September 8, 2011

Posted by Ann McCulloch

With the President set to unveil his jobs agenda to the nation tonight, one very critical item will most certainly not be discussed that should be – the unnecessary and potentially damaging proposed regulations and other rulings that have been coming from the National Labor Relations Board and the Department of Labor regarding union activity.  The recent NLRB decision in the Boeing case, two proposed DOL and NLRB regulations, and one recently announced NLRB case all mark a significant overreach on the part of the Administration and a disturbing trend that needs to be reversed. 

Activity at the NLRB began to pick up over the summer when the NLRB announced that it would block Boeing from locating a facility in South Carolina, favoring instead a location in Washington State.  This type of government intrusion into a business decision sets a dangerous precedent.  In late June, the NLRB also issued a proposed rule that would dramatically shorten the time frame in which a union election may be held.  MEMA opposed this rulemaking and filed comments with the NLRB, joining many in the business community with similar views.  On the same day that the NLRB rulemaking was issued, the Department of Labor released a proposed rule which MEMA will also oppose that would change the definition of persuader activity, effectively limiting an employer’s ability to seek counsel in matters relating to union elections.  Lastly, the NLRB’s recent ruling in the case of Specialty Healthcare and Rehabilitation Center of Mobile, the Board issued a decision that creates a scenario in which as few as two people can comprise a collective bargaining unit.   

MEMA is encouraging all AASA, HDMA, MERA and OESA members to weigh in with their Members of Congress and express strong opposition to what amounts to back door card check efforts coming from the DOL and the NLRB.  Suppliers can also support a bill in Congress, H.R. 2587, the Protecting Jobs from Government Interference Act, which will help curb NLRB efforts by giving employers the freedom make critical business decisions such as where to locate a facility without government interference.  More information can be found on MEMA’s Action Center.   

Especially given the continued precarious state of the economy, Congress and the President need to take a closer look at the detrimental impact these proposals would have and take immediate actions to stop their implementation.  Quite simply, now is not the time for agencies within the Administration to be following anything but an agenda where job retention and expansion are the main components.