President Obama’s Rogue NLRB, driven by Chairperson Mark Pearce and the President’s radical recess appointees, have encountered serious roadblocks the past several weeks as they continue their quest to achieve EFCA Through the Backdoor (see Labor Board Chief to Push Union Organizing Rules). This past week, the GOP Senators pushed back when they announced they are Suing Obama Over Sham Labor Board Nominees. It is clear that the GOP has tired of the Obama NLRB’s attempted run around of Congress through the creation of regulations such as the “Posting Rule” – requiring employers to post notices of employee rights under the NLRA in the workplace, and “Quickie Elections”– substantially reducing the time frame during which elections are conducted for the purpose of eliminating the employer’s ability to educate its workforce. Further push back has come in the form of a joint senate resolution currently pending which seeks to overturn the NLRB’s “Quickie Election” rule,while simultaneously sending a message to the President to stop attempting to bypass Congressional authority (see Will Senate Stand Up to Obama’s Union Strongmen? and New NLRB rule that allows labor unions to foist surprise “ambush elections” on businesses and employees).

The purpose of the NLRB’s proposed regulations is to accomplish the Obama agenda of assisting Big Labor in executing Corporate Campaigns, such as the one crafted against my company, chronicled in The Devil at Our Doorstep, and ultimately increasing membership. Corporate Campaigns are no more than an onerous attempt to force employers to sign a Neutrality Agreement, and bypass the secret ballot election process for employees.

Despite the fact that NLRB statistics show unions win 70% of these elections, Big Labor’s ongoing problem is that currently, there are very few elections being held. This is primarily because a decreasing number of employees are interested in signing union cards to petition for an election. Consequently the “Gasping Dinosaur’s alternative is to force unionize employees through Card Check,a process fraught with danger from intimidation, in which the labor union could avoid an election and be recognized simply upon the execution of union cards and without an election by the employees.

Thankfully, the separation of powers among the three branches of the U.S. government, so diligently established by our nation’s forefathers, is working to save what otherwise would have been A Death Penalty for Employees and Employers. Over the past few weeks, several important events have occurred. First, within the legislative branch, the U.S. House of Representatives passed the Workplace Fairness Act, which, if enacted, would restrict the NLRB’s overreach and in the process eliminate the “quickie” election process (see Workplace Fairness Act Set to Move to the House Floor). Then, 44 Senators Challenged NLRB’s Ambush Election Rules, which further delayed implementation of the “quickie” election process. The most encouraging news came recently, when it was announced that the Senate will be voting this week to overturn the NLRB’s onerous Ambush Election rules. Businesses around the country are counting on them to do the right thing and hoping they have the intestinal fortitude to defeat these overreaching regulations!

Even more encouragement came last week, when the separation of power structure further proved the sagacity of our founding fathers. In the judicial branch, a South Carolina federal court judge struck down an NLRB proposed rule requiring employers to post notice of employee rights to unionize, finding that the board lacked the congressional authority to implement such a rule. Thankfully, the “Posting Rules” are now postponed indefinitely! The decision went a step farther than a previous decision by a federal district court judge in the District of Columbia, who recently ruled that the penalty portions of the “Posting Rule” would be blocked (see the NLRB Notice Posting Rules were Partially Blocked).The decision by these courts are an important victory.  While posting alone would be no more than an annoyance to employers, the penalty portions of the law, if upheld, would have been a field day for Big Labor! That would mean that Big Labor bosses could organize Corporate Campaigns with impunity to force employers to sign a Neutrality Agreement and achieve Card Check. Just as the SEIU did against my company, EMS, Big Labor bosses would have union thugs file multitudes of  ULP’ s in an attempt to bring the employer to its knees and sign the Neutrality Agreement.

The filing of ULP’s against an employer forces the employer to expend significant amounts of money and time to defend itself, with the result being that many employers eventually cave to union demands in order to avoid the vast expenditure of time and resources. Increased regulations and associated penalties just make it easier for Big Labor bosses to succeed in their “organizing” attempts. An imposition of increased regulation as a gift from the present administration through the auspices of the Rogue NLRB  is the only chance the “Gasping Dinosaurs” have of avoiding extinction, unless of course they change their ways and actually provide true benefits and service to their members (see Card Check through Regulation vs. Legislation). What a novel idea, Big Labor acknowledging that they are there to serve the members and not vice versa, and realizing that each employee should have the right to decide if they wish to be a member.

Unfortunately, despite the fact Obama and NLRB Continue to Cost Union JobsBig Labor has not realized that the President has no loyalty to anyone but himself. Perhaps they will finally get a wakeup call when Obama decides whether to pass or veto the Keystone XL Pipeline bill approved by Congress! Obama’s Keystone Delay Flouts the Law and his narcissism allow for the continuation of Rule by Fiat and put his Political Aspirations & Payback Ahead of American Jobs. No matter the outcome of the Keystone XL Pipeline, Big Labor will continue to push its selfish agenda and utilize Obama’s coattails to prosecute its Persuasion of Power at the cost of American freedoms, the American economy and American jobs.

Big Labor bosses will attempt to keep anyone from standing in their way, but it appears that Congress has finally recognized their tactics and knows that President Obama will continue his rule by fiat if he is not held accountable for his actions, including Constitutional violations and an overreach of the separation of power within our government. America is at a tipping point and the decisions made in the next week, combined with the upcoming November election will determine if America will go with the ways of past democracies, or if in fact, American Exceptionalism will be revived.

About the author: David A. Bego is the President and CEO of EMS, an industry leader in the field of environmental workplace maintenance, employing nearly 5000 workers in thirty-three states. Bego is the author of “The Devil at My Doorstep,” as well as the just released sequel, “The Devil at Our Doorstep,” based on his experiences fighting back against one of the most powerful unions in existence today.

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