South Carolina Fight Against the NLRB Continues

Earl Capps is well-known in South Carolina political circles for his blogsite, The Blogland of Earl Capps, where he discusses current events and issues related to South Carolina government and politics, as well as workforce and economic development and non-political matters.


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Representative Scott, Senator Lindsey Graham, and other members of South Carolina’s Congressional delegation are playing lead roles in maintaining an ongoing impasse over the appointment of new board members to the NLRB. Senate Republicans have blocked efforts by the Obama administration to fill those vacancies while House Republicans are keeping Congress from adjourning by conducting pro forma sessions, keeping the Obama administration from filling the seats via temporary “recess appointments.” Two of the board’s five seats are vacant and a third will come vacant at the end of the month. Once a majority of seats are vacant, it cannot conduct business. Both Congressman Scott and fellow South Carolina House member Jeff Duncan (R-Laurens) indicated the House leadership will continue the pro forma sessions for the foreseeable future.

Duncan expressed his concern with the NLRB’s conduct in the Boeing case, promising to “push for changes in the law to make sure that the NLRB never uses this type of unconstitutional bullying tactic again,” while Scott expressed his belief that “the forces at work within our country to undermine our recovery include the NLRB.” Driven by these concerns, Duncan and Scott have sponsored several bills aimed at protecting free choice by employees and reining in the NLRB. These bills include:

• H.R. 1047 – “State Right to Vote Act,” sponsored by Duncan, would protect states that adopt laws allowing workers to settle issues by secret ballot.

• H.R. 1976 and 2587, both sponsored by Scott, would bar the NLRB from directing companies to close or move plants or jobs, while another Scott bill, H.R. 2810 – The “Employee Rights Act,” would require the use of secret balloting to unionize a workplace and require a renewal vote every three years. It would also set guidelines on how these elections are to be conducted.

In September, the South Carolina Chamber of Commerce joined the U.S. Chamber of Commerce and others in filing suit in federal courts to block implementation of what is known as the “Notification Rule.” This proposed NLRB rule would create a new mandate which would require employers to post notices that have been considered free advertising for labor unions.

Scott believed the backlash against the NLRB over the Boeing case taught the agency to be careful in picking its battles with businesses, predicting “the NLRB will become a little more cautious when it steps outside of the lines with companies in the future.” Given the ongoing efforts being waged in the courts and on Capitol Hill by South Carolina’s business and political leaders, it would seem that while the battle over the Boeing plant may have ended, the state’s war with the agency is far from over.

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  • davarino

    Obama's little totalitarians doing his dirty work. We told you this guy doesnt play fair. How is a vote valid if it isnt secret? Next we'll be voting for president with his goons watching over our shoulder.

    • trickyblain

      "How is a vote valid if it isnt secret?"

      You do know that when you vote for President, Congress, dog catcher, etc., it's part of the public record (e.g., not secret)?

      • Rick_in_VA

        The number of votes per polling place may be public record, but not who YOU actually voted for. At least not yet.

  • StephenD

    The NLRB is just doing what it is told to do. Same with the Justice Dept. I fully expect, if re-elected, Obama will come right out and tell these companies he wants them to move to China. It seems that is what he's forcing them to do as it is. And, he can point to his buddy at GE to see the benefits of doing so. I wonder what is in it for him??

    • jacob

      Rightly said ! ! !
      If there would be an impartial media, OBAMA's trip to COPENHAGEN to plead
      for the seat of the next olympics or whatever was on the balance to take place
      in CHICAGO ???

      Where did I read that his bossom pals are slum lords ????
      Can you imagine the kind of killing theuy would have made if this project would
      have materialized ????
      There is an old proverb stating : THINK EVIL AND YOU'LL HAVE GUESSED IT
      RIGHT…! ! !
      Now imagine the feast the media would have had if it would have been BUSH ???

  • jacob

    I certainly believe we need unions as much as we need another hole in our heads
    The SIMON LEGREE bosses went the way of the dinosaurs and there is no need
    to have a gangsters ridden organizations preying on the sweat of the workers and
    politically partial for a political party as all of them are for the DEMOCRAP party and
    worse yet, have an overlord such as this NLRB calling the shots in the most ugly
    possible way, as proven by this BOEING plant in S. Carolina and its shameless
    and impudent opposition to the rules of a "right to work" state.
    It is time already to clear the scum sitting there and replace them with real impartial
    and honest people, whether the Emperor and the unions like it or not