Boeing

  • August 30, 2011

    by Jeremy Leaming

    As conservative lawmakers and right-wing activists keep churning out attacks against the efforts of the National Labor Relations Board (NRLB) to enforce federal labor law, The New York Times talked with outgoing chairwoman Wilma Liebman about the origins of some of the Right’s vitriol.

    Liebman (pictured) tells the newspaper that attacks against the Board, which is charged with enforcing the National Labor Relations Act (NLRA), tend to be cyclical – depending on which political party is in power (the NLRB is an independent federal agency, but the president appoints members to the five-member board). She adds, however, that she believes the NLRA, enacted during the New Deal has never been fully accepted by many people. The NLRA, as Liebman points out, was intended to ensure that workers have the right to engage in collective bargaining and other actions to protect their rights against increasingly powerful corporations. Not surprisingly, the article includes comments from U.S. Chamber of Commerce deriding actions by the Board to safeguard workers’ rights. Recently the NLRB drew consternation from business groups when it ordered private employers to post information about workers’ rights to bargain collectively and form unions.

    Liebman defends collective bargaining as a major reason for the creation of the nation’s middle class, and as a tool to strengthen the economy.

    “If you increase workers’ purchasing power, that can create a stronger, more substantial economy,” she said.

  • August 24, 2011
    Guest Post

    By Jeffrey M. Hirsch, a professor at the University of North Carolina School of Law. This is a cross-post from Workplace Prof Blog.


    Since the initial uproar over the Boeing complaint, I've been sitting back and waiting for the hearing and ALJ recommended decision stage to wrap up. But a recent column by the NY Times' Joe Nocera has prompted me to post something yet again. When a columnist whose most recent notoriety was calling Tea Partiers "terrorists" writes a column that looks like it was written by Boeing, I just can't resist. I won't comment on his positive descriptions of Boeing, which many in the labor field might take issue with, but instead focus on his erroneous description of the case and the NLRB.

    Nocera starts by claiming that he is "mildly obsessed" over the issue. I'd suggest that he make the obsession stronger, because it's apparent that he hasn't taken the time to read the complaint, read the NLRB's statements on the complaint, talk to anyone who knows the law, or even spent five minutes on the NLRB website to determine its basic structure and function.

    Nocera at least said there was a "complaint" at issue rather than a decision, although he doesn't seem to understand the difference between the NLRB and the NLRB's General Counsel. Indeed, he states that most of the Board's "top executives" were nominated by Obama, without recognizing that the GC is the only political appointee who has looked at this case.

    Nocera also messes up the GC's proposed order. The GC did not say that all the South Carolina jobs have to be moved back to Washington. As the NLRB's press release clearly stated: "To remedy the alleged unfair labor practices, the Acting General Counsel seeks an order that would require Boeing to maintain the second production line in Washington state. The complaint does not seek closure of the South Carolina facility, nor does it prohibit Boeing from assembling planes there." That may seem like splitting hairs given the economics involved, but Nocera and others are wrong to say that the NLRB is trying to take jobs away from a certain area. If Boeing wants to keep future work in SC, it can. Besides, the reality is that if Boeing were to lose, the likely result would be to pay the Washington workers backpay (and maybe some frontpay) in lieu of moving the work.

  • August 2, 2011

    by Jeremy Leaming

    A group of law professors and labor experts are bringing more attention to the ongoing efforts of House Republicans, and right-wing activists, to hobble the National Labor Relations Board (NLRB) and scuttle its complaint that Boeing violated a provision of the National Labor Relations Act (NLRA). The NLRB says Boeing violated federal law when it moved production of its 787 Dreamliner jet from its Washington State plant to South Carolina in retaliation against workers who had exercised their right to strike.

    As noted here, lawmakers in the House have also pushed a bill that would gut the NLRB’s ability to hold corporations accountable for trampling workers’ rights, and specifically nullify the complaint lodged against Boeing. That complaint is now being considered by an administrative law judge in Seattle. The judge tossed aside Boeing’s motion to dismiss the case in June.

    Rep. Darrell Issa (R-Calif.), chair of the House Oversight and Government Reform Committee, has also pressured the NLRB over its legal action against Boeing. The Hill reported last month on a letter Rep. Issa sent to NLRB Acting General Counsel Lafe Solomon requesting documents related to the case.

    Recently more than 30 legal and labor policy experts in a letter to Issa urged him to back off.

    “As national legal and labor policy experts, we are gravely concerned by the undue pressure that this letter, and its threats to compel disclosure of privileged documents, have placed on an independent law enforcement agency.

    “We are particularly concerned,” the professors’ letter continues, “because the documents at issue relate to a case currently being tried before an Administrative Law Judge in Seattle, Washington. We therefore strongly urge the Committee to let this case proceed according to the policies established in the National Labor Relations Act without further interference.”  

    The letter concludes, “In our view, independent federal law enforcers must be protected from undue interference by Congress. If the Committee continues to inappropriately interfere in this process, these serious charges of illegal behavior may never be properly adjudicated, thereby denying both parties the opportunity to tell their full story. Such a result would jeopardize our long-held democratic principles and respect for the rule of law.

    Law professors Ellen Dannin and Ann C. Hodges, who joined the letter, have provided ACSblog with guest posts about the political interference with the NLRB’s complaint against Boeing. In her post, Hodges explains why the NLRB’s complaint “does not justify Congressional intervention in the legal process of an ongoing case, an appalling overreach by a coordinate branch of government.”

    Dannin, in her post, says NLRB has been transparent about the case – posting its complaint on its website and “memoranda summarizing the facts of the case and information about the investigation and trial procedure. Despite this, Congressional representatives are demanding administrative capital punishment for the NLRB’s ‘crime’ of doing its job.”

  • July 27, 2011

    by Jeremy Leaming

    Earlier this year Columbia University Business School professor Joseph E. Stiglitz examined, in sharp and incredibly disheartening detail, the efforts of America’s super wealthy to protect their lavish lifestyles at a great cost to the rest of the nation.

    The professor noted that the nation’s top 1 percent have seen “their incomes rise 18 percent over the past decade, those in the middle have actually seen their incomes fall. All the growth in the recent decades – and more – has gone to those at the top. In terms of income equality, America lags behind any country in the old, ossified Europe that President George W. Bush used to deride. Among our closest counterparts are Russia with its oligarchs and Iran.”

    And the country's wealthiest, Stiglitz continued, have seriously lost touch with “ordinary people,” and are striving to ensure that the federal government does not do anything to change the way things are. (The tired debate over nation’s debt-ceiling and an accompanying agreement to slash spending on programs for the nation’s middle class and poor reveal more evidence of that effort to hold the status quo.)

    Congress’s Tea Party-backed politicos are against any effort to raise taxes on the wealthy, and, as Rolling Stone’s Matt Taibbi points out even Democrats are joining the fight for a so-called “tax repatriation holiday,” to allow some of the nation’s largest corporations to repatriate income from overseas at a major tax-break. Economist and New York Times columnist Paul Krugman says “the idea of granting a tax holiday for corporations that repatriate income they’ve kept overseas, and on which they have avoided taxes, is one of the worst ideas I’ve heard in a long time. (And that’s saying something in these days and times.)”

  • July 21, 2011
    Video Interview

    by Jeremy Leaming

    Earlier today the House Education & the Workforce Committee approved a bill aimed at limiting the ability of the National Labor Relations Board (NLRB) to enforce federal law protecting workers’ rights.

    As noted here, the House measure is being pushed by right-wing policymakers bent on punishing the NLRB for its complaint against Boeing Corp., which alleges that the giant aerospace company moved jobs from its Washington State facility to punish workers there for striking, an activity protected by federal law.

    On the state level, governors in Wisconsin, Michigan and Ohio have enacted laws greatly undermining the ability of public sector workers to engage in activity to protect their rights. Kerry Korpi, director of research and collective bargaining services for AFSCME, talked with ACSblog about the Right’s efforts to advance corporate interests, while hobbling the rights of workers.

    The governors of those states say they are facing out-of-control deficits and therefore public sector workers’ benefits and rights must be slashed. Korpi said that’s a smokescreen for an ideological agenda.

    “There are budget problems in all of these states,” Korpi said. “All the governors you mention are making them worse by cutting taxes further on corporations and the rich, and then using that as justification for cutting middle-class jobs, cutting programs to the elderly and the poor. In Wisconsin, for example, Scott Walker said he had to cut collective bargaining rights to get costs in control … he wanted to increase our members’ contributions to pensions and health insurance. Our union there agreed to both of these things, but we are not going to give up our right to bargain, and he said ‘thanks, but no thanks;’ he has not sat down with us once.

    “So it is not about the budget,” Korpi continued. “It’s about an ideological effort to get rid of folks who oppose them. And it’s not just unions they are going after, it’s young voters, it’s minority voters, it’s an effort to crystallize power in a way that other people can never take it back again.”

    Watch Korpi’s full interview below or by visiting blip.tv here. The interview is also available as a video podcast.