Vin Petrini couldn't have said it better!
"All the cases that we've decided have been well reasoned,"
Mr. Battista said. "They're certainly consistent with the act. I wouldn't
characterize them as pro-business or pro-union. I'd like to say they're
pro-employee."
The board's defenders say it is merely continuing a long tradition
of swinging back and forth: toward management when a Republican is in the White
House and toward labor during Democratic presidencies.
"After eight years of
a liberal Clinton board and an extremely liberal general counsel, there is of
course going to be some turning back toward a conservative agenda," said Randel
Johnson, vice president for labor, immigration and employee benefits at the
United States Chamber of Commerce. "The board has turned a corner here, but it's
not a wholesale reversal of the case law in favor of the business
community."
Several recent board decisions, Mr. Johnson pointed out, have
reversed Clinton-era rulings that overturned precedents set by Republican
boards. In a case involving I.B.M., the board voted 3 to 2 to overturn a Clinton
board ruling that gave nonunion workers the right to have a colleague accompany
them to investigative or disciplinary meetings with supervisors. The Clinton-era
ruling was a reversal of a 1980's decision.
In a case involving Brown
University, the board reversed a Clinton-era ruling involving New York
University - a reversal of a 1970's decision - that gave graduate student
teaching assistants the right to unionize.
Mr. Battista said, "What we did
restores the precedent that has been time-honored and had never been overturned
by a court or by Congressional action."
The bush administration: slowly turning the clock back on workers' rights to the 1800s, one dceade at a time, and damn proud of it.
Wait - what happened to the Bush Administration's crusade against an activist judiciary which throws out precedent in favor of politics? Oh wait, "reality based-community." I remember now. How silly of me.But the board's Democratic members vigorously objected. "The
issues raised by the petitioners were settled 40 years ago," they wrote. "To
revisit it serves no purpose but to undermine a principle that has been endorsed
time and again by the board and the courts."
***
Charles Craver, a professor of labor law at George Washington
University, said the board's conservative tilt would hurt unions, but less so
than the conservative tilt of the federal judiciary, which he said was
increasingly unfriendly to labor.
"I think we have a labor board as
conservative as any time since the Reagan board," Professor Craver said. "It
really troubles me because we're revisiting a lot of cases that have been fairly
well settled."
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