Everything You Knew About Labor
Relations . . . Has Changed

A Compelling Program from AIM on the New World of Labor Relations

Since the Recess Appointments by President Obama to install two former union attorneys, Craig Becker and Mark Pearce, on the National Labor Relations Board (NLRB) and elevation of a third former union employee, Wilma Liebman, to the position of Chairwoman of the NLRB, Associated Industries of Massachusetts has been active in educating our members as to the impact of these appointments on union expansion plans.

Significant events have unfolded that reinforce the message of our seminars and A.I.M.’s continuing concern over the course this Administration and Congressional majority have charted in support of big labor.

First, the National Labor Relations Board (NLRB) issued a request for information on ‘procuring and implementing secure electronic voting services both for remote and on-site elections.” The request seems to be a prelude to rule changes in the conduct of representation elections.

Next, organized labor spent more than $6 million in radio and television advertising in an unsuccessful attempt to defeat Senator Blanche Lincoln (D-Ark).  The unions came up short despite 170,000 rung doorbells, 2.7 million pieces of mail and 700,000 phone calls.  Why did a state with 1.1 million workers and only 47,000 union members draw the attention of big labor?  Because Senator Lincoln voiced her opposition to the Employee Free Choice Act.

Third, the United States Supreme Court ruled that approximately 600 labor issues decided by the NLRB while it only had two members were invalid and need to be reheard.  Since these cases were initially non-controversial enough to be settled by one Democrat and one Republican member, it will be interesting, and concerning, to see how these issues are re-determined by the new Board.

Finally, the Senate agreed to confirm Mark Pearce and the President’s Republican nominee to the NLRB, Brian Hayes.  But the senate refused again to confirm former union Lawyer Craig Becker.  The end of his recess appointment in September 2011 limits the window for decision-making with the current Board composition and although he can be re-appointed with a second recess appointment, the risk of a change in Congressional majority is a factor in how quickly the NLRB will move to change policy and rules.

Let us keep you apprised of the situation. AIM’s Mike Rudman will provide an onsite program that will outline the new realities, the risks they pose to your enterprise and preventive measures to reduce your vulnerability. Mike Rudman brings with him the unique experience of having negotiated union contracts over several decades for some of the nation’s largest employers. He knows companies; he knows unions and knows the outlook of the new NLRB commissioners, including Mr. Becker, who wrote in 1993 that "…employers should be stripped of any legally cognizable interest in their employee’s election of representatives."

Please contact Bill Baldino [[email protected]] for information regarding scheduling and cost of this valuable program.