 2014) (quoting Eastex and noting Supreme Court’s agreement that “Section 7 protects employees ‘when they seek to improve working conditions through resort to administrative and judicialforums’”); Lewis v. Epic Sys. Corp., No. 15-2997, 2016 WL 3029464, at *2 (7th Cir. May 26, 2016) (“[F]iling a collective or class action suit constitutes ‘concerted activit[y]’ under Section 7.”); Altex Ready Mixed Concrete Corp. v. NLRB, 542 F.2d 295, 297 (5th Cir. 1976) (“Generally, filing by employees of a labor related civil action is protected activity under Section 7 of the NLRA unless the employees acted in bad faith.”).4 Courts have recognized that the Board’s construction falls
See also Brady v. Nat’l Football League, 644 F.3d 661, 673 (8th Cir. 2011) (“[A]
lawsuit filed in good faith by a group of employees to achieve more favorable
terms or conditions of employment is ‘concerted activity’ under [Section] 7 . . . .”)
Case: 16-60034 Document: 00513573904 Page: 26 Date Filed: 06/30/2016
squarely within its expertise and its responsibility for delineating federal labor law, generally, and Section 7 in particular. See City Disposal, 465 U.S. at 829 (noting that “the task of defining the scope of [Section] 7 ‘is for the Board to perform in the first instance as it considers the wide variety of cases that come before it’”) (quoting Eastex, 437 U.S. at 568). Equally rooted in longstanding Board and judicial precedent is the principle that individual contracts that prospectively waive Section 7 rights violate Section 8(a)(1) “no matter what the circumstances that justify their execution or what their terms.” J.I. Case Co. v. NLRB, 321 U.S. 332, 337 (1944); Nat’l Licorice Co. v. (emphasis in original); Mohave Elec. Coop., Inc. v. NLRB, 206 F.3d 1183, 1188-89 (D.C. Cir. 2000) (concerted petitions for injunctions against workplace harassment); Spandsco Oil & Royalty Co., 42 NLRB 942, 948-50 (1942) (finding protected three employees’ joint lawsuit filed under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201, et seq. The Company’s insistence (Br. 66-69) that Torres’ wage-related lawsuit was not “concerted” because she filed it as a single plaintiff on behalf of similarly situated employees is without merit. As the Board observed: “‘the filing of an employment-related class or collective action by an individual is an attempt to initiate, to induce, or to prepare the group for action and is therefore conduct protected by Section 7.’” ROA 397 n.2, quoting Beyoglu, 362 NLRB No. 152, 2015 WL 4572913 (July 29, 2015); accord Meyers Indus., 281 NLRB 882, 887 (1986) (concerted activity “encompasses those circumstances where individual employees seek to initiate or to induce or to prepare for group action . . . .”), enforced sub nom., Prill v. NLRB, 835 F.2d 1481 (D.C. Cir. 1987). By filing her lawsuit as a putative collective action, Torres signaled her intent to proceed collectively, and sought to induce participation of similarly situated employees. Thus, contrary to the Company’s characterization (Br. 68), Torres’ filing of the complaint was not the isolated conduct of a single employee, but, rather, the
inchoate stages of concerted activity.
Case: 16-60034 Document: 00513573904 Page: 27 Date Filed: 06/30/2016
NLRB, 309 U.S. 350, 364 (1940) (“[E]mployers cannot set at naught the [NLRA] by inducing their workmen to agree not to demand performance of the duties which the [statute] imposes.”); Lewis, 2016 WL 3029464, at *4 (agreeing with longstanding precedent finding contracts requiring employees to renounce Section 7 rights are unlawful); NLRB v. Port Gibson Veneer & Box Co., 167 F.2d 144, 146 (5th Cir. 1948) (employers “may not require individual employees to sign employment contracts which, though not unlawful in their terms, are used to deter self-organization”); First Legal Support Servs., 342 NLRB 350, 362-63 (2004) (unlawful to have employees sign contracts stripping them of right to organize).5 This Court’s decision in D.R. Horton did not undermine those fundamental, longstanding principles. Indeed, this Court acknowledged that the Board’s interpretation of Section 7 finds support in Supreme Court and circuit precedent.
See also NLRB v. Stone, 125 F.2d 752, 756 (7th Cir. 1942) (finding that
individual contracts requiring employees to adjust their grievances with their
employer individually violate the NLRA, even without coercion); Eddyleon
Chocolate Co., 301 NLRB 887, 887 (1991) (unlawful to ask job applicant to agree
not to join union); Bon Harbor Nursing & Rehab. Ctr., 348 NLRB 1062, 1073,
1078 (2006) (employer unlawfully conditioned employees’ reinstatement, after
dismissal for non-union concerted protest, on agreement not to engage in further
similar protests); Ishikawa Gasket Am., Inc., 337 NLRB 175, 175-76 (2001)
(employer unlawfully conditioned employee’s severance payments on agreement
not to help other employees in workplace disputes or act “contrary to the
[employer’s] interests in remaining union-free”), enforced, 354 F.3d 534 (6th Cir.
2004); McKesson Drug Co., 337 NLRB 935, 938 (2002) (finding employer
violated Section 8(a)(1) by conditioning return to work from suspension on broad
waiver of rights, both present and future, to invoke Board’s processes for alleged
unfair labor practices).
Case: 16-60034 Document: 00513573904 Page: 28 Date Filed: 06/30/2016
D.R. Horton, 737 F.3d at 356-57 (citing City Disposal, 465 U.S. at 831-82, 835-36; Brady, 644 F.3d at 673; 127 Rest. Corp., 331 NLRB 269, 275-76 (2000)). Under the well-accepted principles set forth above, the Board properly found (ROA 397 n.2) that the Company’s application of the Agreement to curb employees’ Section 7 rights rendered the Agreement unlawful under Lutheran Heritage. 343 NLRB at 647 (rule unlawful if applied to restrict Section 7 rights). It is the rule’s application to protected conduct that establishes its unlawfulness. It does not matter that the rule or policy itself does not explicitly restrict Section 7 activity; enforcement alone is an unfair labor practice. See Countrywide Fin. Corp., 362 NLRB No. 165, 2015 WL 4882655, at *4-6 (Aug. 14, 2015), petition for review filed, 9th Cir. 15-72700, 15-73222; Hitachi Capital Am. Corp., 361 NLRB No. 19, 2014 WL 3897175, at *3 (Aug. 8, 2014).
How many Illegal Aliens are working in the 50-State Right to Work UBCJA? They're Doug's favorite commodity thus the mad rush in every D.C. to only hire bi-lingual so called Organizers. The UBC doesn't hire white guys anymore & everyone knows it. Speak English or go home - it's called assimilation baby so get with the program.
BORDER PATROL - BILL CLINTON'S 1995 STATE OF THE UNION SPEECH
All Americans, not only in the states most heavily affected but in every place in this country, are rightly disturbed by the large numbers of illegal aliens entering our country. The jobs they hold might otherwise be held by citizens or legal immigrants. The public service they use impose burdens on our taxpayers.
That's why our administration has moved aggressively to secure our borders more by hiring a record number of new border guards, by deporting twice as many criminal aliens as ever before, by cracking down on illegal hiring, by barring welfare benefits to illegal aliens.
In the budget I will present to you, we will try to do more to speed the deportation of illegal aliens who are arrested for crimes, to better identify illegal aliens in the workplace as recommended by the commission headed by former Congresswoman Barbara Jordan.
We are a nation of immigrants. But we are also a nation of laws. It is wrong and ultimately self-defeating for a nation of immigrants to permit the kind of abuse of our immigration laws we have seen in recent years, and we must do more to stop it.
And yet, the apologist Liberal Media keeps putting forth the same lie in did in 1990; that there are 12 million illegal aliens in America. Nice try but far off. America has a min. of 60-Million Illegal Aliens in the country in 2016 - half of which, via their obtaining illegal Driver Licenses in the Sanctuary state & cities subsequently are Registered to Vote by; you guessed it, the Saul Alinsky Femocrats/Socliaists, a.k.a. the Democrats, the party hell bent on destroying and bankrupting America.
Time for a a new Constitutional Amendment limiting the right to vote to property owners/taxpayers footing the bill - then, the bullshit will stop, as will the stolen elections notwithstanding the dead voters the Femocrats have lined up for this election cycle.
You don't work, you don't eat and you don't get to have your anchor baby in an American hospital courtesy of those who do work and then get the free housing, food, clothing, telephone, gas, electric, cable & an Obama Phone to go along with it, nor do you get to vote if you are a felon.
BORDER PATROL - BILL CLINTON'S 1995 STATE OF THE UNION SPEECH; excerpt @ 45:32 in through 46:45 minutes into speech.
Liberal Hypocrisy at it's peak! When Trump speaks of the impact; he's a big hater and racist; but when the Clinton's speak - it's a "New Covenant"; feigning religious beliefs (e.g.the New Testament in the Bible; the book the Dem's & Lib's have outlawed along with the 10-Commandments, morals and common sense). The Clinton's are an absolute joke from the word go and everyone knows it, less the consumate liars out there, the chief culptrit being the Mainstream Media
Ted talk all you want (As you always do). There's nothing you CAN or WILL do about it.
YES WE COULD,RUN A INVESTIGATION,THINGS COULD BE DONE AND WILL BE DONE.
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