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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTwo GOP Judges Just Voted To Eliminate Union Rights, Here’s How The Senate Can Stop Them
Two GOP Judges Just Voted To Eliminate Union Rights, Heres How The Senate Can Stop Them
By Ian Millhiser
Two events this morning strike at the heart of whether workers have the right to organize. The first is a brand new decision by two Republican judges on the United States Court of Appeals for the Third Circuit striking down President Obamas recess appointments to the National Labor Relations Board (NLRB). The second is a confirmation hearing, coincidentally being held this morning, on five nominees to that same Board. If the Third Circuits opinion stands, and the five nominees are not confirmed, the practical result will be a blank check for union-busting employers.
The background here stretches back to a 2010 decision by the Supreme Court holding that the NLRB is powerless to act unless it has a quorum of at least three members. The NLRB has exclusive jurisdiction over what are known as unfair labor practices, meaning that it is the only body of government permitted to enforce much of federal labor law. If the NLRB is powerless to act, there will be no one to enforce workers rights to join a union without intimidation from their employer. No one to enforce workers rights to join together to oppose abusive work conditions. And no one to make an employer actually bargain with a union. Without an NLRB to enforce the law, it may be possible for an employer to round up all of their pro-union workers, fire them, and then replace them with anti-union scabs who will immediately call a vote to decertify the union.
This reality gave Senate Republican filibusters of President Obamas NLRB nominees a special aura of danger...To ward this off, President Obama recess appointed three people to the NLRB nearly a year and a half ago. A panel of Republican-appointed judges on the United States Court of Appeals for the D.C. Circuit struck down those recess appointments earlier this year. And, today, two more Republican judges voted to strike down the same appointments (an Obama appointee on the same court voted to uphold them).
While the rationale behind the these two court decisions is somewhat different, its not clear how much legal arguments actually matter in a case like this. The bottom line is that every Republican judge to consider the matter has now struck down President Obamas appointments. There are five Republicans, and only four Democrats on the Supreme Court. Thats probably all you need to know if youre placing bets on how the justices will resolve the case...Without recess appointments most of federal labor law ceases to exist until the seats on the NLRB are filled indeed, some 1,400 NLRB decisions may be retroactively invalidated. Without federal labor law, nothing prevents employers from engaging in the most ruthless purges of unions seen in this country since before the New Deal. And all that Senate Republicans need to do to maintain this status quo is to keep filibustering President Obamas nominees.
- more -
http://thinkprogress.org/justice/2013/05/16/2020841/two-gop-judges-just-voted-to-eliminate-union-rights-heres-how-the-senate-can-stop-them/
By Ian Millhiser
Two events this morning strike at the heart of whether workers have the right to organize. The first is a brand new decision by two Republican judges on the United States Court of Appeals for the Third Circuit striking down President Obamas recess appointments to the National Labor Relations Board (NLRB). The second is a confirmation hearing, coincidentally being held this morning, on five nominees to that same Board. If the Third Circuits opinion stands, and the five nominees are not confirmed, the practical result will be a blank check for union-busting employers.
The background here stretches back to a 2010 decision by the Supreme Court holding that the NLRB is powerless to act unless it has a quorum of at least three members. The NLRB has exclusive jurisdiction over what are known as unfair labor practices, meaning that it is the only body of government permitted to enforce much of federal labor law. If the NLRB is powerless to act, there will be no one to enforce workers rights to join a union without intimidation from their employer. No one to enforce workers rights to join together to oppose abusive work conditions. And no one to make an employer actually bargain with a union. Without an NLRB to enforce the law, it may be possible for an employer to round up all of their pro-union workers, fire them, and then replace them with anti-union scabs who will immediately call a vote to decertify the union.
This reality gave Senate Republican filibusters of President Obamas NLRB nominees a special aura of danger...To ward this off, President Obama recess appointed three people to the NLRB nearly a year and a half ago. A panel of Republican-appointed judges on the United States Court of Appeals for the D.C. Circuit struck down those recess appointments earlier this year. And, today, two more Republican judges voted to strike down the same appointments (an Obama appointee on the same court voted to uphold them).
While the rationale behind the these two court decisions is somewhat different, its not clear how much legal arguments actually matter in a case like this. The bottom line is that every Republican judge to consider the matter has now struck down President Obamas appointments. There are five Republicans, and only four Democrats on the Supreme Court. Thats probably all you need to know if youre placing bets on how the justices will resolve the case...Without recess appointments most of federal labor law ceases to exist until the seats on the NLRB are filled indeed, some 1,400 NLRB decisions may be retroactively invalidated. Without federal labor law, nothing prevents employers from engaging in the most ruthless purges of unions seen in this country since before the New Deal. And all that Senate Republicans need to do to maintain this status quo is to keep filibustering President Obamas nominees.
- more -
http://thinkprogress.org/justice/2013/05/16/2020841/two-gop-judges-just-voted-to-eliminate-union-rights-heres-how-the-senate-can-stop-them/
Full Committee Hearing - Pending Nominations to the National Labor Relations Board
http://www.help.senate.gov/hearings/hearing/?id=344a34ae-5056-a032-5234-c28ca6c6564f
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Two GOP Judges Just Voted To Eliminate Union Rights, Here’s How The Senate Can Stop Them (Original Post)
ProSense
May 2013
OP
msongs
(67,360 posts)1. why blame judges and repubs? harry reid & dems are the ones allowing fillibusters of nominees nt
"why blame judges and repubs? harry reid & dems are the ones allowing fillibusters of nominees"
...I forgot that criticism of Repubicans was off limits.
Next time I'll post something praising the Republicans for filibustering.