“War of the Worlds”: Boeing v. NLRB


In another stunning overreach by the DC “alphabet soup” agencies Lafe Solomon, General Counsel for the National Labor Relations Board has filed suit to stop a second Boeing 787 “Dreamliner” plant in Charleston, S.C.

Is there a problem with the SC plant, maybe it’s unsafe or didn’t have its permit process in order? No. It’s sole transgression according to Solomon and voted upon by the 5 members of the NLRB is it dared to locate it’s second plant in a right-to-work state where unlike Washington state, it would not be under attack from labor strikes and under union control.

According to the subscription-only Wall Street Journal:

The complaint’s real target is the federal right-to-work guarantee. Among the most celebrated provisions of the 1947 Taft-Hartley Act is what’s known as 14(b) – the section that allows states to pass right-to-work laws. The Boeing complaint guts that guarantee by effectively requiring companies to continue manufacturing in union states – or be found guilty of a rights violation.

Boeing already has a plant in Washington state building these aircraft and has already lost millions of dollars via strikes from the International Association of Machinists and Aerospace Workers (which filed the original complaint to the NRLB) which represents employees there and sought a safe haven for its second plant elsewhere. The complaint accuses Boeing of violating federal labor law because its

“statements were coercive to employees and its actions were motivated by a desire to retaliate for past strikes and chill future strike activity.”

This is another avenue the Obama administration is using to circumvent Congress when they reject your candidates: when you don’t get your way, get even, i.e. appoint your own people anyhow to the NLRB.

I had the pleasure this day of speaking with Fred Wszoleck from the Workforce Fairness Institute about this most egregious act by the Obama administration.

First let’s take a look at who is on the NLRB Board: Mark Pearce (Buffalo labor lawyer who argued before the NLRB), Wilma Liebman who is a former Teamsters attorney serving her third term on the board, sole Republican Brian Hayes who was a top labor policy aide in the Senate, and Craig Becker. Becker was former counsel to SEIU, and according to Mr. Wszoleck he is also involved with ACORN, though he denies it, however Wszoleck states ACORN founder Wade Rathke admits that Becker was his “go to boy.”

This is Obama’s “dream team.” Solomon was a recess appointment and when Becker failed to get the appointment from the Senate Obama appointed him any how. Sound familiar?

The stress here must be that Boeing did not fire or lay off any employees in Washington state and has 12,000 employees there. The new plant in Charleston would employ 1,000 permanent Boeing employees and thousands of other jobs are in the mix as well in ancillary companies and services. Boeing’s choice of Charleston was from a narrow search: the plant must have a large runway, (there is a military hub there with a large runway), railway availability and be on the waterfront to allow for shipment of parts from sea. Also because Boeing wanted to get away from union headaches Charleston fit the bill quite nicely.

The plant is scheduled to be completed in July however Mr. Wszoleck tells me the plant has not been ordered to be shuttered. A hearing is scheduled in June in Washington state before an administrative judge but predictions are this will most probably end up in the U.S. Supreme Court after years of litigation and millions of dollars spent on legal fees.

Just as the EPA has been revoking mining and drilling permits, this NLRB suit will most certainly strike fear into the hearts of businesses and make them think twice before investing billions of dollars into new enterprises. This will just send them overseas. Speculation is that orders for aircraft are now going to Airbus because of the imbroglio with the Boeing plant.

However the Senate is fighting back. Senators Lamar Alexander (R-TN), Senator Lindsey Graham (R-SC) and Senator Jim Demint (R-SC) have introduced the Right to Work Protection Act which would protect right-to-work states from government interference.

“The ‘Right to Work Protection Act,’ I think, is a very solid piece of legislation that is going to serve the country as a whole,” Graham said on the Senate floor Tuesday. “I do appreciate this legislation because it would preserve the ability of a state to go down that road without suffering at the federal level.”

And from Senator Demint:

“It is important for us here in the Senate as well as everyone around the country to understand what this administration is doing to hurt jobs in America.”

Who would have thought. In this time of mega unemployment hovering around 9% companies are being “punished” for building plants in other states.

As I’ve stated before, nothing in this present administration stuns me anymore. In fact, it’s really to be expected.

Crossposted at Conservative Outlooks

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Deplorable Reagan Conservative. Pro-life, pro 2A. Waiting for Obama's "legacy" to be undone.

Twitter: @LadyImpactOhio

"We the People tell government what to do. It does not tell us."__Ronald Reagan in his farewell speech.
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Deplorable Reagan Conservative. Pro-life, pro 2A. Waiting for Obama's "legacy" to be undone. Twitter: @LadyImpactOhio "We the People tell government what to do. It does not tell us."__Ronald Reagan in his farewell speech.

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May 5, 2011 7:22 pm

Thanks for paying attention to this one. I have a feeling that in one way or another this will be one of the topics of debate tonight in South Carolina. I am going to watch and see which ones have decided to be non-combative vs which ones will fight against Obama’s NLRB.

P. Smith
May 5, 2011 7:43 pm

It’s Atlas Shrugged. If you haven’t seen the movie, you need to.

May 6, 2011 1:41 pm

I’d glad somebody in the GOP is looking at this. Being that Taft-Hartley is so old, I wouldn’t put it past the idiot wing to say it’s outdated and try some trick of their own that gives even more power to the unions.