Posted on 09/01/2014 9:55:39 AM PDT by jazusamo
Labor Day provides the opportunity to evaluate those government agencies that impact the workplace, and gauge if they are helping or hurting the employment situation in America.
In the six Labor Days since President Obama took office, his appointees have gone to outrageous lengths to compel the 93 percent of the private-sector workforce who don't belong to an organized labor union to become dues-paying members.
While the Labor Department and the National Mediation Board have each pushed hard to create rules that overwhelmingly favor union organizers over those employees who oppose unionization, it is the National Labor Relations Board (NLRB) which has taken the most outlandish actions in their attempt to tip the balance toward primary Democratic Party funders in Big Labor. Few need to be reminded of the NLRB's general counsel's failed attempt to compel Boeing Corp. to remain in union-friendly Washington state, rather than relocating to South Carolina. After garnering national headlines and sending Congress into a frenzy, the NLRB backed down from their attempt to stop the aircraft manufacturer's move to the right-to-work state. But the audacity displayed by the agency — that they believed they could dictate company relocation or expansion decisions — made this obscure entity a national talking point of big government gone wrong.
The general counsel, at the same time, filed a lawsuit against two states whose voters had affirmed the right to secret ballots in union elections through their state constitutional amendment processes. The uproar in the states being sued was real, but this NLRB threat largely faded away as Big Labor's attempt to do away with secret elections through congressional action failed.
Now, the NLRB is going off the rails again. They have decided to destroy business franchise/franchisee agreements by allowing the corporations that spin out thousands of small businesses using their name, business model and products to be sued over the alleged actions of a few of the small, independent business.
This strikes at the heart of the independence of almost 1 million locally owned franchise businesses. If the actions of a few franchises can drag the corporate partner into legal action, then the cost of operating this small business model rapidly escalates, and the advantages of splitting profits with local, independent store operators rapidly disintegrate.
If the left wants to change the franchise laws, that is their prerogative. They need to go to Congress and seek to change the law, not go to the rogue, Big Labor-controlled NLRB to rewrite the law.
It's three strikes and you're out for the NLRB's ability to play investigator, prosecutor, judge, jury and executioner when it comes to our nation's labor laws. Legislation by Rep. Austin Scott (R-Ga.) that would rein in the NLRB's outrageous, one-sided behavior by stripping away the NLRB's adjudicatory authority, returning it to the federal justice system where it belongs.
It is time to rip the power over our nation's labor laws from this rogue body's grip and give it back to Congress and the federal court system. It is time for the House of Representatives to pass Austin Scott's Protecting American Jobs Act.
The author is vice president of public policy and communications for Americans for Limited Government and a former appointee in the George W. Bush Labor Department.
Its Small Business Day, now get out and do some business with a small businessman.
BUMP!
#SmallBusinessDay on twitter.
Even CA doesn’t agree:
the California Supreme Court held that a franchisor, Domino’s, could not be held responsible for a sexual harassment charge against the manager of one of its franchisees
http://article.wn.com/view/2014/08/30/IFA_Lauds_Domino_s_Decision_by_California_Supreme_Court_IFA_/
Good news, that’s a pleasant surprise coming from the CSC.
This the undercurrent of Obama’s conversation with Joe the Plumber. Joe wanted to go out on his own , start his own business; Obama wanted him to stay where he was,an employee, making more money and earlier; unstated , but likely with the help of unionization.
They would probably sue big oil because the Chevy uses gasoline.
If the Car had Leather Seats, they could sue the Rancher.
My intention is not to turn victims into criminals, but the following explanation is why small business owners are a part of the NLRB problem imo.
As mentioned in related theads, as a consequence of the parents of small business owners not making sure that their children were taught about the federal government’s constitutionally limited powers the way that the Founding States had intended for those powers to be understood, small business owners are helpless with respect to being able to point out the following major constitutional problems with the NLRB.
First, note that the Founding States made the first numbered clauses in the Constitution, Sections 1-3 of Article I, to clarify that all federal legislative powers are vested in the elected members of Congress, not in the executive or judicial branches, or in the non-elected bureaucrats running constitutionally undefined “independent federal regulatory agencies” like the NLRB. So Congress has a monopoly on federal legislative powers whether it wants it or not. And by delegating federal legislative / regulatory powers to non-elected bureaucrats, corrupt Congress is wrongly protecting federal legislative powers from the wrath of the voters in blatant defiance of the constitutional statutes referenced above.
Next, with the exception of the federal entities indicated in the Constitution’s Clauses 16 & 17 of Section 8 of Article I as examples, entities under the exclusive legislative control of Congress, the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate intrastate labor issues. So not only is the NLRB wrongly independently exercisising federal regulatory powers in blatant defiance of Section 1-3 indicated above, but NLRB is exercising powers that Congress doesn’t even have.
Again, since small business owens are probably clueless about the federal government’s constitutionally limited powers, they remain unnecessarily silent sheep while the constitutionally toothless federal NLRB pirates their businesses.
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