PRO Act would force workers to join unions they oppose and destroy jobs

July 23, 2019, Fairfax, Va.—Americans for Limited government President Rick Manning today issued the following statement urging Congress to oppose the PRO Act:

“The PRO Act is a great illustration of just how radical and out-of-touch today’s Democrat Party is. The bill, which has 179 House Democrat cosponsors and 9 Senate Democrat cosponsors, would force millions of workers into unions they oppose and destroy jobs while lining the pockets of liberal fat cat donors. Just when some workers finally begin recovering from the Great Recession is no time to be killing jobs in the franchise industry and the gig economy.

“The significant additional employment costs imposed by this proposed change in law is designed to create unionization opportunities for House Democrat’s labor union financial benefactors, but it is dubious whether currently independent drivers would survive the transition as they became little more than scheduled cab drivers.

“The bill also institutes card check which effectively ends secret ballot union elections inviting a climate of workplace intimidation, mandates unfair snap elections, legalizes secondary boycotts, and brings back a rule that puts a significant regulatory burden on those who help employers legally communicate to employees during a labor dispute.”

Interview Availability: Please contact Americans for Limited Government at 703-383-0880 ext. 1 or at [email protected]

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ALG House Members to Cosponsor Gingrey Resolution of Disapproval Against Unionization by Minority Vote

September 28th, 2010, Fairfax, VA—Americans for Limited Government (ALG) President Bill Wilson today urged members of the House to cosponsor a resolution of disapproval against a National Mediation Board rule that allows for union organization at railways and airlines with less than a majority of employees voting “yes.”

“Members of the House need to stand up for the rule of law and rein in this rogue agency. The National Mediation Board cannot just make up the law,” Wilson declared.

The resolution, H.J. Res. 97, offered by Representative Phil Gingrey, would undo a May 11th, 2010 ruling by the National Mediation Board (NMB) to repeal the so-called “Majority Rule.” Under the old rule, it took a majority of an organizing unit voting “yes” to permanently organize a union.

Now, because of the NMB ruling, it only takes a majority of those voting, a considerably lower threshold. Wilson said the NMB’s decision clearly violates the law, and called on House members to support Gingrey’s resolution.

According to Section 152 of the Railway Labor Act, “The majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class for the purposes of this chapter.”

“The language of the Railway Labor Act is clear: a majority of employees in an organizing unit have to vote to unionize. If Congress does not like that law, they can amend it, but the agency cannot just arbitrarily change it,” Wilson said.

Wilson noted that the Carter Administration had come to same conclusion in the 1970’s when it looked into the issue, which is that only Congress can change the rule. “This is not rule by elected representatives, it is rule by faceless bureaucrats doing whatever they want,” he said. “First it was the EPA with its carbon endangerment finding, and then the National Labor Relations Board moving in the direction of card check. This is rule by rogue agencies, not by representation.”

Wilson previously said the rule had been changed “most likely to allow a single union at Delta Airlines to win a unionization election they otherwise would not.” Wilson charged that the rule change most likely had been made to accommodate the merger of Delta Airlines and Northwest.

“Since the merged company is now only 40 percent union, the only way to get a union for Delta was to change the rules,” Wilson explained.

According to CNN Money, “Unlike its competitors, Delta employees have declined to join labor unions in the past, priding themselves on having great relationships with the company and enjoying the freedom to negotiate contracts with managers one on one.”

A similar resolution failed in the Senate with a final vote of 56 to 43.

Wilson has said that the old rule was justified because there is no decertification procedure under the Railway Labor Act. “Once a union is organized at an airline or railway, there is simply no way for it to be held accountable by workers. Lowering the standard for organization, without any means of decertification, is anti-democratic and simply a handout to the labor unions, tilting the playing field completely in their favor.”

“The National Mediation Board is not an independent agency that makes its own rules. It is bound by the Railway Labor Act, and Congress has a duty to overturn the Board’s decision to arbitrarily change what the law means. The rule of law depends on it,” Wilson concluded.

Attachments:

H.J. Res. 97, by Representative Phil Gingrey, September 2010.

National Mediation Board Rule Change Summary, Republican Senate staff, September 2010 atwww.getliberty.org/files/NMBRuleChangeSummary.pdf.

Interview Availability: Please contact Rebekah Rast at (703) 383-0880 or at [email protected] to arrange an interview with ALG President Bill Wilson.

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ALG Blasts Senate for Defeating Isakson Resolution Against Union Organization by Plurality Rule

September 23rd, 2010, Fairfax, VA—Americans for Limited Government (ALG) President Bill Wilson today condemned the Senate for rejecting a resolution of disapproval against a National Mediation Board rule that allows for union organization at railways and airlines with less than a majority of employees voting “yes.”

Wilson said the rule has been changed to “allow a single union at Delta Airlines to win a unionization election they otherwise would not.” Wilson charged that the rule change most likely had been made to accommodate the merger of Delta Airlines and Northwest.

“Since the merged company is now only 40 percent union, the only way to get a union for Delta was to change the rules,” Wilson explained.

According to CNN Money, “Unlike its competitors, Delta employees have declined to join labor unions in the past, priding themselves on having great relationships with the company and enjoying the freedom to negotiate contracts with managers one on one.”

The final vote in the Senate was 56 to 43 against Isakson’s resolution of disapproval. The resolution was proposed by Senator Johnny Isakson, who in The Hill wrote, “The Obama administration’s decision to repeal this rule means that now a minority of the bargaining unit can organize — permanently — the entire organizing unit.”

“The National Mediation Board simply does not have the legal authority to make such a radical change without Congressional authorization,” Isakson stated in a press release. “With this rule change, a union could be permanently recognized without a majority of employees having ever supported representation.”

That is because on May 11th, 2010, the National Mediation Board repealed the so-called “Majority Rule.” Under the old rule, it took a majority of an organizing unit voting “yes” to permanently organize a union. Now, it only takes a majority of those voting, a considerably lower threshold.

“The NMB’s decision clearly violates the law. According to Section 152 of the Railway Labor Act, ‘The majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class for the purposes of this chapter’,” Wilson said.

“Not a majority of those voting, but a majority of the entire workforce. This part of the law is very clear. If Senators don’t like that law, they can amend it. Instead they are okay with an arbitrary executive action to change the law willy-nilly,” Wilson said, noting that the Carter Administration had come to same conclusion in the 1970’s when it looked into the issue, which is that only Congress can change this rule.

Isakson wrote in The Hill, “[U]nder the Majority Rule, if a bargaining unit had 6,000 employees, 3,001 must have voted for a union to organize the unit. However, under the new rule, if only 1,000 of 6,000 vote, and 501 of those 1,000 vote yes, all 6,000 are permanently unionized, even if a majority of them become disenchanted with the union leadership.”

Wilson said that the old rule was justified because there is no decertification procedure under the Railway Labor Act. “Once a union is organized at an airline or railway, there is simply no way for it to be held accountable by workers. Lowering the standard for organization, without any means of decertification, is anti-democratic and simply a handout to the labor unions, tilting the playing field completely in their favor.”

Wilson said that the National Mediation Board had violated their authority under the Railway Labor Act. “By changing the rule regarding union representation elections, the NMB has committed an arbitrary action that the Senate has now condoned, ceding yet more of its rightful legislative powers to faceless bureaucrats.”

“First it was the EPA with its carbon endangerment finding, and then the National Labor Relations Board moving in the direction of card check. This is rule by bureaucracy, not by representation,” Wilson explained.

“The National Mediation Board has clearly stepped out of its statutory role as a neutral arbiter, and into being an advocate on behalf of union organizers. And the Senate has once again proven themselves to be Big Labor’s rubber stamp through its outrageous vote today,” Wilson concluded.

Attachments:

National Mediation Board Rule Change Summary, Republican Senate staff, September 2010 atwww.getliberty.org/files/NMBRuleChangeSummary.pdf.

Interview Availability: Please contact Rebekah Rast at (703) 383-0880 or at [email protected] to arrange an interview with ALG President Bill Wilson.

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ALG Joins Senate Republicans in Urging Obama to Rule Out Recess Appointment of Becker

March 25th, 2010—Americans for Limited Government President Bill Wilson today joined with the Senate Republican caucus in urging Barack Obama to rule out a recess appointment of Craig Becker to the National Labor Relations Board (NLRB).

According to the letter signed by all 41 Republican members of the Senate, “We urge you not to ignore the bipartisan Senate vote by giving Mr. Becker a recess appointment to the NLRB. Taking this action would place a rejected nominee in an appointed term to the NLRB, setting an unfortunate precedent for all future nominations and future administrations.”

Becker’s nomination was blocked in the Senate on February 9th, with Democrat Senators Blanche Lincoln and Ben Nelson joining 31 other Republicans against the nominee.

“Craig Becker is a radical of the first order, and the Senate was more than justified in blocking his appointment,” Wilson said, citing Becker’s advocacy of making substantial changes to the National Labor Relations Act via the National Labor Relation Board without any Congressional approval.

According to a report published by Americans for Limited Government, “Militant on a Mission,” Becker wrote that “The [National Labor Relations] Board should return to the principle that a union election is not a contest between the employer and the union… Unlike the other proposals, however, it could be achieved with almost no alteration to the statutory framework.”

According to the ALG report, “This unilateral imposition of his views regardless of Congressional approval may apply to Card Check legislation as well.”

Under current law, the National Labor Relations Act, workers have a right to a secret ballot when unions are organized. Unions have lobbied the Obama administration and Congress for a “card check” system in the EFCA that would eliminate the employer’s right to request a secret ballot election, allowing unions to be organized without any ballot.

Becker’s highly controversial views resulted in Senate Republicans’ opposition against the nomination, and in their letter write, “Mr. Becker’s writings clearly indicate that he would use his position on the NLRB to institute far-reaching changes in labor law far exceeding the Board’s authority and bypassing the role of Congress.”

The letter continues, “His rejection of traditional notions of democracy in union elections and of an employer’s status as a party to labor representation proceedings has garnered bi-partisan opposition to his nomination. His extensive, highly controversial writings, as well as his legal and scholarly career indicate that he could not be viewed as impartial or objective in deciding cases before this quasi-judicial agency.”

In 1993, according to the ALG report, Becker also wrote that “employers should have no right to raise questions concerning voter eligibility or campaign conduct” and “employers should have no right to be heard in either a representation case or an unfair labor practice case.” Both views conflict with longstanding interpretations of national labor relations laws.

Becker’s appointment has been described by the Service Employees International Union (SEIU) as ‘the highest priority for organized labor’ according to an email released by Jeri Thompson. The letter was from an SEIU lobbyist to Democratic members of the U.S. Senate.

“That email showed the SEIU setting the Senate’s schedule for the Becker confirmation,” Wilson explained. “And now, undeterred by the Senate’s rejection of Becker, Barack Obama is prepared to achieve Big Labor’s ‘highest priority’ with a recess appointment.”

The AFL-CIO has already called for such an appointment, as reported by the American Spectator. The Spectator also reports Obama saying, “If the Senate does not act to confirm these nominees, I will consider making several recess appointments during the upcoming recess.”

Becker could be recess-appointed during the upcoming Easter recess that will begin on March 29th.

Becker has served as counsel for both the SEIU and the AFL-CIO. According to the Wall Street Journal, Becker was also responsible for the drafting of several pro-union executive orders while serving simultaneously on the Barack Obama’s presidential transition team and on the SEIU payroll. One of the orders repealed required federal contractors to post notice that workers do not have to pay for the political expenditures of their unions.

Testifying about the orders, Becker said, “I was asked to provide advice and information concerning a possible executive order of the sort described. I was involved in researching, analyzing, preliminary drafting, and consulting with other members of the Transition team.”

Wilson has said that the executive orders “show that Becker’s agenda is to achieve via executive regulation what cannot be achieved via the legislative process.”

In addition, the ALG report charges that Becker “instituted new policies to force political contributions from union locals in potential violation of the law; was implicated in the scandal surrounding disgraced former Illinois Governor Rod Blagojevich; endured major financial scandals; engaged in alleged intimidation of its members; pursued union contracts that would have prevented unionized nursing home workers from reporting elder abuse; gave millions of dollars to the scandal-plagued group ACORN; and hired private detectives to spy on union members.”

Wilson concluded, “Craig Becker’s legacy will be to achieve via executive fiat what cannot be achieved legislatively, and Barack Obama’s recess appointment of him is more than symbolic of that defiance.”

Attachments:
“Militant on a Mission: Report on Craig Becker, Nominee to the National Labor Relations Board,” Americans for Limited Government, January 2010.
ALG Nominee Alert, Craig Becker, August 2009.

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ALG Praises Senate for Blocking Craig Becker, Urges Obama to Rule Out Recess Appointment  

February 10th, 2010—Americans for Limited Government President Bill Wilson today praised the Senate for blocking Barack Obama’s nominee for the National Labor Relations Board (NLRB), Craig Becker, and said, “Now it is time for Barack Obama to take the Becker nomination off-the-table completely and rule out a recess appointment, protecting the rights of workers from coerced unionization.”

“Big Labor bosses have made it clear that appointing Becker no matter what is ‘the highest priority for organized labor,’” Wilson said, quoting an email released by Jeri Thompson, co-host of the Fred Thompson Show, from an SEIU lobbyist to Democratic members of the U.S. Senate.

“The email showed the SEIU setting the Senate’s schedule for the Becker confirmation,” Wilson explained.

“Now, to push forward Big Labor’s ‘highest priority,’ Obama’s most likely step is to simply make a recess appointment,” Wilson added, “despite the fact that Becker’s views on labor relations law which are far out of the mainstream.”

The AFL-CIO has already called for such an appointment, as reported by the American Spectator. The Spectator also reports Obama saying, “If the Senate does not act to confirm these nominees, I will consider making several recess appointments during the upcoming recess.”

Becker could be recess-appointed as soon as the President Day’s recess on February 12th, and could serve until the conclusion of the next session in late 2011.

Wilson resumed his criticism of Becker, noting that “Becker has advocated making substantial changes to the National Labor Relations Act via the National Labor Relation Board without any Congressional approval.”

Becker has served as counsel for both the SEIU and the AFL-CIO, and Wilson said “Craig Becker was nominated precisely because of his radical views on labor law, which union bosses want implemented administratively through venues like the NLRB.”

According to a report published by Americans for Limited Government, “Militant on a Mission,” Becker wrote in 1993 that “employers should have no right to raise questions concerning voter eligibility or campaign conduct” and “employers should have no right to be heard in either a representation case or an unfair labor practice case.” Both views conflict with longstanding interpretations of national labor relations laws.

Fueling opposition to his nomination, Becker has also stated that his proposals could be achieved without Congressional approval: “The [National Labor Relations] Board should return to the principle that a union election is not a contest between the employer and the union… Unlike the other proposals, however, it could be achieved with almost no alteration to the statutory framework.”

According to the ALG report, “This unilateral imposition of his views regardless of Congressional approval may apply to Card Check legislation as well.”

In 2006, Becker opined, “With only eight percent of people in the private sector represented by unions, how can anyone say that we should close off or narrow the means by which employees can obtain union representation?”

Under current law, the National Labor Relations Act, workers have a right to a secret ballot when unions are organized. Unions have lobbied the Obama administration and Congress for a “card check” system in the EFCA that would eliminate the employer’s right to request a secret ballot election, allowing unions to be organized without any possibility of a ballot.

“The right of workers to decide free of intimidation whether they want to organize a union or not is still in danger, and will be so long as Obama maintains support for putting Becker into government,” Wilson said.

According to the Wall Street Journal, Becker was also responsible for the drafting of several pro-union executive orders while serving simultaneously on the Barack Obama’s presidential transition team and on the SEIU payroll. One of the orders repealed required federal contractors to post notice that workers do not have to pay for the political expenditures of their unions.

Testifying about the orders, Becker said, “I was asked to provide advice and information concerning a possible executive order of the sort described. I was involved in researching, analyzing, preliminary drafting, and consulting with other members of the Transition team.”

Wilson said that the executive orders “show that Becker’s agenda is to achieve via executive regulation what cannot be achieved via the legislative process.”

In addition, the ALG report charges that Becker “instituted new policies to force political contributions from union locals in potential violation of the law; was implicated in the scandal surrounding disgraced former Illinois Governor Rod Blagojevich; endured major financial scandals; engaged in alleged intimidation of its members; pursued union contracts that would have prevented unionized nursing home workers from reporting elder abuse; gave millions of dollars to the scandal-plagued group ACORN; and hired private detectives to spy on union members.”

Wilson concluded, “Barack Obama is now prepared to achieve via recess appointment what he could not in the U.S. Senate, which may very well be the overall legacy left by Craig Becker as he single-handedly rewrites labor relations law without Congressional any amendment to statute.”

Attachments:
“Militant on a Mission: Report on Craig Becker, Nominee to the National Labor Relations Board,” Americans for Limited Government, January 2010.
ALG Nominee Alert, Craig Becker, August 2009.

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ALG Urges Senate to Reject Craig Becker, Terms NLRB Nominee “Militant on a Mission”  

February 8th, 2010—Americans for Limited Government President Bill Wilson today urged the Senate to reject Barack Obama’s nominee for the National Labor Relations Board (NLRB), Craig Becker whom Wilson said “would work around the clock to force tens of millions of workers into unwanted unions.”

“Craig Becker is just the latest in a long line of radicals nominated by Barack Obama, and until the Senate actually rejects a nominee, the White House will not get the message,” Wilson said, terming Becker’s views as “far outside the mainstream.”

“For example,” Wilson noted, “Becker has stated that radical changes to the National Labor Relations Act, could be made by NLRB fiat even if Congress did not amend the statute. That alone should disqualify him.”

According to a report published by Americans for Limited Government, “Militant on a Mission,” Becker wrote in 1993 that “employers should have no right to raise questions concerning voter eligibility or campaign conduct” and “employers should have no right to be heard in either a representation case or an unfair labor practice case.” Both views conflict with longstanding interpretations of national labor relations laws.

Adding to the controversy, Becker has stated that his proposals could be achieved without Congressional approval: “The [National Labor Relations] Board should return to the principle that a union election is not a contest between the employer and the union… Unlike the other proposals, however, it could be achieved with almost no alteration to the statutory framework.”

The ALG report suggests that “This unilateral imposition of his views regardless of Congressional approval may apply to Card Check legislation as well.” In 2006, Becker opined, “With only eight percent of people in the private sector represented by unions, how can anyone say that we should close off or narrow the means by which employees can obtain union representation?”

Under current law, unions have to provide for a secret ballot when they are organized. Unions have lobbied the Obama administration and Congress for a “card check” system that would allow unions to be organized without any ballot.

“The confirmation of Craig Becker would be nothing short of a radical departure from current laws protecting the secret ballot of workers, who have a right to decide free of intimidation whether they want to organize a union or not,” Wilson declared.

Wilson warned Senators that “A vote for Becker will be viewed as an undemocratic vote against secret ballots.”

In a recent letter to the Chairman of the Senate Committee on Health, Education, Labor & Pensions, Senator Tom Harkin, Senator John McCain wrote, “I have concerns regarding Mr. Becker’s written views, which indicate that he would prevent employers from having a role in union representation elections in their workplaces by doing away with requiring fair, secret ballot union elections when requested by an employer and I would like the opportunity to question Mr. Becker about these positions in person and in public.”

McCain currently has a legislative hold on the Becker nomination now, meaning it will take 60 votes to invoke cloture on the nomination before it can proceed to an up-or-down vote.

According to the Wall Street Journal, Becker was also responsible for the drafting of several pro-union executive orders while serving simultaneously on the Barack Obama’s presidential transition team and on the SEIU payroll.

Testifying about the orders, Becker said, “I was asked to provide advice and information concerning a possible executive order of the sort described. I was involved in researching, analyzing, preliminary drafting, and consulting with other members of the Transition team.”

In addition, the ALG report charges that Becker “instituted new policies to force political contributions from union locals in potential violation of the law; was implicated in the scandal surrounding disgraced former Illinois Governor Rod Blagojevich; endured major financial scandals; engaged in alleged intimidation of its members; pursued union contracts that would have prevented unionized nursing home workers from reporting elder abuse; gave millions of dollars to the scandal-plagued group ACORN; and hired private detectives to spy on union members.”

Wilson concluded, “The role of the radical Craig Becker at NLRB would be to implement by fiat what the Obama Administration cannot achieve legislatively — and Senators have every reason to assume that includes the implementation of ‘card check’ and the elimination of the secret ballot.”

Attachments:
“Militant on a Mission: Report on Craig Becker, Nominee to the National Labor Relations Board,” Americans for Limited Government, January 2010.
Senator McCain’s Letter to Senator Tom Harkin, October 20th, 2009.
ALG Nominee Alert, Craig Becker, August 2009.

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NLRB Nominee Craig Becker Hits Road Bump, ALG Thanks Sen. McCain

October 21st, 2009, Fairfax, VA—Americans for Limited Government President Bill Wilson today thanked Senator John McCain for putting a legislative hold on Barack Obama’s nominee for the National Labor Relations Board (NLRB), Craig Becker.

In a letter to the Chairman of the Senate Committee on Health, Education, Labor & Pensions, Senator Tom Harkin, McCain wrote, “While it is the President’s prerogative to nominate who he wishes, it is our duty in the U.S. Senate to review all of the Administration’s nominees. I have concerns regarding Mr. Becker’s written views, which indicate that he would prevent employers from having a role in union representation elections in their workplaces by doing away with requiring fair, secret ballot union elections when requested by an employer and I would like the opportunity to question Mr. Becker about these positions in person and in public.”

The letter continues, “For these reasons, I call on you to schedule a hearing on Mr. Becker’s nomination before you proceed to full committee consideration of his nomination to the NLRB.”

Today, in an executive session of the committee, McCain demanded a hearing on Craig Becker and a roll call vote. A roll call vote was then taken with McCain voting against Becker, although he did not prevail.

McCain has a legislative hold on the Becker nomination now, meaning it will take 60 votes to invoke cloture on the nomination before it can proceed to an up-or-down vote. Top Capitol Hill sources indicate it will be a “tough” vote.

“If Craig Becker had his way, when a union is organized, there would not be any secret ballot for workers. There would just be union thugs going from worker to worker, ‘encouraging’ them to support unionization,” said Wilson.

According to the Wall Street Journal, “In a 1993 Minnesota Law Review article, written when he was a UCLA professor, Mr. Becker argued for rewriting current union-election rules in favor of labor. And he suggested the NLRB could do so by regulatory fiat, without a vote in Congress.”

Under current law, unions have to provide for a secret ballot when they are organized. Unions have lobbied the Obama administration and Congress for a “card check” system that would allow unions to be organized without any ballot.

According to the Journal, Becker was also responsible for drafting several pro-union executive orders while serving simultaneously on the Barack Obama’s presidential transition team and on the SEIU payroll. In testimony, Becker said, “I was asked to provide advice and information concerning a possible executive order of the sort described. I was involved in researching, analyzing, preliminary drafting, and consulting with other members of the Transition team.”

“Senator McCain deserves the thanks of the American people for demanding a public hearing on Craig Becker’s views, which put him far outside the mainstream,” Wilson concluded.

Attachments:
Senator McCain’s Letter to Senator Tom Harkin, October 20th, 2009.

ALG Letter to Senator Tom Harkin RE: NLRB Nominees, October 20th, 2009.

ALG Nominee Alert, Craig Becker, August 2009.

Interview Availability: Please contact Alex Rosenwald at (703)383-0880 or at [email protected] to arrange an interview with ALG President Bill Wilson.

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ALG Urges Sen. Harkin to Hold Public Hearings on NLRB Nominees  

October 20th, 2009, Fairfax, VA—Americans for Limited Government President Bill Wilson today in a letter urged Senator Tom Harkin, Chairman of the Senate Committee on Health, Education Labor & Pensions to hold public hearings on all nominees for the National Labor Relations Board (NLRB).

Tomorrow, the committee will hold an executive session on the nominees to the NLRB. Thus far, there have been no public hearings held on these nominees.

In his letter, Wilson wrote, “There are numerous, substantial issues in the backgrounds of two of these nominees, Craig Becker and Mark Pearce. For instance, Craig Becker is a longtime union activist who has spent considerable time and energy fighting for reduced rights for union members. His strong advocacy against workers brings into question whether he can be neutral when deciding cases involving union issues.”

According to the Wall Street Journal, “In a 1993 Minnesota Law Review article, written when he was a UCLA professor, Mr. Becker argued for rewriting current union-election rules in favor of labor. And he suggested the NLRB could do so by regulatory fiat, without a vote in Congress.”

In a statement Wilson said, “Barack Obama has nominated Craig Becker, who he believes the NLRB can arbitrarily change the rules for union elections, raising questions as to whether the NLRB under Obama is planning to do away with secret ballot elections for unions.”

Under current law, unions have to provide for a secret ballot when they are organized. Unions have lobbied the Obama administration and Congress for a “card check” system that would allow unions to be organized without any ballot.

According to the Journal, Becker was also responsible for drafting several pro-union executive orders while serving simultaneously on the Barack Obama’s presidential transition team and on the SEIU payroll. In testimony, Becker said, “I was asked to provide advice and information concerning a possible executive order of the sort described. I was involved in researching, analyzing, preliminary drafting, and consulting with other members of the Transition team.”

Wilson was also critical of the nomination of Mark Pearce in his letter to Harkin, “Mark Pearce’s past advocacy has included among other things representing corrupt union leaders who embezzled workers’ money.”

ALG’s own background material on Pearce reveals that he “served as counsel to Frank Ervolino and his unions, among them HERE Local 4. In 1995, dissidents within the union wanted to see the union’s financial records and were rebuffed, with Pearce’s assistance. Pearce pushed back against the 500 union members who asked to see the records.”

Ervolino was later indicted in 2000, along with his wife, on multiple counts of embezzlement and conspiracy. Ervolino died before trial, but his wife, Anna May, plead guilty and made restitution of $144,470.79 to the union’s benefit plans.

The letter continues, “These two nominees are not the type of leaders that this country needs. The issues in their backgrounds require significant, public examination. To deny the public of the opportunity to observe this examination is not the proper course of action. The Committee should conduct its work in public for all to see and should not resort to executive meetings to move nominees forward.”

“So much for Barack Obama’s vaunted claims of transparency. Two union hacks with shady histories are nominated for the NLRB, and instead of public scrutiny, they get executive sessions to hide their pasts,” Wilson concluded.

Attachments:
ALG Letter to Senator Tom Harkin RE: NLRB Nominees, October 20th, 2009.

ALG Nominee Alert, Craig Becker, August 2009.

ALG Nominee Alert, Mark Pearce, August 2009.

Interview Availability: Please contact Alex Rosenwald at (703)383-0880 or at [email protected] to arrange an interview with ALG President Bill Wilson.

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