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About Northwest labor press. (Portland , Ore.) 1987-current | View Entire Issue (Dec. 7, 2007)
Unions join nationwide protest against anti-union NLRB By DON McINTOSH Associate Editor Under the leadership of President George W. Bush appointees, a federal board that is supposed to uphold union rights in the workplace has been working steadily to weaken those rights. In ruling after ruling, a three- person majority on the five-member National Labor Relations Board (NLRB) has taken away workers right to unionize and made it easier for em- ployers to fight unionization. To top it off, the NLRB is refusing to negotiate a new contract with a union that represents its own employ- ees. In mid-November, the AFL-CIO and Change to Win federation held protests at NLRB offices in at least 16 cities, including Portland. And union leaders are counting down to the day when a Democratic president could reverse the balance on the Board. The NLRB has two parts. The five- member Board functions like a Supreme Court of labor law. The Of- fice of the General Counsel investi- gates and prosecutes “unfair labor practices” and conducts elections to determine whether workers want a union. Together, they are supposed to enforce and interpret the National La- bor Relations Act — the law that sets the process for private-sector workers to unionize and bargain with their em- days. Then the issue would be re- solved in an election conducted by the ployers. But both sides are right now NLRB. led by Bush appointees who appear On the same day, the Board ruled intent on interpreting the law in ways that employers can remove recogni- that make things harder for unions. The current Board has stripped ‘If the NLRB won’t honor the law in millions of workers the public sector, can those who work of the right to unionize, including for private-sector companies under graduate teaching and research assis- the NLRB’s jurisdiction count on the tants, temporary NLRB to uphold the law and protect agency workers, their rights?’ and workers such as charge nurses who act as supervi- tion of a union without an election if a sors even in a very limited way. majority of workers sign a petition Then in September, the Board calling for decertification. struck back at the “card check” meth- Another ruling is aimed at union od of unionization, which unions have “salts,” pro-union workers who seek increasingly used in recent years as a employment at a workplace in order legal alternative to what they see as a to further a union campaign. The cumbersome and unbalanced NLRB Board ruled that employers who re- election process. In card check, fuse to hire workers because of union unions ask employers to voluntarily affiliation can’t be found in violation recognize a union for a group of of the law unless the general counsel workers when the union presents au- thorization cards signed by the major- proves that the applicant had a “gen- uine interest in employment.” ity. Now, for the first time since 1935, Meanwhile, the other side of the the Board is saying that such employ- NLRB, the Office of the General ers have to notify workers that they Counsel, is refusing to negotiate a can reverse that voluntary recognition contract with an independent union if union opponents gather signatures that represents about 850 of the of 30 percent of workers within 45 I NDEPENDENT R ETIREMENT L IVING Westmoreland's Union Manor Marshall Union Manor 6404 SE 23rd Ave. Portland 97202 2020 NW Northrup Portland 97209 503•233•5671 503•225•0677 Manors Make the Difference • Studio and One-Bedroom Apartments • Affordable Rent includes Utilities ( EXCEPT PHONE AND CABLE ) • Planned Events, Clubs, and Activities • Ideal Locations offer easy access to Bus Lines, Shopping, and Entertainment • No Costly Buy-In or Application Fees • Federal Rent Subsidies Available (M UST Q UALIFY ) DECEMBER 7, 2007 NLRB’s 1,875 employees — the Na- tional Labor Relations Board Union (NLRBU). Federal employees have their own set of rules for unionization, and the process is overseen by the Federal Labor Relations Authority (FLRA). On Nov. 12, a federal admin- istrative law judge with the FLRA ruled that the NLRB broke the law when it refused to bargain with the union in the officially certified bar- gaining unit. The NLRB is expected to appeal the decision. The dispute began in 2005 when the union moved to consolidate four separate groups of NLRB employees into one national bargaining unit. The new unit would include both profes- sional and nonprofessional employees in the agency’s 32 regional offices, plus nonprofessional employees of the general counsel and Board in Wash- ington, D.C. [A second union repre- sents attorneys and professional staff in the Board’s D.C. headquarters.] NLRB management disagreed with the consolidation, but the FLRA sided with the union, and workers approved the consolidation in a vote. Then the NLRB, under the direction of general counsel Ronald Meisburg, simply re- fused to bargain a new contract. The union is calling for Meisburg to re- sign. Meisburg was a “recess” appoint- ment (a presidential appointment when the Senate was in recess) of President Bush in January of 2006. The Senate confirmed his appoint- ment in August of 2006. “If the NLRB won’t honor the law in the public sector,” said NLRBU President Eric Brooks, “can those who work for private-sector compa- nies under the NLRB’s jurisdiction count on the NLRB to uphold the law and protect their rights?” The AFL-CIO, in its mid-Novem- ber demonstrations, called on the NLRB to close for renovation until the Board is more balanced. In a sense, that could actually hap- pen, if Senate Democratic leaders lend a hand. The AFL-CIO is asking Sen- ate leaders to refuse to confirm Bush appointees to the Board, said AFL- CIO Organizing Director Stewart Acuff. The five-year term of Republican NLRB board chair Robert Battista is set to expire Dec. 16. Two other seats on the Board could also become va- cant, because they were recess ap- pointments. Recess appointments ex- pire when the Senate adjourns, which it will do in late December. The presi- dent is not allowed to make a recess appointment twice for the same indi- vidual. So Republican Peter Kirsanow and Democrat Dennis Walsh would be off the Board come the new year if the Senate does not confirm their appoint- ments. That would potentially leave just two Board members, a Democrat and a Republican, and the Board would be deadlocked, unable to issue more rul- ings. 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