George Will: Labor board at schoolhouse door

Register
May 24, 2013

Early in an opinion issued recently by a unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, Judge Raymond Randolph says: “Although the parties have not raised it, one issue needs to be resolved before we turn to the merits of the case.”

The issue he raised but could not resolve — that is up to the Supreme Court — illuminates the Obama administration’s George Wallace-like lawlessness. It also demonstrates the judiciary’s duty to restrain presidents who forget the oath they swear to “preserve, protect and defend the Constitution.”

The appeals court was deciding whether the National Labor Relations Board has the power to issue the rule requiring about 6 million private-sector employers to post notices informing workers of their right to join a union. Failure to post the notice would be, the NLRB says, an “unfair labor practice,” equivalent to interfering with, restraining or coercing employees. 

The regulation of speech about unionization has been tightly restricted for many decades. In 1947, Congress amended the National Labor Relations Act with this: “The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this (act), if such expression contains no threat of reprisal or force or promise of benefit.”

The Supreme Court had already held that employers have First Amendment free speech rights to engage in non-coercive speech about unionization.

In the recent case, the NLRB argued that the required posting is its own speech, not the speech of any employer. The appeals court disagreed, and cited some “firmly established principles” of free-speech law, including “the right to decide not to disseminate” the speech of others.

 

Comments

Pete

Another piece in the Register demonstrating how the Messiah has failed.

Stand by for...
"But he is a Constitutional lawyer who studied at Harvard!"

And the walls, keep tumbling down!

coasterfan

Nope. Will's article is an OPINION piece, not a news item. Will is an excellent writer, but obviously leans ultra-conservative. Kind of cool that the SR printed it - guess they are more fair and balanced than some think, huh...

Contango

The U.S. is fast becoming based on the socialist European model of economic and social failure:

Faceless, unelected and well compensated career bureaucrats run the day-to-day operations of the govt., while temporary elected politicians are increasingly ineffective.

If the ECB wants to confiscate Cypriote savings accounts to make bondholders whole - so be it.

If the NLRB wants to tell corps. who, where and how to hire - get over it.

If the IRS wants to run roughshod over people's First Amend. rights - what are YOU gonna do about it?

IOW: Vote for whomever and whatever party you want - IT DOESN'T MATTER!

Sleep tight, knowing drone-like bureaucrats in alphabet soup agencies are REALLY in charge.

coasterfan

Actually, your comparison is bass-ackwards. The European economic problems are a prime example of how the austerity policies (read: Sequester) pushed by the GOP during the last year do NOT work. Obama and Democrats are supporting an exact opposite economic plan.

What is it with Republicans, today? Heck, even George Bush realized that during a recession, you need Economic Stimulus to get the economy moving again, which is why he introduced Stimulus #1, before #2 came under Obama.

Question, Dear Contango: do you have a problem with faceless, unelected and well-compensated company CEOs who earn an average of 420 times as much as the rank and file workers who work under the heel of their boots? Just sayin'...

Contango

@ coasterfan:

Can obviously see that you DIDN'T teach any subject even closely resembling economic history. Perhaps you taught basket weaving or floral arrangement?

Examples of bureaucratic inefficiency like the USSR collapsed because of military adventurism and bad economic policies, not unlike those being fostered by the likes of Pres. Obama and his fellow merry socialists.

Ya can't spend your way to prosperity! Get out your credit cards and try it. Nations like individuals DO GO BROKE (watch Argentina - they're cannibalizing their future).

Even China is moving from statism to capitalism; the U.S. is headed in the opposite direction.

Regarding highly paid CEOs:

If the co. is profitable, pay 'em whatever the market will bear.

Think about this: In what and where is your retirement money invested? Why?

Funny, when I comment on your post and ask you questions, you're MIA. Why is that?

The Big Dog's back

I guess since GWB instituted Fascism back in this country, anything less is Socialism to you.

Contango

Try FDR and his New Deal - Mussolini was VERY complimentary of his work.

KURTje

Yawn. This is drivel & most know it. Too many want the world their way. You just have to deal with it. It is called life.

Kimo

what kURT said

coasterfan

I concur. I just wish some would stop whining about Obama, as if he is the Anti-Christ/Hitler. He's been in office 5+ years, and guess what: the world didn't come "to an end as we know it", as many of the conservative pundits promised it would. For amusement, I listen to conservative talk radio somewhat often, and the stuff they say is just "out there". It's like Bill Maher says, they live in a bubble in which facts don't get in, an alternate world that bears little in common with the world the rest of us see. The truth? We survived 8 years of Bush, so we can survive ANYTHING.

Contango

coasterfan writes:

"He's been in office 5+ years, and guess what: the world didn't come "to an end as we know it", as many of the conservative pundits promised it would."

Thanks to the QE and ZIRP policies of Mr. Bernanke.

Pres. Obama is the SYMPTOM - NOT the disease of socialism. Also, his term ends in 3 yrs., don't get too comfortable.

Good to read that you take your shallow political and economic thought from comedians. :)

Going forward it's the entitlement programs that will eat up most of the federal budget. We can't tax and spend our way outa the hole.

The Big Dog's back

Same old same old from you. Funny how we keep passing these barriers that you and your ilk put up.

Contango

"We"? Unless you're a well compensated govt. bureaucrat you're a prol. :)

Enjoy your welfare crumbs, Cupcake.