Obama's NLRB Threatens Decades of Precedent To Help Unions

Kevin Glass
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Posted: Dec 24, 2014 2:41 PM
Obama's NLRB Threatens Decades of Precedent To Help Unions
NLRB General Counsel Richard Griffin has brought complaints against McDonald's in response to employees alleging that they were unfairly retaliated against for discussing unionization.

The NLRB siding with a union against a corporate parent of a franchise would completely change how business is done in the United States - and tip the balance towards unions. As Diana Furchtgott-Roth explains:

In July Griffin stated (without offering a legal argument) that McDonald’s USA was a joint employer of those workers who are employed by local McDonald’s franchises, but he waited until last week to bring charges against the parent company. Before his appointment as general counsel, Griffin was one of the unconstitutional recess appointees to the NLRB, whose appointment was overturned by the Supreme Court.

This decision to charge both the McDonald’s franchise and the parent company with these violations overturns decades of precedent. For half a century, the local franchise was considered the only employer. The NLRB defined employers as those who controlled workers’ “essential terms of employment,” namely hiring, wage rates, firing, and job description. The franchises were the employers, not the owner of the franchise.

So the NLRB unilaterally changes the law without any notice or public comment, uses the change in the law to sue a major corporation, and tells the general public that the legal reasoning behind the change cannot be revealed. That’s Kafkaesque. And this from a president who stated in a memorandum on January 21, 2009, that “My Administration is committed to creating an unprecedented level of openness in Government.”

As Furchtgott-Roth notes, this would be yet another example of the executive branch stretching its authority to get an outcome it wants. It would transform McDonald's restaurants from small businesses into organizations that must negotiate with a union like a giant corporation. As Furchtgott-Roth notes, only one-half of one percent of all McDonald's restaurants have legitimate complaints - and Obama's NLRB is using that small gap to ram through a tank.