Fred Wszolek

The National Labor Relations Board (NLRB) is changing the story for America’s businesses and right-to-work states through a series of decisions that represent a new level of activism and extremism unseen in past “independent” agencies. Thus far, under the Obama Administration’s unconfirmed nominees Lafe Solomon and Craig Becker one thing has remained consistent, workers and small businesses lose in almost every matter, while Big Labor bosses win.

And while the NLRB’s anti-business actions have garnered attention recently concerning the Boeing matter where they issued a complaint due to the company’s decision to build a second production line in a right-to-work state, many other job-killing decisions are at play in Obama’s labor board that seek to hurt job creators and reward union bosses.

For instance, NLRB Chairman Wilma Liebman who has done extensive work for unions in the past recently expressed interest in compelling employers to turn over to union bosses sensitive information relating to business relocation decisions before a determination is made as to whether collective bargaining is even required. She wrote in a concurring opinion in a case involving Embarq Corporation that “[t]he Board’s task would be easier, and more importantly, the [National Labor Relations] Act’s policy of promoting collective bargaining might well be better served, if employers were required to provide unions with requested information about relocation decisions whenever there was a reasonable likelihood that labor cost concessions might affect the decision.”

The breadth of Liebman’s formulation is such that it could apply to every business relocation decision. Liebman’s version of the story is that Big Labor will use the information to adjust their negotiations and reach compromises with employers before they relocate. Common sense and experience dictate otherwise. Faced with the prospect of losing union dues, labor bosses will use the information to delay and thwart relocations regardless of their business necessity. All this has to do with Embarq Corporation deciding to close a Las Vegas office and relocate it to Florida, a right-to-work state. The board majority ruled that Embarq had no duty to bargain over its relocation decision. Liebman did not disagree but declared her intent to use cases like Embarq to push unions into the boardroom and put them in control of business decisions many of which oftentimes require expedition.

Fred Wszolek

Fred Wszolek is a spokesman for the Workforce Fairness Institute (WFI).