Wednesday, October 26, 2016

Government Sides With Unions Over Businesses — Again

If you don't show up for work and are permanently replaced can your employer get in trouble? According to the general counsel of the National Labor Relations Board (NLRB), the answer is yes.

In a case currently pending before the NLRB, General Counsel Richard F. Griffin Jr. is asking for yet another round of restrictions on how employers do business. Not content to be simply meddling with employer handbooks, how they control their email systems, and trying to turn every employer in the land into joint employers, he is now trying to make it impossible for employers to hire permanent replacement employees when employees go on strike.

There is a common sense rule that an employer may replace employees who refuse to show up to work. This has some limitations, but generally permanent replacement employees may be hired to do the work of those who go on strike.

In the case at issue here, the administrative law judge found that because the employer did not tell the union that permanent replacement employees would be hired until after all the positions of the strikers had been filled, the employer acted with an illicit motive, an "independent unlawful purpose." That the union would not realize this is unimaginable.

The judge also pointed to a "Non-Union Philosophy" that the employer had in its handbook, which simply states that the employer will use legal methods "to prevent any outside, third party, who is potentially adversarial, such as a union from intervening or interrupting the one-on-one communications or operational freedoms that we currently enjoy with our associates." An employer's desire to be union-free is something that is well within their rights, but this was apparently interpreted by the judge as evidence of an illegal purpose.

After the striking employers were replaced, the employees all got together and decided that they no longer wanted to be represented by a union. After notifying the employer of this, the employer withdrew recognition of the union as the representative of the employees. It likely did this because it would generally be unlawful for an employer to bargain with a union unless that union is in fact the representative of the employees.

As argued for by Griffin, the judge found that the employer violated the law in both hiring permanent replacement employees and then listening to the employees when they decided that they didn't want a union.

The general counsel's flippant disregard of the need for employers to be able to maintain operations, and for that for employees who express a desire for anything other than forced collective bargaining is on full display here.

Griffin has asked the Board to overrule existing precedent and to hold that the hiring of permanent replacement employees is inherently destructive of the right to strike. He also desires a requirement that an employer must furnish a "substantial business justification that outweighs the harm to employee rights."

The notion here is founded upon a belief that permanently replacement being "inherently destructive," "bears 'its own indicia' of unlawful intent." What the General Counsel is saying is that the employer is presumed guilty of violating the law and that the burden is first upon them to prove otherwise. This would make the hiring of replacement employees next to impossible to legally accomplish.

The matter has been briefed and we are now awaiting a decision from the Board. Given the Board's current composition, a decision that favors the union is likely. As the Board currently has two of its five member positions open, the nominees to the Board from the next president will either shift the Board back to the center, or further cement the current rampage against anything that looks favorable to employers. Let us hope that it is the former.



Crooked Hillary

Months before WikiLeaks began the drip of emails currently being published from email accounts of various members of Hillary Clinton’s campaign staff and Leftmedia enablers, a Rasmussen poll revealed most think the former secretary of state should be indicted criminally by the FBI. Back in July this year, when Director James Comey demonstrated he’s a “dirty cop” by abandoning all protocol in handling the Clinton bathroom closet server and the handling of classified government material, it was clearer than ever that powerful people like Clinton receive preferential treatment when they break the law.

So for those who still believe in justice and law enforcement, not just the arbitrary application of the law under this banana republic administration, we provide a roundup of the latest Hillary evidence. Not only have the Obama Justice Department and FBI been politicized to protect certain anointed folks on the Left, but the existence of true journalism is now extinct with nothing more than a complicit, sold-out gaggle of communications mouth-pieces running behind their masters. Thus, it’s likely some of this information from the 17,000 leaked communications is truly “news” to you.

First, Clinton not only took money from foreign interests that harbor terrorists and are often at cross-purposes with our nation, but Hillary’s campaign mobilized lobbyists as money bundlers who also work for Colombia, Iraq, Azerbaijan, Egypt and Libya, just to mention a few governments. Hillary’s team debated ending this practice and pursuing ethics in fundraising, but wondered “how much money we’re throwing away.” Robby Mook, Clinton’s campaign manager, won out, saying, “I’m ok just taking the money and dealing with any attacks.”

Yeah, never let any worry about the appearance or the actual acts of illegality slow the flow of campaign cash. Hillary’s an equal opportunity broker to sell out America and our own interests.

Over the weekend, Mook was dismissive: “There’s never been any evidence of any pay-to-play [at the Clinton Foundation] at all.” Destroying evidence is not the same as there not being any.

Second, the team whose slogan is “I’m With Her” certainly learned quickly from their master. In May 2016 emails, a fake job posting for the Trump organization told interested applicants of the job requirements: no weight gain, open “public humiliation” if one does gain weight, a proficiency in lying about age and the willingness to evaluate co-workers' “hotness” for the “boss’s gratification.” The ad concludes with the warning that the boss, obviously Trump, “may greet you with a kiss on the lips or grope you under the meeting table.”

Remember, the fake job posting was referenced in emails five months before any of those allegations were made. Interesting choice of words, in light of the sudden parade of Trump accusers using much of the exact same disgusting language.

Other emails disclosed not only the advanced sharing of at least one question in a town hall meeting during this debate cycle by CNN-contracted pundit Donna Brazile directly to Hillary, but communications openly brag about the collusion with what we call the presstitutes. An email dating back to the original Hillary for President campaign in 2007 from director Tom Mattzie to John Podesta reveals the Clinton cult was planting questions among these parrots of the media “testing expected attacks by Republicans” to gauge public opinion.

Of several other areas of revelation, two remain that should continue to cause any voter to abandon this stranger to the truth, Hillary Clinton.

On quite a few issues, Hillary is simply dishonest, at best. Emails leaked have included just a few nuggets showing that:

Madame Secretary believes Saudi Arabia and Qatar are funding the Islamic State. That didn’t stop her accepting contributions.
Both Bill and Hill were “supporters” of the Defense of Marriage Act until it became for more politically beneficial to change course.

There’s an acknowledgement even among liberal economists that a $15/hour minimum wage “would result in job loss,” but Hillary supports it anyway because she needs Bernie Sanders' voters.
Hillary’s previous opposition to legalization of marijuana needs “a scrub” to match her much-needed audience of Millennials.

One final theme of WikiLeaks emails involves Barack Obama. Recently, the documents show that not only is Hillary a liar but so is Obama. Despite the outgoing president’s ridiculous declaration that he learned of Hillary’s private server and email only through news reports, he had been regularly in exchange with Hillary in her official capacity as secretary of state on her homebrew server. The U.S. president participated in misconduct with Hillary Clinton, period, and then he lied about it.

Back in 2008, the Clinton campaign organized meetings and lawyers due to the belief that “the Obama forces flooded the caucuses with ineligible voters.” Yes, these are the same despicable politicians hyperventilating at the possibility the Trump campaign might challenge their traditions of voter fraud regularly employed by Democrats.

But the emails involving Barack Obama in the 2008 presidential race show exactly where much of the “oppositional research” originated that this president and the Democrats want to blame on the Republicans. Here’s a quick sampling:

Obama would personally negotiate with leaders of terrorist nations like Iran and North Korea without preconditions
Obama’s father was a Muslim and Obama grew up among Muslims in the world’s most populous Islamic country

Obama supports giving drivers licenses to undocumented immigrants
Obama described his former use of cocaine as using “a little blow.”

There’s surely more — it is the Clintons, after all. But no matter what comes out about her security lapses or corruption, Hillary Clinton is always going to first blame the Russians and then lie about everything.



Creepy clown gets some well-deserved treatment

A clown has been run over by a group of teenagers after the creepy masked prankster knocked one of them to the ground with a wooden plank.

In a shocking video uploaded to Facebook on Friday the Australian teenager is seen confronting the clown, who whacks him over the head with a wooden object.

In a panic one of the victim's friends drives their car straight into the clown.

The teenagers had been driving around for hours looking for clowns, when at midnight they heard word of one lurking near an old factory.

They spot the clown brandishing a wooden plank, and one of the teenagers decides to get out of the car to talk to them.

'Oh s*** hes got a stick,' one of the boys says. 'What's he gonna do?' says the teenager as he walks closer to the clown.

The clown then lifts the stick and hits the boy across the face.

He falls to the ground and in a crazed panic the victim's friend drives into the clown.

The video ends as the teens walk up to the clown, who they find lying in a pool of blood.



For more blog postings from me, see  TONGUE-TIED, EDUCATION WATCH INTERNATIONAL, GREENIE WATCH,  POLITICAL CORRECTNESS WATCH, AUSTRALIAN POLITICS, and Paralipomena (Occasionally updated),  a Coral reef compendium and an IQ compendium. (Both updated as news items come in).  GUN WATCH is now mainly put together by Dean Weingarten. I also put up occasional updates on my Personal blog and each day I gather together my most substantial current writings on A WESTERN HEART.

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