– Re: Labor Board Case Against Boeing Points to Fights to Come
In Reply To
In this situation, the case proffered by Lafe Solomon against Boeing shall not stand.
394 US 759 (1969) NLRB v. Wyman-Gordon Co, decided April 23, 1969 provides a classic example wherein the Supreme Court negatives the action of the NLRB Board when they start drawing outside the lines of their limited & defined purpose as a "Quasi-Judicial" Governmental Agency charge with administering the NLRA.
The Supreme Court has issued countless landmark decisions (too nummerous to list) wherein they put the Agency in its rightful place when the agency issues rules & decisions outside its comeptence to administer.
That the NLRB Board & General Counsel think they may draw outside these lines and accord to themselves a "Quasi-Legislative" position and role in the Federal landscape of creating law, via fraud and artifice of a "Quasi-Legislative" position under the "Rulemaking Processes of the Adminsitrative Procedures Act" is both far fetched and legally shall fail once Boeing gets this case throough the Appellate level and on to the United States Supreme Court for an opinion.
For sure, this is a case which the now conservative Supreme Court will put on the calender.
As with the progeny of NLRB Board decision & orders and the line throughout the Supreme Court wherein non-interference with the bargaining processes of labor & private sector business meet - the Supreme Court, unlike the NLRB Board when issuing D & O's for political purposes shall in any event rule on the law.
The error in law which the NLRB General Counsel makes in the instant cases is readily apparent - whereby; until the case is adjudicated by a Court of competent jurisdiction, simply put, NLRB Board rule-making authority via the A.P.A. & the Federal Register go by the wayside.
The Boeing case is a clear example of the Boards General Counsel putting the proverbial cart before the horse.
That adjudicated cases may & do serve as vehicles for formulation of future agency policies, pratices and rule-making; until the predicate act of adjudication has issued, the NLRB is not in the position to make a rule aimed at applying to future cases as opposed to the current controversey which they attempt via quasi-legislative decree in the Boeing case.
Moreover, it does not lend license to the Board to take on the role clearly left to Congress, which remains the power to initiate, enact, author, amend legislation.... a role clearly outside of their competence to enforce. The US Supreme Court will have a field day correcting the General Counsel in this case.
Having said that - we need now turn to all the wrongly decided Court cases which have issued against the UBC rank & file worker, our union brothers & sisters....the cases which have ultimately destroyed the UBC where in direct contravention to factual cases, precedent & landmark Court decisions the NLRB Board and certain Courts and the DOL have worked in concert with the UBC to wrongly deny guaranteed rights to rank & file members both prior to and during the McCarron regime; one defined by dictatorial rule, collusion & fraud upon the courts with the consent of the DOL & NLRB.