Human Events Blog

Obama’s National Labor Relations Board Sets a Booby Trap For Business

The National Labor Relations Board, already under fire for overstepping its authority to serve as a labor union enforcer against Boeing, has decided to stretch the limits of that authority again. 

Union bosses aren’t happy with the Obama Administration – no less than the AFL-CIO President Richard Trumka took time away from feeding Jedi to the monster in his basement to muse about forming a third party yesterday.  Maybe their loyal servants at the NLRB can cheer them up.

The new NLRB rule requires employers to post notices informing employees of their collective bargaining and organizing rights.  If the company has an “internet or intranet site,” they must also post the notice electronically.

Who’s affected by this rule?  Oh, just every private-sector company that employs more than 2 people, and is not involved in agriculture, railroads, or air travel.  Even if they operate in right-to-work states, and employ absolutely no union labor.  In other words, about six million employers.  No big deal.

Oh, and if at least 20% of your employees don’t speak English, you have to post the notice in whatever other language they speak.  

What happens if you don’t get these notices posted within 75 days of the law going into effect on November 14, 2011?  From the NLRB release:

The Board expects that, in most cases, employers who fail to post the notice are unaware of the rule and will comply when requested by a Board agent. In such cases, the unfair labor practice case will typically be closed without further action. The Board also may extend the 6-month statute of limitations for filing a charge involving other unfair labor practice allegations against the employer. If an employer knowingly and willfully fails to post the notice, the failure may be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the NLRA.

And we all know how thoughtful and even handed the Obama Administration is toward businesses who fail to comply with its zillions of rules, especially businesses disliked by union bosses.  Just ask Boeing!

Or, you could ask the National Federation of Independent Business, which denounced the latest naked power grab from the deadliest job-killing Administration in history:

“Just when we thought we had seen it all from the NLRB, it has reached a new low in its zeal to punish small-business owners,” said Karen Harned, executive director of NFIB’s Small Business Legal Center. “Not only is the Board blatantly moving beyond its legal authority by issuing this rule, it is unabashedly showing its spite for job creators by setting up a trap for millions of businesses.” 

Under the National Labor Relations Act, the NLRB does not have the authority to broadly impose rules, such as the one issued today. The statute only permits the Board to act when a representation petition or unfair labor practice charge is filed. 

Furthermore, the rule sets up a “gotcha” situation for millions of businesses which are unaware of the new rule or unable to immediately comply. 

Hey, look, the Administration’s unconstitutional regulatory czar just announced that it would be easier to file tax paperwork and Small Business Administration applications.  What more do you people want?

This massive booby trap is the latest offensive in the War On Taxpayers.  Unions lost badly on the battlefields of Wisconsin, but the war continues on many other fronts.

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