Bill Wilson, ALG:
Every American should be afraid when their government tells them to keep their mouths shut. This is especially true when the subject relates to a matter of national public policy.
On Monday, Lafe Solomon, acting general counsel of the National Labor Relations Board (NLRB), seemed to forget about the right to free speech when he essentially told Boeing, and all other commentators, to shut it.
In 2009, Boeing made a rational business decision regarding the placement of one of its new production facilities. It decided to open a new plant in South Carolina, a right-to-work state. The NLRB claims that Boeing decided to locate the new facility in South Carolina as retaliation for past union strikes in Boeing’s Washington State locations. This ignores the fact that in the meantime Boeing has added over 2,000 employees to its Washington State locations.
The unions are unhappy with the Obama administration for several reasons. As a result, the administration needs to find ways to keep them happy. While unions spent tens of millions of dollars to get Obama elected, only a few union wishes have been realized. Since political opposition makes the passage of high-profile legislation like the so-called Employee Free Choice Act impossible, the administration has resorted to below-the-radar ways to appease its union supporters. Enter the NLRB.
The administration has stacked the NLRB with union operatives. The president used the recess appointment process to place Craig Becker, the former associate general counsel for the SEIU and AFL-CIO, on the board. With Mr. Becker in office, the board has embarked on an activist stint with the apparent intention of making labor laws and regulations more favorable to unions.
Having seen that the NLRB’s case against Boeing is weak and that the board’s position is being destroyed in analysis by anyone who has taken a serious look at the matter, Mr. Solomon, in a rather snippy letter to Boeing general counsel Michael Luttig, complained about the press coverage, saying, “We hope all interested parties respect the legal process, rather than trying to litigate this case in the media and public arena.” In other words, “keep your mouth shut.” The hypocrisy here is hard to miss given the board’s propensity to issue press releases anytime doing so will further its positions. This is case of “do as I say, not as I do.”
Boeing and all other commentators have a First Amendment right to speak freely, and all should continue to exercise that right. The fact that a high-ranking government official is telling a company and the rest of the public to shut up should send chills down everyone’s back.
It should but it won’t.
We’re a country of situational ethics — which we now rationalize as “pragmatism” — and in a world where truth itself is a man-made construct, and so is relevant only inasmuch as the context insists, natural rights and the rule of law are just two more nodal points whose jurisdiction needs be adjudicated on a case by case basis.
This is the world of the left, and it is one we’ve allowed the foundation to be laid for by abandoning the anchor of individual autonomy and intent that once grounded our epistemology in favor of what is, linguistically and then epistemologically and then finally culturally, a democratic basis for determining knowledge and meaning, rendering truth merely a function of numbers and power.
This was always the endpoint once we adopted the assumptions that led us here, institutionalizing them and accepting them as themselves kernel truths.
Is it any wonder, then, that lawyers run the country?
Unfortunately for Mr. Solomon, since I’m not party to the action, I’m free to say anything I care to about it, Boeing, NLRB, Mr. Solomon himself, etc. etc. – bearing in mind, of course, the restrictions on slander and libel.
But basically, I can talk smack to my heart’s content, and there ain’t squat anybody can do about it. Nyahhhh!
Anybody up for sucker bets on whether he suggests a variation on “cutting the baby in half”?
Boeing to NLRB – Blow me.
(If I were Boeing).
Apparently Cantwell and Murray have more balls and mojo than DeMint and Graham.
Well Graham probably acts as a negative number to DeMint in that department, if that is possible.
You know what else lawyers give us? Cases where police are granted unlimited discretion in conducting even unlawful search and seizure of one’s home and property.
Rush was talking about this today. I honestly couldn’t believe my ears.
Boeing moving its headquarters to Chicago might not have been the best place, in hindsight, to drum up political support against the union.
Yep, zamoose. I was going to post on that.
That’s a Daniels’ judge, I believe.
a democratic basis for determining knowledge and meaning, rendering truth merely a function of numbers and power.
Yup.
Somewhere along the way we fetishized democracy, thinking it was liberal.
Which is why I haven’t too much hope in solutions that are based on what is essentially democratic thinking.
The masses will vote themselves largess out of the public trough. My thinking is, that’s the nature of the beast. Two wolves and a lamb. Trying to make it otherwise I fear is as futile as trying to make communism work this time. Water is wet, fire will burn.
Solomon’s reaction is typical, especially in cases where they see themselves most likely losing in court as well as the court of public opinion.
The NLRB types know that this is a ham-handed attempt to intimidate Boeing on behalf of the union, and that it would never stand up in court. But they had at least hoped to be able to roll the dice and see if Boeing might agree to some settlement where they’d volunatarily install the union at the SC plant in order to save themselves months of delays and all of the jack on court fees and attorney time.
But they also wanted to do it on some level of DL, in order to keep their powder try to implement card check by regulatory fiat, or something along those line.
The exposure in the media not only highlights them without their “mask” on, but also underscores the chicanery of the administration in it’s recess appointment of Becker in the face of bi-partisan disapproval in the Senate.
It was a “shut-up” moment to the people, via the Senate’s role of “advise and consent”, and the combination of the two will hurt the O!ministration; especially the disconnect with Obama’s desired buisness friendly administration meme as well as his deafening silence on the matter.
Which, I think Governor Haley should start some kind of high-visibility “clock” update daily on his refusal to reign in the NLRB on this matter…
I thought Senator Franken explained this all already – no one is forced to join a union, you just can’t work here if you don’t join the union. Similarly, no one is forcing Boeing to build airplanes.
Al Franken is Minnesota’s gift to the union. After Dayton, often described as the worst senator ever (and now our governor… yay!), failed to be re-elected, the senate needed someone to be the head buffoon, and we Minnesotans provided it.
You’re welcome, America.
Boeing’s workers in SC had a union. They decertified it. This is a full frontal union assault on the free market with the community organizer in chief leading the charge. They must be crushed.
This is just an end run by democrats and their benefactors to prevent this (from Insty):
Yeah, I’m aware of that Pablo, I was only speculating as to possible outcomes the NLRB might have been fantasizing of. Because clearly Boeing isn’t going to kiss the 2 billion dollars they spent on building the factory goodbye.
And who knows, maybe it was just intimidation value they were after, or cheap posturing to be able to tell Trumka et al, “We went to the mattresses for you!”, at some later date.
I don’t understand how any attorney who could read the law and be cognizant of the facts in this matter could even take part in the suit; it seems unethical to me on so many levels.
Bob,
Were this a Federal Court filing and I was the assigned Judge, the Rule 11 sanctions would be flying off my desk as fast as I could sign them.
I think this is pissy-ness on the NLRB’s part exactly because they are getting soundly thrashed in opinion, as they will be in court.
We need you to run for the bench Col. John! Well, that is, if they’re elected positions in Illinois like the lower court judgeships are here in NY.
Well, somebody had to fill Joe Biden’s clown shoes.
Bob, they are – but I don’t have the $ to run. I was approached about running for State Rep, however…
I hope the ellipsis means you’re giving it some thought.
Too bad about the cost of running nowadays for any political office. But I’ll join bh in hoping that you give some thought for running for state representative.
Because an attorney that actually believes in the rule of law would seem to me to be a great asset at any level of government.