Court Decision on NLRB Posting Not Much Of A Win For Employers

COURT DECISION ON NLRB POSTING REQUIREMENT
ISN'T MUCH OF A "WIN" FOR EMPLOYERS

Last week a federal judge ruled on the NLRB Posting Rule of the National Labor Relations Board was not a total loss for employers, but it was hardly a resounding victory.

In National Association of Manufacturers v. NLRB, Judge Amy Berman Jackson of the U.S. District Court in Washington, D.C., upheld the notice-posting requirement but found that the Board had exceeded its authority (1) by creating a new unfair labor practice based on failure to post the notice, and (2) by pre-determining by rule that a failure to post the notice would toll the six-month limitations period for filing unfair labor practice charges that is found in Section 10(b) of the NLRA. Unfortunately, these latter parts of Judge Jackson's ruling may provide little comfort to employers because, as the judge indicated in her decision, the Board may pursue these results on a case-by-case basis – just not by way of general rulemaking.  More on the Rule Here

The plaintiffs in the case, which included the National Right to Work Legal Defense and Education Foundation as well as the NAM, brought the court challenge to the Board rulemaking implemented in August 2011. They contended that the Board had no authority under the NLRA to make such a rule and that the rule interfered with employers' right to refrain from speech, thus violating the First Amendment to the U.S. Constitution. They also contended that the Board could not add a new unfair labor practice to those explicitly set forth in the NLRA and that the Board could not adopt a rule automatically imposing tolling of the Section 10(b) limitations period simply because of a failure to post the notice.

The future of the rule is still uncertain. The Right to Work organization has vowed to appeal Judge Jackson's decision. The Associated Builders and Contractors and other groups still have law suits pending against the NLRB on the rule.

To read a copy of the rule requiring the posting, please click here.

• Employee Rights Under the NLRA poster, two-page 8.5 x 11 version (pdf)
• Employee Rights Under the NLRA poster, 11 x 17 version (pdf)

Because the end result still unclear, NJECPAC Advises Members To NOT POST The NLRB Poster Until the Actual Date Required Which Is Currently April 30th

View Poster Here 


When and If the NLRB Poster is required to be posted, NJECPAC will provide a Supplemental Poster to be posted adjacent to the NLRB Poster. The Supplemental Poster contains additional employee rights that the NLRB intentionally omitted.

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Legislative Alert !!!! Take Action Against Accelerated Union Elections

CONTACT ELECTED OFFICIALS TO NULLIFY NLRB ELECTION RULE

The House and Senate Propose Resolutions Combating the NLRB’s Sped Up Union Election Rule

In December 2011, the National Labor Relations Board (NLRB) issued a new rule that will dramatically alter longstanding procedures for elections to determine whether or not employees want union representation. Under the new rule, employers will only have 14 to 24 days between the petition and the election to educate their employees on information concerning union representation. This is a drastic change from the 31 day standard employers normally were given.

Congress has introduced resolutions in both the House and Senate against this rule, S.J. Res 36 and H.J. Res 103. Senators Enzi (R -WY) and Isakson (R-GA), along with Representatives Kline (R-MN), Roe (R-TN) and Phil Gingrey (R-GA) introduced the resolutions in accordance with the Congressional Review Act (CRA), which allows Congress to disapprove of regulations issued by federal agencies. If Congress passes this joint resolution, the NLRB’s rule will become nullified. 

NJECPAC joins the Independent Electrical Contractors in their support of S.J. Res 36 and H.J. Res 103 and has already signed on to a letter with the Coalition for a Democratic Workplace stating our support. We encourage our members to contact their elected officials and urge them to support these resolutions. Please take a brief moment to show your support for these two resolutions and future legislation that would prohibit the NLRB from altering union election procedures. Take Action Here

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Contractors Across Northeast Learn About Obama's Radical NLRB

Yesterday, Electrical Contractors from New Jersey and across the Northeast Region attended a full day Seminar on the Obama NLRB's radical rule-making. The seminar included the new NLRB Ambush Election and Micro Election rules, both of which circumvent Congress just as the President said he was going to do. Attendees learning that if the NLRB and their radical agenda are not reigned in the Employee Free Choice Act (Card Check) could be in their future. 

These issues are so dangerous and important to small businesses across the Northeast that the Seminar was sold out and another is planned to accommodate the overflow and those that were unable to attend. 

For example, in construction Micro Elections could result in Apprentices being organized by a union separately. Apprentices could be easy pickings for a union making promises they don't have the power to keep. It is expected that Unions that are successful in organizing Apprentices, would worry about organizing Journeyman later. 

The Ambush Election Rule removes the average 24 days for the NLRB to conduct an Election and reduces that time dramatically to possibly 10 days or less. This would leave an employer with little time to conduct a counter campaign to protect what they have spent their life building. 


The Senate S.J. Res 36  and the House H.J. Res 103 have resolutions pending that would rein in some of the wild rule-making by Obama's radical NLRB. Both of which are intended to nullify the NLRB’s Ambush Election Rule. Senators Enzi and Isakson and Representatives Kline, Roe and Gingrey introduced the resolutions in accordance with the Congressional Review Act (CRA).  The CRA establishes special streamlined congressional procedures for disapproving regulations.  If Congress passes a joint resolution disapproving the NLRB’s Ambush Rule and the resolution becomes law, the rule cannot take effect.

We expect a vote on the resolutions in the next 8 weeks. To ensure the best possible outcome, we must generate support for the resolutions.  

The following organizations have agreed to sign on to a letter supporting the resolutions to be sent to Congress.

• Independent Electrical Contractors (IEC)
• Associated Builders and Contractors (ABC)
• U.S. Chamber of Commerce
• National Federation of Independent Business
• International Council of Shopping Centers
• International Foodservice Distributors Association
• International Franchise Association
• National Association of Manufacturers
• National Association of Wholesaler-Distributors
• National Retail Federation
• Retail Industry Leaders Association
• American Hotel and Lodging Association

TAKE ACTION HERE 
What Is The National Labor Relations Board?

Why Should I Be Worried About The NLRB?

• Fact Sheet — Congressional Review Act and Ambush Election
• Fact Sheet — The Workforce Democracy and Fairness Act
• Fact Sheet — The NLRB’s Attack on Workers and Business
• Policy Paper — The NLRB’s Attack on Workers and Business
• Obama NLRB Timeline — A History of Union Favoritism

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NJECPAC Supports IEC's Position On NLRB’S New Election Rules

IEC SUPPORTS CONGRESS’ CHALLENGE TO THE NLRB’S NEW ELECTION RULES

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The U.S. House of Representatives and Senate announced they will file a challenge to the National Labor Relations Board’s (NLRB) new union election rule. The Independent Electrical Contractors (IEC) supports this legislation and is requesting that Congress move quickly.

“Since its inception, the election rule has been severely flawed,” said IEC National Executive Vice President/CEO Thayer Long. “It was an attempt to fix a system that was not broken. The NLRB’s hastened union election process does not allow workers sufficient time to hear all options and make an informed decision. IEC supports the challenge to this rule.”

Congress has introduced the joint resolution in both chambers. Using the Congressional Review Act, Congress can overturn the NLRB rule with a simple majority vote in each chamber. 

The resolution is sponsored in the Senate by Health, Education, Labor and Pensions Committee Ranking Member Michael Enzi (R-WY) and the Senate Employment and Workplace Safety Subcommittee Ranking Member Johnny Isakson (R-GA), is the lead co-sponsor. In the House by House Education and Workforce Committee Chairman John Kline (R-MN) is the sponsor and Health, Employment, Labor and Pensions Subcommittee Chairman Phil Roe (R-TN) Representative Phil Gingrey (R-GA) are lead co-sponsors. 

In December, the NLRB has adopted portions of a highly controversial final rule to dramatically speed up the union representation elections. The modified rules that were passed removed some of the limitations of the original proposal that caused uproar among employers and trade associations including IEC; however, they still limited the issues an employer can raise at a hearing as well as the employer's opportunity for appeals.

Experts estimate elections will now shorten to within 14 to 24 days despite the average election takes 38 days and works well for all involved parties. These changes are scheduled to take effect April 30, 2012. Printable Version

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The Stimulus Chart Obama Doesn’t Want You to See

The rhetoric about the reduction in unemployment and the success of the stimulus has been all over the charts. The graph below shows the failure of the various stimulus plans put forth by the White House. The next time someone says that Obama created or saved jobs, ask them to name one.  

Posted by Congressman Jim Jordan

Three years ago today, President Obama signed his infamous stimulus package into law. In exchange for $1.2 trillion (including interest), liberals said their plan would bring the unemployment rate down to about 6% today. It hasn't fallen below 8% at any point in the last 36 months.

There has been a recent drop, though, which some Democrats claim as proof that their stimulus plan finally worked. But if that’s true, then where are the jobs?

The official unemployment rate doesn't actually count unemployed people who have given up looking for work. The chart below offers another look at the jobs data. It shows the “labor force participation rate,” which represents the share of working-age Americans who are either employed or unemployed but looking for work.

As you can see, only 63.7% of working-age Americans are currently in the workforce. The rate hasn’t been that low in almost 29 years! To put it another way, 36.3% of working-age Americans do not have a job and are not even looking.

Liberals think they can fabricate jobs by growing the government. What we need is to create jobs by growing the economy. That’s why conservatives in the Republican Study Committee are getting behind H.R. 3400, the Jobs Through Growth Act.

It ramps up energy production. It fights back against regulation-gone-wild. And it allows you to throw out the old tax code for one that’s simpler, flatter, and fairer.

The past three years have made clear what doesn't work. Let’s go with what does.

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Employer Meetings Next Targets Of NLRB?

The last NLRB decision of 2011 was easily overlooked in the outrage over Obama’s unconstitutional Board appointments. However, there are powerful clues buried in 2 Sisters Food Group on what to expect from the NLRB in the coming year.

The 2 Sisters decision itself was a no-brainer, the company was found to have illegally terminated a leader of the unionization effort. A finding of illegal termination is generally enough alone to overturn a close election. However the bulk of what Members Becker and Pearce wrote on 2 Sisters considered issues that had no bearing on their decision to overturn. According to Lexology, both the inclusion of these extraneous issues in the UFCW’s complaint and the Board’s unwarranted attention to them serve as ominous signs for 2012. Read More

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NJ A1545 Would Allow NJ Professional License Reciprocity With Other States

A bill introduced in the 2010-2011 Legislative session and carried over to the 2012-2013 Legislative session would allow NJ's Professional Licensing Boards to grant reciprocity, without taking an examination, to applicants licensed in other states that meet equal or greater licensing requirements than the State of New Jersey.  

The problem with the original version of this bill was there was no reciprocity included in the bill. The way the bill was written, there was no requirement for any other state to grant reciprocity to a NJ Licensee in return for NJ granting reciprocity to their Licensee. 

NJECPAC who represents the interests of NJ's Electrical Contractors were the only group that picked up that obvious flaw in the bill. NJECPAC was successful in having the bill amended to require that in order for reciprocity to take place the corresponding state would have to also grant the same reciprocity to NJ's Licensees. The Electrical Licensing Board currently opposes reciprocity with other states.  

  

If passed, A1545 would also grant a grace period for licensees whose license has expired to allow a period of time that the business can operate while the appropriate steps are taken to renew the license. Read the current Bill Here

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Hunterdon County Considering Shared Services

Woodbridge Township has long been an example how multiple towns can share one central Municipal and School Administration.  

It is about time that other areas of the state followed suit. 

Consolidation initiatives are finally sweeping the state, with governor and legislature adding bipartisan backing New Jersey is finally getting serious about sharing services

Hunterdon County Freeholder Rob Walton and Readington Township Committeewoman Donna Simon, who is also a NJ State Assemblywoman, discussed shared services during a taxpayers forum. 

While spending caps, rising property tax appeals, and a sluggish economy are spurring elected officials to push for police department consolidation, school district regionalization, and other shared services in a movement that promises to reshape the way government services are provided in New Jersey, Hunterdon County is debating a groundbreaking proposal to merge the county’s 30 school districts and their 30 school superintendents, administrative staffs, and school boards into a single countywide district, with potential tax savings in the tens of millions of dollars for Hunterdon’s 128,349 residents. Read More

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Obama To Release Budget Proposal In The Red By Trillions

Today, Obama is slated to release his annual budget proposal for 2013, It will also include a 10-year budget outlook. 


After talking incessantly about cutting spending, you would think that Obama would spend less money next year than this year. Yet, in the Obama-nation, a spending cut means spending less than you were slated to spend, even though it is still higher.


So contrary to the norm talk is not cheap and Obama's talk costs taxpayers Trillions. How is that for Hope and Change?


Obama’s budget request to Congress on Monday forecasts a deficit of $1.33 trillion in for 2012 and includes hundreds of billions of dollars of infrastructure spending.
The projected deficit is higher than the $1.296 trillion deficit in 2011 and also higher than a $1.15 trillion projection released by the Congressional Budget Office last week.
Read More Here.


The proposed Budget also still calls for new Taxes on the Wealthy 

Read more at the Wall Street Journal

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“DIRTY JOBS’” MIKE ROWE on Skilled Trade Shortage

“DIRTY JOBS’” MIKE ROWE

We have reported for some time that there is serious shortage of workers entering the Skilled Trades. Dirty Jobs’ host Mike Rowe testified to the U.S. Senate Commerce, Science, and Transportation Committee on the need for the U.S. to promote skilled trades as a desired job and not just those of “higher education” (7:44 minutes).  Read More 

The NJECPAC in NJ and the IEC National Association in Washington are working in various ways, including but not limited to having Legislation passed to promote Apprentice Training for all with a focus on Merit Shop Apprentices. A focus has also been placed upon skilled trades training for Journeymen, Foremen and Project Managers to produce a highly trained Workforce. 

NJECPAC has posted the Mike Rowe video on our YouTube Channel. To view Video Click Here Mike Rowe sends a very powerful message. Thanks to Jerry Thomas, IEC Dallas, for passing this Video along. 

Feel free to explore the dozens of other very informative videos posted on our NJECPAC YouTube Channel @ www.youtube.com/njecpac 

NJECPAC videos are all posted within categorized Play Lists. 

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