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BNA Highlights [bhighlig@bna.com]

Thursday, April 28, 2011 10:40 PM

Abruzzo, Jennifer

Apr. 28 -- BNA, Inc. Daily Labor Report

E-mail not displaying correctly? View publication in your browser: http://news.bna.com/dlln

Thursday, April 28, 2011 · Number 82

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

FLSA

Agencies

Sixth Circuit Rejects DOL Child Labor Claims,

States

Finds Vocational Students Weren't Employees

Courts/Tribunals

A district court acted properly in declining to follow Labor

Department guidelines distinguishing students from employees

and concluding that vocational students who spent half of their

school day in "wholesome" work activities...

Federal Statutes

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

Airlines

NMB Ruling Sets Stage for Ramp Workers

At United Continental to Choose Single Union

NLRB Summaries

Wage Trend Indicator

Calendar of Events

The merged United and Continental airlines have sufficiently

integrated their operations to form a single transportation

system for representation purposes for fleet service workers,

the National Mediation Board said April 28 (In re Application...

Employee Benefits

EBSA Seeks Comments on Expanding Online Form

The Department of Labor's Employee Benefits Security

Administration is requesting comments on a proposal to expand

the information collected when retirement and health plan

participants contact the agency online seeking help in

understanding...

ERISA

District Court Approves ‘Stock-Drop' Settlement

The U.S. District Court for the Western District of Washington

granted final approval April 26 to a $750,000 settlement that

ends an Employee Retirement Income Security Act "stock-drop"

lawsuit that alleged the fiduciaries of an...

Federal Employees

CRS Reports on Federal Workforce Trends,

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Notes Increase in Size, Demographic Changes

Noting the importance of understanding the federal workforce,

the Congressional Research Service April 19 issued a report that

said the number of federal employees is increasing, but the

number of federal contractors appears to be increasing...

Health Care

EBRI Releases Report on Policy Forum

On Employer-Provided Health Care Benefits

Adoption of consumer-directed, high-deductible health plans is

accelerating, the Employee Benefit Research Institute said April

26 in a report summarizing a 2010 EBRI policy forum on

employer-provided health care benefits....

Hotels

UNITE HERE Members OK Starwood Pacts

With Hotels in Chicago, San Francisco

Members of UNITE HERE Local 1 in Chicago and Local 2 in San

Francisco are working under a new contract with Starwood

Hotels and Resorts Worldwide Inc. covering about 4,200 hotel

employees, reached after 20 months of negotiations,

spokeswomen...

Immigration

DOL Issues Protocols for Certifying

U Visa Applications for Crime Victims

The Labor Department April 28 announced new protocols the

Wage and Hour Division will follow to determine whether to

certify that a U visa applicant was a victim of a qualifying crime

and is willing to help cooperate with law enforcement in the...

Mining

Black Lung Increasing Among Coal Miners,

NIOSH Reports in Scientific Literature Review

The incidence of pneumoconiosis among coal workers is rising,

and miners are developing the lung disease at relatively young

ages, the National Institute for Occupational Safety and Health

reported in a scientific literature review April...

NLRB

Nine State Attorneys General Join in Protest

Of Boeing Unfair Labor Practice Complaint

The attorneys general of nine states April 28 sent a letter to

National Labor Relations Board Acting General Counsel Lafe E.

Solomon asserting that his approval of an unfair labor practice

complaint challenging Boeing Co.'s decision...

Pay Equity

Administration Marks Equal Pay Day

With Informational Sessions at EEOC

The Equal Employment Opportunity Commission April 28 hosted

panel discussions by government officials and private sector

representatives on efforts to enforce federal laws prohibiting sex

discrimination in pay, as the Obama administration...

Safety & Health
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DOT Proposed Rule Would Ban Cell Phones

For Drivers Transporting Hazardous Materials

The Transportation Department's Pipeline and Hazardous

Materials Safety Administration is proposing to ban mobile

phone use by drivers of trucks carrying hazardous materials in

intrastate commerce, and to prohibit employers from...

Safety & Health

Grain Elevator Safety Infractions Now Qualify

For Severe Violator Sanctions, OSHA Says

Grain handling operations such as storage silos are the latest

industry covered by the Labor Department's Occupational

Safety and Health Administration's Severe Violator Enforcement

Program (SVEP), making those businesses...

Safety & Health

Indiana, Hawaii OSHA Cite Hyatt Hotels

For Hazards, but Not Ergonomic Violations

Hyatt hotels in Indiana and Hawaii were cited in April by the

occupational safety and health agencies in those states for

serious safety violations, but not for ergonomic issues, after

inspections were conducted in response to a multicity...

Safety & Health

Officials Mark Workers' Memorial Day,

Celebrate 40th Anniversary of OSHA

President Obama and senior administration officials marked

both Workers' Memorial Day and the 40th anniversary of the

Labor Department's Occupational Safety and Health

Administration with a series of events and public remarks...

Safety & Health

Texas Bakery Firm Faces $229,400 in Fines

For Alleged Safety Violations at Two Facilities

HOUSTON—A Texas food manufacturer has been cited for 49

alleged safety violations at two plants and faces proposed

penalties of $229,400 following multiple inspections initiated

after a fingertip amputation on a pie processing line,...

State Laws

Indiana Governor Signs Bill Limiting

Teachers' Collective Bargaining Rights

LANSING, Mich.—Indiana Gov. Mitch Daniels (R) April 20 signed

legislation (S.B. 575) that curtails teachers' collective

bargaining rights, sets limits on the number of teachers that

may sit on decisionmaking committees, and...

No Unemployment Benefits for Nurse Fired for Cell Phone

Use, Court Says

A registered nurse in Pennsylvania who was fired for using her

cell phone to make a Facebook posting while distributing

medication to patients is ineligible to receive unemployment

compensation benefits, a state court in Pennsylvania ruled...

ALSO IN THE COURTS
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Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

CONFERENCE REPORT

Immigration

High Court Ruling on Employer Sanctions

Not Likely to Impact Arizona's S.B. 1070

It is possible the U.S. Supreme Court may resolve a case

challenging the Arizona employer sanctions law so narrowly as

to have little impact on other immigration cases making their

way through the judicial system, including a case challenging...

Immigration

State Legislatures Increasingly Taking Lead

On Immigration Through Comprehensive Bills

State legislatures are taking the lead on immigration policy,

introducing comprehensive bills that "represent a significant

break" with past federal domination of the immigration debate,

speakers said April 26 at an immigration...

ECONOMIC NEWS

GDP

Economic Growth Slowed to 1.8 Percent

In First Quarter, as Spending Weakened

Economic growth slowed sharply in the first three months of the

year, as the nation's real gross domestic product expanded 1.8

percent at a seasonally adjusted annual rate, down from a 3.1

percent gain in the fourth quarter of 2010, according...

Unemployment Insurance

Initial UI Claims Rise 25,000

To 429,000 in Week Ended April 23

New claims filed for unemployment insurance increased 25,000

to a seasonally adjusted total of 429,000 in the week ended

April 23, according to data released April 28 by the Labor

Department's Employment and Training Administration....

This e-mail is part of your subscription to Daily Labor Report® (ISSN 1522-

5968), which is published on the Web daily by The Bureau of National Affairs,

Inc., 1801 S. Bell Street, Arlington, VA 22202.

To change your e-mail preferences, click on the "Sign-Up For or Modify E-Mail

Preferences" under the Getting Started heading on your product's home page.

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and other inquiries, contact your local BNA Representative or call BNA Customer

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Relations at 800-372-1033, Mon. - Fri. 8:30 am - 7:00 pm (ET), excluding most

federal holidays.

Copyright (c) 2011 by The Bureau of National Affairs, Inc., 1801 S. Bell Street,

Arlington, VA 22202. Use of this service is subject to the terms and conditions of

the license agreement with BNA. Unauthorized access or distribution is

prohibited.

5

NLRB-FOIA-00000518

Microsoft Outlook

BNA Highlights [bhighlig@bna.com]

Tuesday, May 03, 2011 4:56 PM

Abruzzo, Jennifer

May 3 -- BNA, Inc. Daily Labor Report - Latest Developments

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Latest Developments

GOP Senators Blast NLRB Boeing Complaint, Call for Acting General Counsel's

Explanation

Posted May 3, 2011, 3:54 P.M. ET

The 10 Republican senators on the Senate Health, Education, Labor, and Pensions

Committee told the National Labor Relations Board's Acting General Counsel Lafe E. Solomon

today that they “strongly disagree” with his decision to issue an unfair labor practice

complaint alleging that Boeing Co. illegally transferred airliner production from Washington

to South Carolina, and they will expect a “greater explanation” of the action when Solomon's

nomination to become general counsel is taken up by the committee.

In a letter to the acting general counsel signed by Ranking Member Michael B. Enzi (R-Wyo.)

and the other nine Republicans on the committee, the senators said they question the “legal

reasoning and motive behind the complaint” and the “chilling effect” that the case “may have

on business decisions across the country.”

The senators acknowledged that the NLRB proceeding against Boeing “is still in the early

stages,” but said “there is a need for the Board to explain the reasoning in this case to

Congress.”

A hearing before an NLRB administrative law judge currently is scheduled to begin June 14.

A full report will appear in the next issue of Daily Labor Report. Click here for the latest

issue.

Ninth Circuit Rules SOX Does Not Protect Boeing Auditors' Disclosures to

Newspaper

Posted May 3, 2011, 3:56 P.M. ET

Two information technology auditors for Boeing Co. who were fired for providing internal

company information and documents to a newspaper reporter cannot proceed with

whistleblower claims under the Sarbanes-Oxley Act because the statute does not protect

disclosures to the media, the U.S. Court of Appeals for the Ninth Circuit ruled today (Tides v.

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NLRB-FOIA-00000519

Boeing Co., 9th Cir., No. 10-35238, 5/3/11).

Affirming summary judgment to Boeing, the Ninth Circuit said SOX, at 18 U.S.C. §

1514A(a)(1), specifically enumerate only three categories of recipients to whom employees

of publicly traded companies may report conduct they believe constitutes fraud or a

securities violation: federal regulatory and law enforcement agencies, members of Congress,

and employee supervisors. “Members of the media are not included,” the court said.

If Congress had intended to protect employee reports to the media, it would have added the

media as a recipient category, the court said. Alternatively, it said, Congress could have

drafted Section 1514A(a)(1) in a similar fashion to the Whistleblower Protection Act, which

protects “any disclosure” of specified information without limiting the recipients of such

information.

In so ruling, the Ninth Circuit rejected the employees' argument that reports to the media

“may eventually ‘cause information to be provided' to members of Congress or federal law

enforcement or regulatory agencies.”

Adopting such a “boundless interpretation” of SOX would mean that “virtually any disclosure

to any person or entity would qualify as protected whistleblower activity, provided the

information pertains to one of the stautorily-defined categories of unlawful conduct,” the

court said. “We decline to afford such an expansive meaning to the statutory language.”

Judge Barry G. Silverman wrote the opinion of the court, joined by Judges Andrew J.

Kleinfeld and A. Wallace Tashima.

A full report will appear in the next issue of Daily Labor Report. Click here for the latest

issue.

Administrator Only Required to Look at Plan in Denying Benefit Claim, Sixth Circuit

Says

Posted May 3, 2011, 4:46 P.M. ET

The plan administrator for a transportation union's income protection program did not act

arbitrarily and capriciously in violation of the Employee Retirement Income Security Act when

it denied income replacement benefits to a plan participant who was fired from his job for

insubordination, the U.S. Court of Appeals for the Sixth Circuit ruled today (Farhner v. United

Transp. Union Discipline Income Prot. Program, 6th Cir., No. 09-4431, 5/3/11).

Affirming a lower court decision, the Sixth Circuit found that the express language of the

United Transportation Union Discipline Income Protection Program (DIPP) supported the

benefit denial. Under the plan, participants are ineligible for benefits if they have been

suspended or discharged for certain behavior, including insubordination.

In a decision by Judge Curtis L. Collier, the court rejected the participant's argument that the

administrator should have looked beyond the terms of the plan to consider whether his

discharge was proper. The court said the plan administrator was not required to look beyond

the plan language as it was unambiguous and did not require the administrator to do so.

The case involved Mark Farhner, a trackman and conductor for Kansas City Southern Railway

who was fired for insubordination during a dispute over whether he was entitled to take

medical leave under the Family and Medical Leave Act. His claim for DIPP benefits from the

union was denied under a plan exclusion barring benefits for employment discharges

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NLRB-FOIA-00000520

resulting from insubordination. He sued the DIPP plan, claiming violation of ERISA.

A full report will appear in the next issue of Daily Labor Report. Click here for the latest

issue.

Divided Court Revives State Law Age Bias Claim of RIF'd Employee

Posted May 3, 2011, 3:58 P.M. ET

A graphic artist terminated at age 57 during a reduction in force by a packaging company

raised a triable age discrimination claim under Missouri state law even though he has no

federal Age Discrimination in Employment Act claim, a divided U.S. Court of Appeals for the

Eighth Circuit ruled May 2 (Clark v. Matthews Int'l Corp., 8th Cir., No. 10-1037, 5/2/11).

In a 2-1 decision, an Eighth Circuit panel granted Matthews International Corp.'s petition to

rehear Eddy Clark's claim under the Missouri Human Rights Act, which the appeals panel

earlier had ordered dismissed without prejudice in its December 2010 decision affirming that

Clark lacked a triable age discrimination claim under the ADEA. A federal district court had

granted Matthews summary judgment on the state law age bias claim as well.

But rather than affirm summary judgment on the MHRA claim, the Eighth Circuit majority

ruled that Clark's evidence presents a jury issue of age discrimination under state law, which

requires plaintiffs to show age was a “contributing factor” in an adverse employment action.

In contrast, the U.S. Supreme Court has interpreted the federal ADEA to require that

plaintiffs show age was the “but for” cause or determining factor in an adverse action.

Although Clark lacks a triable ADEA claim, “it does not necessarily follow from this conclusion

that Clark's evidence does not create a triable issue of fact regarding whether Clark's age

contributed to the adverse employment actions taken against him for purposes of the

MHRA,” Judge Michael J. Melloy wrote for the majority. “On this record, we could not say that

it would be unreasonable for a jury to conclude that Clark's age played a part in producing

the adverse employment actions he alleges.”

In dissent, Judge Steven M. Colloton observed “there is considerable irony” in the court's

granting Matthews's petition to reconsider the state law issue over Clark's opposition and

then ruling that the employer must stand trial under the MHRA. The dissent would hold that

the Eighth Circuit got it right the first time when it declined supplemental jurisdiction over

the MHRA claim, leaving it up to Clark whether to pursue the matter in state court. Even

assuming the federal court has jurisdiction, summary judgment was properly granted on

Clark's state law claim because his evidence does not suggest age was even a contributing

factor in the RIF decision, Colloton said.

A full report will appear in the next issue of Daily Labor Report. Click here for the latest

issue.

This e-mail is published as a supplement to Daily Labor Report® (ISSN 1522-5968) by The Bureau of National

Affairs, Inc., 1801 S. Bell Street, Arlington, VA 22202. Full reports on the contents of this e-mail will appear in the

next regular edition of Daily Labor Report®.

To change your e-mail preferences, click on the "Sign-Up For or Modify E-Mail Preferences" under the Getting

Started heading on your product's home page.

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NLRB-FOIA-00000521

Request a FREE Web trial. For subscription information, customer assistance, and other inquiries, contact your local

BNA Representative or call BNA Customer Relations at 800-372-1033, Mon. - Fri. 8:30 am - 7:00 pm (ET), excluding

most federal holidays.

Copyright (c) 2011 by The Bureau of National Affairs, Inc., 1801 S. Bell Street, Arlington, VA 22202. Use of this

service is subject to the terms and conditions of the license agreement with BNA. Unauthorized access or

distribution is prohibited.

4

NLRB-FOIA-00000522

Microsoft Outlook

From:

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Subject:

BNA Highlights [bhighlig@bna.com]

W ednesday, May 04, 2011 5:30 PM

Abruzzo, Jennifer

May 4 -- BNA, Inc. Daily Labor Report - Latest Developments

E-mail not displaying correctly? View publication in your browser: http://news.bna.com/dlln

Latest Developments

Boeing Complains of Misstatements by NLRB, Denies ‘Transferring' Work to South

Carolina

Posted May 4, 2011, 5:02 P.M. ET

Boeing Co.'s top lawyer, Executive Vice President and General Counsel J. Michael Luttig,

charged in a May 3 letter that National Labor Relations Board Acting General Counsel Lafe E.

Solomon and NLRB officials have mischaracterized the company's decision to build some of

its 787 Dreamliner airplanes in South Carolina as an unlawful “transfer” of work performed

by Washington state employees represented by the International Association of Machinists.

Solomon authorized an April 20 complaint alleging that Boeing illegally transferred some of

the planned assembly of its Dreamliners to South Carolina because employees at Boeing's

Puget Sound facilities supported lawful IAM strikes against the company (77 DLR AA-1,

4/21/11).

But Luttig argued in a letter to the acting general counsel that South Carolina workers will be

handling only “new work” needed to meet “historic demand” for the jetliner, which has not

yet gone into production.

Asserting that “no work—none at all—was ‘removed' or ‘transferred' from Puget Sound,” the

Boeing lawyer insisted that the company's creation of jobs in South Carolina has not

adversely affected any union-represented employee. He argued that the NLRB complaint

mischaracterized statements by Boeing officials in support of its allegation that the

company's building a second assembly line in South Carolina was improperly motivated by

the lawful union activity of its Puget Sound employees.

A full report will appear in the next issue of Daily Labor Report. Click here for the latest

issue.

Solis Touts FY 2012 Budget Request Before Senate Subcommittee Hearing

Posted May 4, 2011, 5:19 P.M. ET

The administration's fiscal year 2012 budget request for the Labor Department would provide

targeted investments to help place workers in jobs, prepare workers with job skills, and
1

NLRB-FOIA-00000523

ensure an equitable labor market for firms and workers, Labor Secretary Hilda Solis told a

Senate panel today.

Speaking before a Senate Appropriations Committee's subcommittee, Solis told lawmakers

that proposed $12.8 billion in discretionary funding would achieve the goal of “good jobs for

everyone.”

Ranking member Richard Shelby (R-Ala.) criticized the administration's request that cuts

discretionary spending by 5 percent compared to FY 2010 levels.

“While the Department of Labor should be recognized for cutting spending, a feat not

accomplished by every department in FY 2012, I do not believe a 5 percent reduction within

the Department of Labor goes far enough,” Shelby said. “In this difficult economic

environment, we need to cut spending today.”

A full report will appear in the next issue of Daily Labor Report. Click here for the latest

issue.

Many Workers Use Social Networking Sites in Job Hunt

Posted May 4, 2011, 5:04 P.M. ET

Although just 1 percent of U.S. workers found their latest jobs through social media

websites, 22 percent are using such sites in their job hunt, according to survey results

released today by Kelly Services.

At the same time, many workers are apprehensive about potential career fallout from

personal content on social networking sites and report that their employers have policies

restricting their use at work, the Troy, Mich.-based temporary staffing and consulting firm

said.

“There is no doubt that social networking has fundamentally changed the way people search

for work and exchange information about career opportunities,” Michael Webster, executive

vice president and general manager of Kelly Services, said.

A full report will appear in the next issue of Daily Labor Report. Click here for the latest

issue.

Expansion in Services Sector Weakened in April

Posted May 4, 2011, 3:26 P.M. ET

Overall economic activity in service-providing industries expanded in April but at a slower

pace than in the prior month, the Institute for Supply Management said today.

ISM's index of activity in the nonmanufacturing sector declined to 52.8 percent seasonally

adjusted, down 4.5 percentage points from 57.3 percent in March and the lowest reading

since August 2010, the Tempe, Ariz.-based research group said. Overall, the services sector,

which accounts for about two-thirds of the U.S. economy, continued to grow last month for

the 17th consecutive month.

Anthony Nieves, chair of ISM's nonmanufacturing survey committee, said comments from

purchasing and supply managers surveyed in April showed that they “are mixed about

overall business conditions” but “are mostly positive.” At the same time, they expressed

2

NLRB-FOIA-00000524

concerns about rising fuel and other commodity costs and “the lingering uncertainty about

the economy,” he said.

A full report will appear in the next issue of Daily Labor Report. Click here for the latest

issue.

This e-mail is published as a supplement to Daily Labor Report® (ISSN 1522-5968) by The Bureau of National

Affairs, Inc., 1801 S. Bell Street, Arlington, VA 22202. Full reports on the contents of this e-mail will appear in the

next regular edition of Daily Labor Report®.

To change your e-mail preferences, click on the "Sign-Up For or Modify E-Mail Preferences" under the Getting

Started heading on your product's home page.

Request a FREE Web trial. For subscription information, customer assistance, and other inquiries, contact your local

BNA Representative or call BNA Customer Relations at 800-372-1033, Mon. - Fri. 8:30 am - 7:00 pm (ET), excluding

most federal holidays.

Copyright (c) 2011 by The Bureau of National Affairs, Inc., 1801 S. Bell Street, Arlington, VA 22202. Use of this

service is subject to the terms and conditions of the license agreement with BNA. Unauthorized access or

distribution is prohibited.

3

NLRB-FOIA-00000525

Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

Thursday, May 05, 2011 8:25 AM

Abruzzo, Jennifer; Ahearn, Richard L.; Ananthanayagam, Shanti; Arlook, Martin M.;

Baniszewski, Joseph; Barker, Joseph; Becker, Craig; Blyer, Alvin P.; Bonett Jr., Edward J.;

Boren, Dennis R.; Burton, Spence; Carlton, Peter J.; Chester, Robert W .; Christman Jr.,

Thomas J.; Cleeland, Nancy; Colwell, John F.; Cowen, W illiam B.; Dreeben, Linda J.; Eddins-

Hill, Rosalind Elaine; Englehart, Bob; Farrell, Ellen; Ferguson, John H.; Fies-Keller, Cara L.;

Figueroa, Marta; Flynn, Terence F.; Franklin, Kirk; Garza, Jose; Glasser, Stephen M.; Gold,

W ayne R.; Goldstein, Dawn; Gottschalk, Irving E.; Graham, David; Grant, Regina; Griffin, Jill;

Guest, Matt; Habenstreit, David; Hankins, Raymond; Hayes, Brian; Heinzmann, Kym;

HELTZER, LES (Hdqs); Hirozawa, Kent; Hollo, Elana R.; Hooks, Ronald K.; Howard, Deidran;

Jacob, Fred B.; James, Kathleen; Jones, Harry; Joseph, Gloria; Kane, Robert F.; Karsh,

Aaron; Katz, Judy; Kearney, Barry J.; Kelly, David A.; Kilpatrick, Elizabeth; Kinard, Martha E.;

Krafts, Andrew J.; Lee, Sydney A.; Lennie, Rachel G.; Levin, Nelson; Levitan, Daniel; Ley,

Rhonda; Lieber, Margery E.; Liebman, W ilma B.; Lightner, J. Michael; Lineback, Rik D.;

Martin, David P.; Mattina, Celeste J.; McDermott, James J.; McKinney, M. Kathleen; Mills,

Jacqueline; Moore-Duncan, Dorothy L.; Moran, Gail R.; Morgan, Terry A.; Murphy, James R.;

Ohr, Peter S.; Osthus, Marlin O.; Overstreet, Cornele; Pearce, Mark G.; Purcell, Anne G.;

Reynolds, Vanita S.; Rivchin, Julie Y.; Robinson, Miles A; Rosenberg, Joshua; Saunders, Josh

D; Schiff, Robert; Shapiro, Ken; Siegel, Richard A.; Simms, Abby; Smith, Barry F.; Solomon,

Lafe E.; Sophir, Jayme; Spector, Jennifer R.; Tellem, Elbert F.; Tendrich, Robert; Thompson,

Scott C.; Tuli, Manisha E.; W agner, Anthony R.; W illiams, Harold; Yaffe, Deborah; Zick, Lara

S.

Legal News FYI

Eastern Maine Medical Center Nurses Accept

One-Year Contract With MSNA in Close Vote

BOSTON—Members of the Maine State Nurses Association May 3 narrowly approved a one-year contract

at Eastern Maine Medical Center in Bangor that averted a second one-day strike at the hospital....

Washington Hospital Center, NNU Reach

Tentative Agreement for 1,700 RNs in D.C.

Nearly a year after a collective bargaining contract expired, the Washington Hospital Center in

Washington, D.C., and National Nurses United reached agreement late May 3 on a new contract for nearly

1,700 registered nurses, both sides announced...

New Hampshire House OKs Right-to-Work Bill

BOSTON–The New Hampshire House May 4 accepted the Senate-passed version of a right-to-work bill

(H.B. 474) and sent the measure to Gov. John Lynch (D), who has threatened to veto it....

Boeing Complains of Misstatements by NLRB,

Denies ‘Transferring' Work to South Carolina

Boeing Co.'s top lawyer, Executive Vice President and General Counsel J. Michael Luttig, charged in a May

3 letter that National Labor Relations Board Acting General Counsel Lafe E. Solomon and agency officials

have mischaracterized...

NLRB's Weekly Summary of Cases, Dated April 25-29, 2011

Commentary: NLRB rules that handbook language is enough to overturn election

Dolan Media Company – 05/04/11 21:26 –

Words matched: Labor Relations, NLRA, National Labor Relations Act

by Howard Rubin and Don Stait Dolan Media Newswires PORTLAND, OR -- Jurys Boston Hotel, as an employer, likely thought it did

everything right. Its employee handbook contained a disclaimer that advised employees that they have rights that supersede any

contrary rule in the handbook.

...the rules were not intended to infringe on employees rights under the National Labor Relations Act. But that still wasn t enough to

satisfy the...

1

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Hyatt Wants Review of Union Vote Ruling

Inside Indiana Business – 05/04/11 19:17 –

Words matched: National Labor Relations Act

Hyatt Regency Indianapolis and three of its California properties are asking the National Labor Relations Board (NLRB) to review its

decision to not oversee a secret-ballot election to determine union status for employees. The NLRB cancelled hearings on the vote

request after the labor union UniteHe

...Long Beach. The NLRB, established with the passage of the National Labor Relations Act in 1935, is the independent federal

agency responsible...

Oklahoma Attorney General Scott Pruitt joins other AGs in protesting agency action

NewsOK (AP) – 05/04/11 22:27 –

Words matched: National Labor Relations Act

Attorneys general object to National Labor Relations Board lawsuit against Boeing Co.

...similar to what it faced in Washington state, in violation of the National Labor Relations Act. The board claimed Boeing was

motivated by a desire...

TAPS, union yet to reach an agreement

Herald Democrat – 05/04/11 22:38 –

Words matched: National Labor Relations Board

HERALD DEMOCRAT As TAPS' urban service continues to be suspended because of disagreements with a labor union, each side is

pointing its finger at the other.

A District Court decision and a decision from the U.S. National Labor Relations Board upheld TAPS' position that the entity is a

subdivision ...

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

2

NLRB-FOIA-00000527

Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

Friday, May 06, 2011 8:21 AM

Abruzzo, Jennifer; Ahearn, Richard L.; Ananthanayagam, Shanti; Arlook, Martin M.;

Baniszewski, Joseph; Barker, Joseph; Becker, Craig; Blyer, Alvin P.; Bonett Jr., Edward J.;

Boren, Dennis R.; Burton, Spence; Carlton, Peter J.; Chester, Robert W .; Christman Jr.,

Thomas J.; Cleeland, Nancy; Colwell, John F.; Cowen, W illiam B.; Dreeben, Linda J.; Eddins-

Hill, Rosalind Elaine; Englehart, Bob; Farrell, Ellen; Fedorova, Ioulia; Ferguson, John H.; Fies-

Keller, Cara L.; Figueroa, Marta; Flynn, Terence F.; Franklin, Kirk; Garza, Jose; Glasser,

Stephen M.; Gold, W ayne R.; Goldstein, Dawn; Gottschalk, Irving E.; Graham, David; Grant,

Regina; Griffin, Jill; Guest, Matt; Habenstreit, David; Hankins, Raymond; Hayes, Brian;

Heinzmann, Kym; HELTZER, LES (Hdqs); Hirozawa, Kent; Hollo, Elana R.; Hooks, Ronald K.;

Howard, Deidran; Jacob, Fred B.; James, Kathleen; Jones, Harry; Joseph, Gloria; Kane,

Robert F.; Karsh, Aaron; Katz, Judy; Kearney, Barry J.; Kelly, David A.; Kilpatrick, Elizabeth;

Kinard, Martha E.; Krafts, Andrew J.; Lee, Sydney A.; Lennie, Rachel G.; Levin, Nelson;

Levitan, Daniel; Ley, Rhonda; Lieber, Margery E.; Liebman, W ilma B.; Lightner, J. Michael;

Lineback, Rik D.; Martin, David P.; Mattina, Celeste J.; McDermott, James J.; McKinney, M.

Kathleen; Mills, Jacqueline; Moore-Duncan, Dorothy L.; Moran, Gail R.; Morgan, Terry A.;

Murphy, James R.; Ohr, Peter S.; Osthus, Marlin O.; Overstreet, Cornele; Pearce, Mark G.;

Purcell, Anne G.; Reynolds, Vanita S.; Rivchin, Julie Y.; Robinson, Miles A; Rosenberg,

Joshua; Saunders, Josh D; Schiff, Robert; Shapiro, Ken; Siegel, Richard A.; Simms, Abby;

Smith, Barry F.; Solomon, Lafe E.; Sophir, Jayme; Spector, Jennifer R.; Tellem, Elbert F.;

Tendrich, Robert; Thompson, Scott C.; Tuli, Manisha E.; W agner, Anthony R.; W illiams,

Harold; Yaffe, Deborah; Zick, Lara S.

Legal News FYI

GOP Senators Condemn NLRB Boeing Action,

Pledge to Fight Solomon, Becker Nominations

Nineteen Republican senators told President Obama in a May 4 letter they consider a recent National

Labor Relations Board complaint against Boeing Co. a "government-led act of intimidation" against

employers that build manufacturing...

UAW, Automakers to Be ‘Innovative’

In Contract Talks, Berkeley's Shaiken Says

LANSING, Mich.—Negotiators for the United Auto Workers and the three Detroit automakers are seeking

"innovative" ways of achieving their goals as they head into talks on a new three-year contract, said

Harley Shaiken, professor...

Painters District Council 9 Ratifies Contract

With Cuts to Wages, Benefits to Save Money

Members of Painters and Allied Trades District Council 9 in New York April 28 ratified a new collective

bargaining agreement following three months of negotiations with the Association of Master Painters and

Decorators (MPDA), a negotiator...

Union Carpenters in Connecticut on Strike

After Contract Extension Request Rejected

BOSTON–Union-represented carpenters in Connecticut went on strike May 2 after their proposal for a one-

week extension of the prior contract with the Connecticut Construction Industry Association was rejected

by the association....

Massachusetts Nurses Union Reaches Pact

With St. Vincent, Calling Off Planned Strike

BOSTON—The Massachusetts Nurses Association May 4 reached tentative agreement on a three-year

contract with St. Vincent Hospital in Worcester, Mass., ending the threat of a one-day walkout that had

been scheduled for May 6....

1

NLRB-FOIA-00000528

Politics Republicans Threaten to Defund National Labor Relations Board Over Boeing Ruling

Slog - The Stranger - Blog – 05/05/11 17:40 –

Words matched: National Labor Relations Board, NLRB

That Boeing's decision to move the second 787 assembly line to South Carolina was at least in part a retaliation against the Machinist

union for past strikes, and threat to move more jobs should the union strike again, is not at issue.

Politics Republicans Threaten to Defund National Labor Relations Board Over Boeing Ruling That Boeing's decision to move the

second 787 assembly...

NFL Appeal of Lockout-Lifting Order to Get Expedited Review

Bloomberg – 05/03/11 21:01 –

Words matched: National Labor Relations Board

A National Football League challenge to a federal judge’s order directing the league to end its player lockout will be given expedited

review by a U.S.

...jurisdiction to end the lockout and that the matter should be before the National Labor Relations Board . Ten players, led by NFL

championship -winning...

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

2

NLRB-FOIA-00000529

Microsoft Outlook

From:

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Martin, Andrew

Tuesday, May 10, 2011 8:52 AM

Abruzzo, Jennifer; Ahearn, Richard L.; Ananthanayagam, Shanti; Arlook, Martin M.;

Baniszewski, Joseph; Barker, Joseph; Becker, Craig; Blyer, Alvin P.; Bonett Jr., Edward J.;

Boren, Dennis R.; Burton, Spence; Carlton, Peter J.; Chester, Robert W .; Christman Jr.,

Thomas J.; Cleeland, Nancy; Colwell, John F.; Cowen, W illiam B.; Dreeben, Linda J.; Eddins-

Hill, Rosalind Elaine; Englehart, Bob; Farrell, Ellen; Fedorova, Ioulia; Ferguson, John H.; Fies-

Keller, Cara L.; Figueroa, Marta; Flynn, Terence F.; Franklin, Kirk; Garza, Jose; Glasser,

Stephen M.; Gold, W ayne R.; Goldstein, Dawn; Gottschalk, Irving E.; Graham, David; Grant,

Regina; Griffin, Jill; Guest, Matt; Habenstreit, David; Hankins, Raymond; Hayes, Brian;

Heinzmann, Kym; HELTZER, LES (Hdqs); Hirozawa, Kent; Hollo, Elana R.; Hooks, Ronald K.;

Howard, Deidran; Jacob, Fred B.; James, Kathleen; Jones, Harry; Joseph, Gloria; Kane,

Robert F.; Karsh, Aaron; Katz, Judy; Kearney, Barry J.; Kelly, David A.; Kilpatrick, Elizabeth;

Kinard, Martha E.; Krafts, Andrew J.; Lee, Sydney A.; Lennie, Rachel G.; Levin, Nelson;

Levitan, Daniel; Ley, Rhonda; Lieber, Margery E.; Liebman, W ilma B.; Lightner, J. Michael;

Lineback, Rik D.; Martin, David P.; Mattina, Celeste J.; McDermott, James J.; McKinney, M.

Kathleen; Mills, Jacqueline; Moore-Duncan, Dorothy L.; Moran, Gail R.; Morgan, Terry A.;

Murphy, James R.; Ohr, Peter S.; Osthus, Marlin O.; Overstreet, Cornele; Pearce, Mark G.;

Purcell, Anne G.; Reynolds, Vanita S.; Rivchin, Julie Y.; Robinson, Miles A; Rosenberg,

Joshua; Saunders, Josh D; Schiff, Robert; Shapiro, Ken; Siegel, Richard A.; Simms, Abby;

Smith, Barry F.; Solomon, Lafe E.; Sophir, Jayme; Spector, Jennifer R.; Tellem, Elbert F.;

Tendrich, Robert; Thompson, Scott C.; Tuli, Manisha E.; W agner, Anthony R.; W illiams,

Harold; Yaffe, Deborah; Zick, Lara S.

Legal News FYI

NMB Orders Election Among 3,000 Frontier,

Other Republic Pilots With Only IBT on Ballot

The National Mediation Board May 2 authorized a representation election among more than 3,000 pilots at

six subsidiaries of Republic Airways Holdings Inc., including Frontier Airlines (Republic Airlines et

al./Frontier, 38 N.M.B. No....

NNU Members Ratify RN Contract

With Washington Hospital Center

Members of National Nurses United have ratified, by 93 percent of those voting, a 42-month collective

bargaining agreement with the Washington Hospital Center in Washington, D.C., covering 1,650 registered

nurses, the union announced...

Tennessee Bars Maintenance of Membership

RALEIGH, N.C.—Maintenance of membership clauses in collective bargaining agreements are now

prohibited in Tennessee under a bill (H.B. 1605) that was signed into law by Gov. Bill Haslam (R) May 5....

NLRB's Solomon Responds to Boeing Letter

As Controversy Continues Over Legal Dispute

Addressing the controversy over his authorization of an unfair labor practice complaint against Boeing Co.,

National Labor Relations Board Acting General Counsel Lafe E. Solomon May 9 said there was "nothing

remarkable or unprecedented"...

Backus nurses will hold union vote Wednesday

Norwich Bulletin (AP) – 05/09/11 23:18 –

Words matched: National Labor Relations Act

Norwich, Conn. — A union election that has attracted the attention of Gov. Dannel P. Malloy and much of Eastern Connecticut’s

statehouse delegation will reach its climax this week.

...engaging in lawful communications with its workers as per the National Labor Relations Act. Whatever the voting result, hospital

administrators ...

Scientists and engineers at NYU-Poly file for union representation

Automotive Industry Today – 05/09/11 20:35 –
1

NLRB-FOIA-00000530

Words matched: National Labor Relations Act

Lab safety a key issue NEW YORK -- A majority of teaching, research and graduate assistants at Polytechnic Institute of New York

University (NYU-Poly) filed a petition for union representation today at the Brooklyn office of the U.

...are employees within the meaning of Section 2(3) [of the National Labor Relations Act]." In 2004, a narrow majority of Republican

appointees...

Haley, senators to discuss NLRB's Boeing complaint

My San Antonio (AP) – 05/10/11 03:35 –

Words matched: National Labor Relations Board, NLRB

COLUMBIA, S.C. (AP) — South Carolina Gov. Nikki Haley will take part in a gathering at the U.S. Chamber of Commerce in

Washington to criticize the National Labor Relations Board's complaint that Boeing Co.

Haley, senators to discuss NLRB 's Boeing complaint COLUMBIA, S.C. (AP ) South Carolina Gov. Nikki Haley will take part in a

gathering at the U.S .

Boeing shouldn't blame NLRB for doing its job

The Seattle Times – 05/09/11 19:01 –

Words matched: National Labor Relations Board, NLRB

The National Labor Relations Board was merely doing its job when it charged Boeing with making an illegal transfer of work to South

Carolina for a second 787 production line, writes guest columnist Jeff Johnson, president of the Washington State Labor Council.

Boeing shouldn't blame NLRB for doing its job The National Labor Relations Board was merely doing its job when it charged Boeing

with making...

City utility workers to get raises

The News Tribune – 05/10/11 03:05 –

Words matched: unfair labor practice

Despite a plan to freeze all city worker wages for the next two years to help meet budget goals, the Tacoma City Council will consider

an ordinance today that would grant a nearly 3 percent pay hike to more than 340 city utility workers over the next year.

...request binding arbitration to settle the issue or they could file an unfair labor practice charge due to bad-faith bargaining. In either

scenario ,

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

2

NLRB-FOIA-00000531

Microsoft Outlook

BNA Highlights [bhighlig@bna.com]

Tuesday, May 10, 2011 5:29 PM

Abruzzo, Jennifer

May 10 -- BNA, Inc. Daily Labor Report - Latest Developments

From:

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Latest Developments

Highway Worker Afraid of Heights Has Triable ADA Claims, Seventh Circuit Says

Posted May 10, 2011, 4:37 P.M. ET

A state highway maintainer on a bridge crew in Illinois who was diagnosed with acrophobia,

a fear of heights, can proceed to trial on his claims that he was fired because of his disability

in violation of the Americans with Disabilities Act, the U.S. Court of Appeals for the Seventh

Circuit ruled today (Miller v. Ill. Dep't of Transp., 7th Cir., No. 09-3143, 5/10/11).

Reversing a district court's grant of summary judgment in favor of the Illinois Department of

Transportation (IDOT), the Seventh Circuit held that a reasonable jury could conclude that

IDOT regarded Darrell Miller as substantially limited in the major life activity of working.

Upon learning about Miller's formal diagnosis, the court said, IDOT immediately prevented

Miller from performing any bridge crew duties, including ones that could be conducted from

the ground, and placed him on nonoccupational disability status.

The appellate court said a reasonable jury also could find that performing work above 25 feet

in an exposed position is not an essential function of a bridge crew highway maintainer, and

that Miller's accommodation request, which involved IDOT’s substituting him for other team

members on tasks requiring work at such heights, was reasonable given that his crew

already had a history of swapping tasks among members based on their strengths and

limitations.

Additionally, the Seventh Circuit ruled a triable issue of fact exists as to whether IDOT's

proffered reason for terminating Miller, based on his alleged threat against a personnel

manager, was a pretext for retaliation in response to his reasonable accommodation

requests.

In its ruling, the Seventh Circuit relied on case law, and statutory and regulatory provisions

in existence prior to the enactment of the ADA Amendments Act, which went into effect on

Jan. 1, 2009.

Judge David F. Hamilton wrote the court's opinion, joined by Judges Richard A. Posner and

Ilana D. Rovner.

A full report will appear in the next issue of Daily Labor Report. Click here for the latest

1

NLRB-FOIA-00000532

issue.

Legislators, Business Groups Rip Solomon, White House in NLRB Boeing Case

Posted May 10, 2011, 4:52 P.M. ET

Republican legislators today joined South Carolina Gov. Nikki Haley (R) and executives from

several national business associations in criticizing National Labor Relations Board Acting

General Lafe E. Solomon for authorizing a controversial unfair labor practice complaint

against Boeing Co. Meanwhile, some of the speakers at a U.S. Chamber of Commerce press

conference called on President Obama to “weigh in” on the dispute or withdraw Solomon's

nomination to serve a full term as NLRB general counsel.

The press conference followed a meeting between the legislators and more than 60 business

leaders that was convened to discuss the NLRB complaint, which alleges that Boeing

unlawfully decided to locate some manufacturing of its 787 Dreamliner jets to South Carolina

in retaliation for the involvement of employees in Washington in lawful economic strikes led

by the International Association of Machinists.

Haley said “we are demanding that the president respond to what the NLRB has done,

because this goes against everything we know our American economy to be.”

Sen. Rand Paul (R-Ky.) said he wants to ask President Obama whether the White House has

assembled an “enemies list” targeting Republican states.

Sen. Lamar Alexander (R-Tenn.) said he will offer legislation by the end of the week to

protect state right-to-work laws and limit the authority of NLRB over business decisions on

plant sites, but Sen. Lindsey Graham (R-S.C.) said the president could “fix” the Boeing

litigation immediately by removing Solomon's nomination to a full term as NLRB general

counsel.

Sen. Tom Harkin (D-Iowa), chairman of the Senate Health, Education, Labor and Pensions

Committee, reacted quickly to the criticism of NLRB, saying Republicans have attacked a

“routine unfair labor practice charge” with an “overly dramatic response” and “disturbing

misinformation” that he said “has needlessly complicated the legal process and distorted the

public discussion of this case.”

A full report will appear in the next issue of Daily Labor Report. Click here for the latest

issue.

NLRB Complaint Against CNA Alleges Unlawful Inclusion of Statement in Contracts

Posted May 10, 2011, 4:10 P.M. ET

The National Labor Relations Board has issued a complaint against the California Nurses

Association/National Nurses United alleging the union unlawfully included a “Weingarten

rights” statement on or inside the cover of a number of collective bargaining agreements,

without the consent or agreement of the employers.

The complaint, which was issued at the end of April in response to an unfair labor practice

charge filed by Henry Mayo Newhall Memorial Hospital in Valencia, also alleges that CNA

violated Section 8(b)(1)(A) of the National Labor Relations Act by “restraining and coercing

employees in the exercise of their rights guaranteed in Section 7” of the act.

2

NLRB-FOIA-00000533

James J. McDermott, the regional director for Region 31 in Los Angeles scheduled a hearing

on the complaint for Aug. 1 before an NLRB administrative law judge.

According to the complaint, CNA represents at least 2,000 registered nurses at Henry Mayo,

and the current contract runs from Jan. 22, 2009, through Jan. 21, 2012.

In April 2009, the parties reached agreement on that contract. When CNA printed the

contract in October 2010 it included a statement on the back cover telling nurses they must

request that a union representative be called into any disciplinary meetings. The hospital

objected, alleging it did not agree to the inclusion of the statement, and that the statement

“implies that employees must request a Union representative during investigatory meetings,

and therefore, employees are not free to exercise their Section 7 right to avoid union activity

altogether.”

Mori Pam Rubin, the deputy regional attorney in NLRB Region 31, told BNA today that the

hospital filed an unfair labor practice charge with the board alleging that CNA systematically

includes this unlawful overbroad statement on many, if not all, of its contracts throughout

the nation. The hospital also alleged that the union includes this statement unilaterally,

without the agreement of the other employer parties to those agreements, she said.

A full report will appear in the next issue of Daily Labor Report. Click here for the latest

issue.

Employee Did Not Exhaust Claim That Employer Retaliated by Filing Counterclaims,

Tenth Circuit Finds

Posted May 10, 2011, 5:17 P.M. ET

An accounting and finance director who was fired by a New Mexico security service provider

failed to exhaust her administrative remedies with respect to her claim that the company

retaliated against her in violation of Title VII of the 1964 Civil Rights Act and New Mexico law

by filing counterclaims in her discrimination lawsuit, the U.S. Court of Appeals for the Tenth

Circuit has decided (McDonald-Cuba v. Santa Fe Protective Servs. Inc., 10th Cir., No. 10-

2151, 5/9/11).

Lynn McDonald-Cuba, who was fired for starting a competing company, needed to file a new

charge with the Equal Employment Opportunity Commission alleging that the counterclaims

constituted retaliation, but she did not do so, the Tenth Circuit found. The employer

counterclaimed for breach of contract, breach of duty of loyalty, and intentional interference

with prospective economic advantage.

The court vacated summary judgment to Santa Fe Protective Services (SFPS) on McDonald-

Cuba's retaliation claim and remanded it to the U.S. District Court for the District of New

Mexico with instructions to dismiss it without prejudice because of lack of jurisdiction.

Meanwhile, summary judgment to SFPS was proper on McDonald-Cuba's other Title VII

claims that the company engaged in sex discrimination and retaliation when it fired her and

that it retaliated against her by making false statements to third parties about her alleged

conflict of interest and about her discharge, Judge Stephen H. Anderson wrote for the

appeals court in the May 9 decision.

A full report will appear in the next issue of Daily Labor Report. Click here for the latest

issue.

3

NLRB-FOIA-00000534

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NLRB-FOIA-00000535

Microsoft Outlook

BNA Highlights [bhighlig@bna.com]

Tuesday, May 10, 2011 10:39 PM

Abruzzo, Jennifer

May 10 -- BNA, Inc. Daily Labor Report

From:

Sent:

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Tuesday, May 10, 2011 · Number 90

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

Disabilities

Agencies

Seventh Circuit Rules Highway Worker

States

Afraid of Heights Has Triable ADA Claims

Courts/Tribunals

A state highway maintainer on a bridge crew in Illinois who was

diagnosed with acrophobia, a fear of heights, can proceed to

trial on his claims that his employer violated the Americans with

Disabilities Act by discriminating against him based...

Federal Statutes

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

Communications

CWA, Cincinnati Bell Tentative Agreement

Continues Two-Tier Provisions Set in 2008

NLRB Summaries

Wage Trend Indicator

Calendar of Events

Communications Workers of America locals 4400 and 4401 and

Cincinnati Bell Inc. May 7 reached tentative agreement on a 39-

month collective bargaining contract covering about 1,000

employees, the union and company announced....

Employment

More Laid-Off Workers Report Finding Jobs

In 2011 Than Year Ago, CareerBuilder Says

The share of recently laid-off workers who have found jobs

improved this year compared with the same period in 2010,

according to survey results released May 10 by CareerBuilder....

Employment

President's Jobs Council Begins Tour

To Solicit Input From Local Businesses

The President's Council on Jobs and Competitiveness (PCJC)

May 10 held the first in a series of listening sessions to solicit

input from local businesses on how the public and private

sectors can partner to generate opportunity and job...

Health Care Employees

RNs Return to Work after Five-Day Strike

1

NLRB-FOIA-00000536

At Children's Hospital in Oakland, California

Registered nurses, represented by the California Nurses

Association/National Nurses United, May 10 began returning to

their jobs at Children's Hospital in Oakland, following a five-day

strike over health care benefits....

Health Care Employees

Two Minnesota Hospitals Fire 32 Workers

Over Wrongly Accessing Patient Records

Allina Health System, which operates various hospitals and

health clinics throughout Minnesota and western Wisconsin, has

terminated 32 workers for accessing electronic patient records

without proper authorization to do so, a hospital...

Health Care

Sanders, McDermott Champion Single-Payer,

Say Vermont Could Be Harbinger of Action

Sen. Bernie Sanders (I-Vt.) and Rep. Jim McDermott (D-Wash.)

said May 10 that the federal health care overhaul was an

important first step, but that a single-payer system is needed to

ensure coverage for all....

Hiring

Hiring Outlook for 2011 College Graduates

Slightly Better Than Last Year, Surveys Show

This year's college graduates are more likely to have a job offer

in hand than their 2010 counterparts, according to survey

results released by the National Association of Colleges and

Employers....

Immigration

Obama Says Overhauling Immigration Laws

Is an ‘Economic Imperative' for the Nation

An overhaul of the nation's immigration laws would "strengthen

the middle class" by ensuring that there is "no longer a massive

underground economy that exploits a cheap source of labor

while depressing wages for everyone...

Labor Department

Nomination for DOL Inspector General Withdrawn

The nomination of Paul M. Tiao to be the Labor Department's

inspector general has been withdrawn, the White House

announced May 9....

Maritime

GAO Officials Used Fake TWIC Cards

To Access Several Ports, Report Says

Government Accountability Office investigators were able to

fraudulently obtain Transportation Worker Identification

Credential (TWIC) cards with false identification documents and

used the cards to access secure areas of numerous...

NLRB

Lawmakers, Business Groups Pan Solomon

And White House Roles in NLRB Boeing Case

Republican lawmakers joined South Carolina Gov. Nikki Haley
2

NLRB-FOIA-00000537

(R) and executives from several national business associations

May 10 in criticizing National Labor Relations Board Acting

General Counsel Lafe E. Solomon for authorizing a

controversial...

Race Discrimination

Second Circuit Remands 1999 Case

On Reverse Bias Claims Against City Schools

New York City's implementation of a 1999 agreement settling a

Justice Department race bias case was not an affirmative action

plan for purposes of Title VII of the 1964 Civil Rights Act and

may have violated the rights of certain white employees...

Retaliation

Employee Did Not Exhaust Retaliation Claim

Involving Employer Counterclaims, Court Says

An accounting and finance director who was fired by a New

Mexico security service provider failed to exhaust her

administrative remedies with respect to her claim that the

company retaliated against her in violation of Title VII of the

1964...

Sex Discrimination

Court Rejects Health System's Motion

To Dismiss Female Doctor's Bias Suit

Discrimination claims by a female physician who alleged that a

health care system forced her out of her position as the

supervisor of a satellite clinic survived a motion for summary

judgment May 6 in a federal district court in South Dakota

(Benson...

State Employees

Utah Legislature Overrides Veto, Restores

Five-Day Workweek for Executive Branch

DENVER—Utah lawmakers May 7 overrode the governor's veto

of a bill (H.B. 328) requiring executive branch agencies to

operate for nine hours five days a week, effectively ending a

policy of thousands of state government employees...

Unfair Labor Practices

NLRB Complaint Against CNA Alleges

Unlawful Inclusion of Statement in Contracts

The National Labor Relations Board issued a complaint against

the California Nurses Association/National Nurses United,

alleging the union unlawfully included a "Weingarten rights"

statement on or inside the cover of a number...

Unions

AFL-CIO Signs Partnership Agreements

With Groups for Domestic, Guestworkers

NEW YORK—The AFL-CIO May 10 signed a pair of partnership

agreements with groups representing domestic workers and

guestworkers, continuing an outreach effort to assist workers

excluded from collective bargaining representation...

Unions
3

NLRB-FOIA-00000538

Noel Beasley Elected Workers United President

Workers United General Executive Board May 9 elected Noel

Beasley president of the union, an affiliate of Service Employees

International Union, to succeed Bruce Raynor, who had stepped

down from the position two days earlier, the union

announced....

ALSO IN THE COURTS

Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

TEXT

NLRB's Weekly Summary of Cases, Dated May 2-6, 2011

VIDEO

See Latest Video: Maximizing Emotional Distress

Damages In Employment Bias Cases by Josh Bowers

This e-mail is part of your subscription to Daily Labor Report® (ISSN 1522-

5968), which is published on the Web daily by The Bureau of National Affairs,

Inc., 1801 S. Bell Street, Arlington, VA 22202.

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Preferences" under the Getting Started heading on your product's home page.

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and other inquiries, contact your local BNA Representative or call BNA Customer

Relations at 800-372-1033, Mon. - Fri. 8:30 am - 7:00 pm (ET), excluding most

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NLRB-FOIA-00000539

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Abruzzo, Jennifer

W ednesday, May 11, 2011 7:09 AM

Solomon, Lafe E.

BNA article

Last night’s BNA article. 

NLRB

Lawmakers, Business Groups Pan Solomon

And White House Roles in NLRB Boeing Case

Republican lawmakers joined South Carolina Gov. Nikki Haley (R) and executives from several national

business associations May 10 in criticizing National Labor Relations Board Acting General Counsel Lafe E.

Solomon for authorizing a controversial unfair labor practice complaint against Boeing Co.

Some participants at a press conference held by the U.S. Chamber of Commerce called on President Obama to

“weigh in” on the dispute or withdraw Solomon's nomination to serve a full term as NLRB general counsel.

The press conference followed a meeting between the lawmakers and more than 60 business leaders that was

convened to discuss the NLRB complaint, which alleges that Boeing unlawfully decided to locate some

manufacturing of its 787 Dreamliner jets in South Carolina in retaliation for the involvement of Washington

state employees in lawful economic strikes led by the International Association of Machinists.

“We are demanding that the president respond to what the NLRB has done, because this goes against everything

we know our American economy to be,” Haley said.

Sen. Rand Paul (R-Ky.) said he wants to ask President Obama whether the White House has assembled an

“enemies list” targeting Republican states.

Sen. Lamar Alexander (R-Tenn.) said he will offer legislation by the end of the week that would protect state

right-to-work laws and limit NLRB's authority, but Sen. Lindsey Graham (R-S.C.) said the president could “fix”

the Boeing litigation immediately by removing Solomon's nomination to a full term as NLRB general counsel.

Sen. Tom Harkin (D-Iowa), chairman of the Senate Health, Education, Labor and Pensions Committee, reacted

quickly to the criticism of NLRB, saying Republicans have attacked a “routine unfair labor practice charge”

with an “overly dramatic response” and “disturbing misinformation” that he said “has needlessly complicated

the legal process and distorted the public discussion of this case.”

Haley Calls NLRB Action an ‘Unbelievable Attack.'

Randy Johnson, senior vice president of labor, immigration, and employee benefits for the chamber, said

Boeing has finished building the facility in North Charleston, S.C., where a nonunion workforce is expected to

build three Dreamliners per month, while IAM-represented employees in the Puget Sound area build seven per

month. The union filed a March 2010 unfair labor practice charge alleging that the decision to move some

production from Washington to South Carolina was unlawful discrimination against the union-represented

workers, and NLRB's April 20 complaint against the company makes the same allegation (77 DLR AA-1,

4/21/11).

Calling the East Coast aircraft production new work that was not taken away from the IAM-represented

workers, Johnson said “the precedent that the NLRB is attempting to establish here is so fundamentally unsound

and troublesome that it cannot be ignored,” explaining the chamber's decision to host a meeting that several

speakers called an urgent session.

Haley told reporters that the Boeing dispute “is an issue that may have started in South Carolina, but we want to

make sure that it never touches another state.”

Stating that job creation will be “key” in the United States in coming years, Haley said the effect of the NLRB

complaint was to tell businesses that not only could they not do business in a right-to-work state, but that they

should create jobs overseas. “That's what the president is saying through Lafe Solomon,” Haley said.

1

NLRB-FOIA-00000540

President Obama “has got to speak up—we need to see leadership,” Haley added. The president, she said, “has

to tell us, if we can't create new jobs this way, how exactly are we supposed to create jobs.”

The South Carolina governor called the complaint against Boeing “an unbelievable attack on not just right-to-

work states but every state that is attempting to put their people to work.”

Lawmakers Defend Boeing, Criticize White House,

Graham said Boeing made the decision to locate some of its Dreamliner production in South Carolina after the

company received more orders than expected. “They had a dilemma of expanding businesses, which is a great

dilemma to have,” he said. The company consulted with the Washington state unions representing Boeing

employees, Graham said, but made a decision to locate its second assembly line in South Carolina after

considering its options, which included an attractive package of incentives from the state of South Carolina.

The senator said under the law the company had a right to make the decision it did, but NLRB's acting general

counsel has issued a complaint Graham called “chilling.” If a chief executive officer's remarks about the cost of

doing business in one location can prevent the firm from ever relocating to another location, he warned, “you're

going to destroy the economy.”

Graham commented that Bill Daley, former secretary of commerce during the Clinton administration and now

Obama's chief of staff, served on Boeing's board of directors in 2009 when the board approved the building of

Boeing's second production line in South Carolina. Graham argued that either the Obama “vetters” who

considered Daley for the White House job considered the NLRB complaint against Boeing without merit, or

“they went and hired someone who busts unions at the White House.”

The senator also said Obama named Boeing's Chief Executive Officer Jim McNerney to the President's Export

Council. The Daley and McNerney appointments, he said, are the “best evidence” that the NLRB complaint

against the aircraft manufacturer is frivolous.

Sen. Jim DeMint (R-S.C.) joined Haley and Graham, and called NLRB's action on the unfair labor practice

charge “pandering to unions,” while Rep. Joe Wilson (R-S.C.) complained that the NLRB action undermined

Haley's ability to recruit businesses to build in South Carolina. “Clearly,” Wilson said, Boeing's decision to

conduct some of its Dreamliner production in South Carolina “is not retaliation—this is creating jobs.”

Rand Paul began with a question for the president: “Mr. President, do you have an enemies list?” Paul

questioned whether the decision made in the Boeing case was made because the state “appears to be a

Republican state, with two Republican senators,” or whether the complaint was issued because South Carolina

is a right-to-work state.

Noting that Kentucky has two Republican senators, Paul asked, “Are we on your enemies list?” Questioning

whether the government was saying businesses could not locate in states that happened to be Republican, Paul

said “I find this appalling and I expect the president to immediately rescind this assault on business.”

Alexander Nearing Final Draft of Legislation

Sen. Lamar Alexander (R-Tenn.) said he, Graham, DeMint, and Paul are continuing to work on legislation, the

proposed Right to Work Protection Act (85 DLR A-10, 5/3/11), which he called important for every state in the

country and for manufacturers trying to determine whether they will be able to manufacture in the United States

the products they sell in this country.

“I can't think of one single action the federal government could take that would make it harder to bring new jobs

into Tennessee than this Boeing complaint, if it were to become the law,” Alexander said.

Alexander said Nissan and other automakers decided to build cars in right-to-work states in the Southeast

because of the “different union environment” offered in those states. Nissan now says it will make in the United

States 85 percent of what the company sells here, Alexander said, and said “that's what we want.”

Alexander said the draft legislation would strength the protection of right-to-work laws under the NLRA, and

would prevent NLRB from going forward with its case against Boeing “or attempting the same strategy against

other companies.” The legislation would limit the board from ordering an employer not to relocate jobs from

one location to another, he said, and would guarantee an employer's right to decide where it should do business.

The Tennessee senator said the proposed legislation also would protect the right of an employer to engage in

free speech on the subject of the costs associated with having a unionized work force “without fear of such

communication being used as evidence in an anti-union discrimination case.”

2

NLRB-FOIA-00000541

Alexander said there have been a “number” of senators interested in the proposed Right to Work Act. He said a

draft of the bill will be circulated in the next day or two and he expects it to be introduced by the end of the

week. He observed that 22 states are right-to-work states and some have Democratic senators who may support

the bill.

Business Groups Join in Protest

John Engler, former Republican governor of Michigan and now president of the Business Roundtable, said his

group considers the NLRB complaint against Boeing a threat not only to the airplane builder, but to every

company headquartered in the United States.

Engler said his group represents companies with nearly $6 trillion in annual revenues and approximately 13

million employees. The group's view, he said is that the NLRB complaint is “wrong-headed” and unsupported

by legal precedent, but would establish an “ominous” precedent limiting the ability of companies to settle in the

most attractive and competitive business environments they can identify.

The Business Roundtable president asked NLRB to “step back” from the Boeing complaint, and suggested that

President Obama should clarify his position on the issue, while Congress acts on legislation to ensure “that this

never again should become an issue.”

Dan Yager, chief policy officer and general counsel of HR Policy Association, representing the chief human

resource officers of more than 320 U.S. companies, said his group has not seen the Boeing controversy as a

“right-to-work versus non-right-to-work issue.”

What happened in the case against Boeing, Yager said, is that the company has been penalized for being open

and discussing management concerns with the union representative of its Puget Sound employees before going

forward. The company had the right under its collective bargaining agreement to decide plant locations without

bargaining, Yager said, and simply tried to work issues out through discussions that were unsuccessful.

Yager said he believes that Boeing will win the unfair labor practice case brought against it. He said “if the

acting general counsel's view of labor relations is correct, of what the law is, then labor relations in this country

is much more broken that I certainly thought it was.”

Graham Calls for White House Intervention

In answer to a question about the president's role in a case that is being handled by an independent federal

agency, Graham said he understands NLRB's independence, but he said “this is legal slander, for lack of a better

word” and called the Boeing complaint “out of bounds when it comes to precedent.”

Graham said there was no precedent for a case like the one against Boeing because “nobody in their right mind

would make these conclusions unless you had an agenda beyond the law.”

Graham said the NLRB complaint “is going nowhere” and Boeing will stay in South Carolina. “The reason

we're pushing back,” he said, is that the president has made “some appointments” at NLRB that are “out of the

mainstream.” Graham said the consequences of the complaint against Boeing could be “absolutely devastating”

and said “political appointees have made job creating very difficult.”

“The president could fix this,” Graham said. “He could remove the nomination of Mr. Solomon, who will never

see the light of day in the Senate.”

Harkin Sees ‘Assault on the Middle Class.'

In a statement released shortly after the press conference, Harkin said “[w]hat we are really witnessing here is

another example of the Republican assault on the middle class that has been echoing across the country for

months now.”

“Instead of focusing on how we can get Americans working again and get the middle class back on its feet,

Republicans have chosen to spend their time attacking the handling of a routine unfair labor practice charge.

This overly dramatic response and the disturbing misinformation they are peddling has needlessly complicated

the legal process and distorted the public discussion of this case,” Harkin said.

The Iowa senator added that “opponents of workers' rights have also mischaracterized the fundamental issue at

stake, suggesting that this case represents an assault on ‘right to work' laws,” an assertion he called “just

factually incorrect.”

Harkin said “unions are one of the few voices left in our society speaking up for the little guy, and if we let

powerful CEOs trample all over these rights without consequences, we might as well give up on having a

middle class altogether.”
3

NLRB-FOIA-00000542

Harkin said his Senate committee will hold a hearing Thursday on “why the middle class is increasingly

slipping out of reach for Americans.” The Boeing litigation will likely come up for discussion; among the

witnesses scheduled to appear are Boeing General Counsel J. Michael Luttig, who has been very critical of the

NLRB complaint, and Sarah Fox, a former Democratic NLRB member who now serves as legal counsel to the

AFL-CIO.

Solomon said in a May 9 statement on the NLRB website that the complaint against Boeing is “just the

beginning of a legal process” that will move forward to a hearing on June 14 and consideration by an

administrative law judge and the board. “We hope all interested parties respect the legal process, rather than

trying to litigate this case in the media and public arena,” he said.

4

NLRB-FOIA-00000543

Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

W ednesday, May 11, 2011 8:55 AM

Abruzzo, Jennifer; Ahearn, Richard L.; Ananthanayagam, Shanti; Arlook, Martin M.;

Baniszewski, Joseph; Barker, Joseph; Becker, Craig; Blyer, Alvin P.; Bonett Jr., Edward J.;

Boren, Dennis R.; Burton, Spence; Carlton, Peter J.; Chester, Robert W .; Christman Jr.,

Thomas J.; Cleeland, Nancy; Colwell, John F.; Cowen, W illiam B.; Dreeben, Linda J.; Eddins-

Hill, Rosalind Elaine; Englehart, Bob; Farrell, Ellen; Fedorova, Ioulia; Ferguson, John H.; Fies-

Keller, Cara L.; Figueroa, Marta; Flynn, Terence F.; Franklin, Kirk; Garza, Jose; Glasser,

Stephen M.; Gold, W ayne R.; Goldstein, Dawn; Gottschalk, Irving E.; Graham, David; Grant,

Regina; Griffin, Jill; Guest, Matt; Habenstreit, David; Hankins, Raymond; Hayes, Brian;

Heinzmann, Kym; HELTZER, LES (Hdqs); Hirozawa, Kent; Hollo, Elana R.; Hooks, Ronald K.;

Howard, Deidran; Jacob, Fred B.; James, Kathleen; Jones, Harry; Joseph, Gloria; Kane,

Robert F.; Karsh, Aaron; Katz, Judy; Kearney, Barry J.; Kelly, David A.; Kilpatrick, Elizabeth;

Kinard, Martha E.; Krafts, Andrew J.; Lee, Sydney A.; Lennie, Rachel G.; Levin, Nelson;

Levitan, Daniel; Ley, Rhonda; Lieber, Margery E.; Liebman, W ilma B.; Lightner, J. Michael;

Lineback, Rik D.; Martin, David P.; Mattina, Celeste J.; McDermott, James J.; McKinney, M.

Kathleen; Mills, Jacqueline; Moore-Duncan, Dorothy L.; Moran, Gail R.; Morgan, Terry A.;

Murphy, James R.; Ohr, Peter S.; Osthus, Marlin O.; Overstreet, Cornele; Pearce, Mark G.;

Purcell, Anne G.; Reynolds, Vanita S.; Rivchin, Julie Y.; Robinson, Miles A; Rosenberg,

Joshua; Saunders, Josh D; Schiff, Robert; Shapiro, Ken; Siegel, Richard A.; Simms, Abby;

Smith, Barry F.; Solomon, Lafe E.; Sophir, Jayme; Spector, Jennifer R.; Tellem, Elbert F.;

Tendrich, Robert; Thompson, Scott C.; Tuli, Manisha E.; W agner, Anthony R.; W illiams,

Harold; Yaffe, Deborah; Zick, Lara S.

Legal News FYI

CWA, Cincinnati Bell Tentative Agreement

Continues Two-Tier Provisions Set in 2008

Communications Workers of America locals 4400 and 4401 and Cincinnati Bell Inc. May 7 reached

tentative agreement on a 39-month collective bargaining contract covering about 1,000 employees, the

union and company announced....

RNs Return to Work after Five-Day Strike

At Children's Hospital in Oakland, California

Registered nurses, represented by the California Nurses Association/National Nurses United, May 10 began

returning to their jobs at Children's Hospital in Oakland, following a five-day strike over health care

benefits....

Nomination for DOL Inspector General Withdrawn

The nomination of Paul M. Tiao to be the Labor Department's inspector general has been withdrawn, the

White House announced May 9....

Lawmakers, Business Groups Pan Solomon

And White House Roles in NLRB Boeing Case

Republican lawmakers joined South Carolina Gov. Nikki Haley (R) and executives from several national

business associations May 10 in criticizing National Labor Relations Board Acting General Counsel Lafe E.

Solomon for authorizing a controversial...

Utah Legislature Overrides Veto, Restores

Five-Day Workweek for Executive Branch

DENVER—Utah lawmakers May 7 overrode the governor's veto of a bill (H.B. 328) requiring executive

branch agencies to operate for nine hours five days a week, effectively ending a policy of thousands of

state government employees...

NLRB Complaint Against CNA Alleges

Unlawful Inclusion of Statement in Contracts

1

NLRB-FOIA-00000544

The National Labor Relations Board issued a complaint against the California Nurses Association/National

Nurses United, alleging the union unlawfully included a "Weingarten rights" statement on or inside the

cover of a number...

AFL-CIO Signs Partnership Agreements

With Groups for Domestic, Guestworkers

NEW YORK—The AFL-CIO May 10 signed a pair of partnership agreements with groups representing

domestic workers and guestworkers, continuing an outreach effort to assist workers excluded from

collective bargaining representation...

Noel Beasley Elected Workers United President

Workers United General Executive Board May 9 elected Noel Beasley president of the union, an affiliate of

Service Employees International Union, to succeed Bruce Raynor, who had stepped down from the

position two days earlier, the union announced....

NLRB's Weekly Summary of Cases, Dated May 2-6, 2011

Acting General Counsel carries out threat to file complaint against Arizona over secret ballot amendment, takes criticism for

Boeing complaint

CCH's Employment Law Daily – 05/10/11 09:36 –

Words matched: Lafe Solomon

The NLRB has announced that Lafe Solomon, the NLRB’s Acting General Counsel, has submitted for filing a complaint in U.S. District

Court in Phoenix asking that court to declare that a recently passed constitutional amendment is preempted by the NLRA.

...amendment, takes criticism for Boeing complaint The NLRB has announced that Lafe Solomon , the NLRB s Acting General

Counsel, has submitted for...

Backus nurses to hold union vote Wednesday

Hartford Business.com – 05/10/11 13:36 –

Words matched: National Labor Relations Board

About 425 nurses at The William W. Backus Hospital in Norwich are expected to hold a union election Wednesday, the Norwich Bulletin

reports. The vote will determine if the majority of the hospital's nursing staff will affiliate with the American Federation of Teacher in

Connecticut.

...affirmative is required for the union to be approved, said John Cotter , deputy Eastern director of the National Labor Relations

Board in Hartford .

Boeing VP to testify before Congress

The Hill – 05/10/11 14:42 –

Words matched: National Labor Relations Board, NLRB

Embroiled in a fight with the National Labor Relations Board over the company's decision to locate a new plant to build airplanes in

South Carolina rather than labor-friendly Washington state, Boeing Vice President J.

Boeing VP to testify before Congress Embroiled in a fight with the National Labor Relations Board over the company's decision to

locate a new...

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

2

NLRB-FOIA-00000545

Microsoft Outlook

From:

Sent:

To:

Subject:

Mattina, Celeste J.

W ednesday, May 11, 2011 9:14 AM

Abruzzo, Jennifer

Fwd: Legal News FYI

I will have to bring this in, can't open the ban article. If u have a chance, can u e mail it to me or let me know

user name and pw to get in. Thanks!

Sent from my iPad

Begin forwarded message:

From: "Martin, Andrew" <Andrew.Martin@nlrb.gov>

Date: May 11, 2011 8:55:28 AM EDT

To: "Abruzzo, Jennifer" <Jennifer.Abruzzo@nlrb.gov>, "Ahearn, Richard L."

<Richard.Ahearn@nlrb.gov>, "Ananthanayagam, Shanti" <Shanti.Ananthanayagam@nlrb.gov>,

"Arlook, Martin M." <Martin.Arlook@nlrb.gov>, "Baniszewski, Joseph"

<Joseph.Baniszewski@nlrb.gov>, "Barker, Joseph" <Joseph.Barker@nlrb.gov>, "Becker, Craig"

<Craig.Becker@nlrb.gov>, "Blyer, Alvin P." <Alvin.Blyer@nlrb.gov>, "Bonett Jr., Edward J."

<Edward.Bonett@nlrb.gov>, "Boren, Dennis R." <Dennis.Boren@nlrb.gov>, "Burton, Spence"

<Spence.Burton@nlrb.gov>, "Carlton, Peter J." <Peter.Carlton@nlrb.gov>, "Chester, Robert

W." <Robert.Chester@nlrb.gov>, "Christman Jr., Thomas J." <Tom.Christman@nlrb.gov>,

"Cleeland, Nancy" <Nancy.Cleeland@nlrb.gov>, "Colwell, John F." <John.Colwell@nlrb.gov>,

"Cowen, William B." <William.Cowen@nlrb.gov>, "Dreeben, Linda J."

<Linda.Dreeben@nlrb.gov>, "Eddins-Hill, Rosalind Elaine" <Rosalind.Eddins-Hill@nlrb.gov>,

"Englehart, Bob" <Bob.Englehart@nlrb.gov>, "Farrell, Ellen" <Ellen.Farrell@nlrb.gov>,

"Fedorova, Ioulia" <Ioulia.Fedorova@nlrb.gov>, "Ferguson, John H."

<John.Ferguson@nlrb.gov>, "Fies-Keller, Cara L." <Cara.Fies-Keller@nlrb.gov>, "Figueroa,

Marta" <Marta.Figueroa@nlrb.gov>, "Flynn, Terence F." <Terence.Flynn@nlrb.gov>,

"Franklin, Kirk" <Kirk.Franklin@nlrb.gov>, "Garza, Jose" <Jose.Garza@nlrb.gov>, "Glasser,

Stephen M." <Stephen.Glasser@nlrb.gov>, "Gold, Wayne R." <Wayne.Gold@nlrb.gov>,

"Goldstein, Dawn" <Dawn.Goldstein@nlrb.gov>, "Gottschalk, Irving E."

<Irving.Gottschalk@nlrb.gov>, "Graham, David" <David.Graham@nlrb.gov>, "Grant, Regina"

<Regina.Grant@nlrb.gov>, "Griffin, Jill" <Jill.Griffin@nlrb.gov>, "Guest, Matt"

<Matt.Guest@nlrb.gov>, "Habenstreit, David" <david.habenstreit@nlrb.gov>, "Hankins,

Raymond" <Raymond.Hankins@nlrb.gov>, "Hayes, Brian" <Brian.Hayes@nlrb.gov>,

"Heinzmann, Kym" <Kym.Heinzmann@nlrb.gov>, "HELTZER, LES (Hdqs)"

<lester.heltzer@nlrb.gov>, "Hirozawa, Kent" <Kent.Hirozawa@nlrb.gov>, "Hollo, Elana R."

<Elana.Hollo@nlrb.gov>, "Hooks, Ronald K." <Ronald.Hooks@nlrb.gov>, "Howard, Deidran"

<Deidran.Howard@nlrb.gov>, "Jacob, Fred B." <fred.jacob@nlrb.gov>, "James, Kathleen"

<Kathleen.James@nlrb.gov>, "Jones, Harry" <Harry.Jones@nlrb.gov>, "Joseph, Gloria"

<Gloria.Joseph@nlrb.gov>, "Kane, Robert F." <Robert.Kane@nlrb.gov>, "Karsh, Aaron"

<Aaron.Karsh@nlrb.gov>, "Katz, Judy" <Judy.Katz@nlrb.gov>, "Kearney, Barry J."

<barry.kearney@nlrb.gov>, "Kelly, David A." <David.Kelly@nlrb.gov>, "Kilpatrick, Elizabeth"

<Elizabeth.Kilpatrick@nlrb.gov>, "Kinard, Martha E." <Martha.Kinard@nlrb.gov>, "Krafts,

Andrew J." <Andrew.Krafts@nlrb.gov>, "Lee, Sydney A." <Sydney.Lee@nlrb.gov>, "Lennie,

Rachel G." <Rachel.Lennie@nlrb.gov>, "Levin, Nelson" <Nelson.Levin@nlrb.gov>, "Levitan,

Daniel" <Daniel.Levitan@nlrb.gov>, "Ley, Rhonda" <Rhonda.Ley@nlrb.gov>, "Lieber,
1

NLRB-FOIA-00000546

Margery E." <Margery.Lieber@nlrb.gov>, "Liebman, Wilma B." <Wilma.Liebman@nlrb.gov>,

"Lightner, J. Michael" <Michael.Lightner@nlrb.gov>, "Lineback, Rik D."

<Rik.Lineback@nlrb.gov>, "Martin, David P." <David.Martin@nlrb.gov>, "Mattina, Celeste J."

<celeste.mattina@nlrb.gov>, "McDermott, James J." <James.McDermott@nlrb.gov>,

"McKinney, M. Kathleen" <kathleen.mckinney@nlrb.gov>, "Mills, Jacqueline"

<Jacqueline.Mills@nlrb.gov>, "Moore-Duncan, Dorothy L." <Dorothy.Moore-

Duncan@nlrb.gov>, "Moran, Gail R." <Gail.Moran@nlrb.gov>, "Morgan, Terry A."

<Terry.Morgan@nlrb.gov>, "Murphy, James R." <James.R.Murphy@nlrb.gov>, "Ohr, Peter S."

<Peter.Ohr@nlrb.gov>, "Osthus, Marlin O." <Marlin.Osthus@nlrb.gov>, "Overstreet, Cornele"

<Cornele.Overstreet@nlrb.gov>, "Pearce, Mark G." <Mark.Pearce@nlrb.gov>, "Purcell, Anne

G." <Anne.Purcell@nlrb.gov>, "Reynolds, Vanita S." <Vanita.Reynolds@nlrb.gov>, "Rivchin,

Julie Y." <Julie.Rivchin@nlrb.gov>, "Robinson, Miles A" <Miles.Robinson@nlrb.gov>,

"Rosenberg, Joshua" <Joshua.Rosenberg@nlrb.gov>, "Saunders, Josh D"

<Josh.Saunders@nlrb.gov>, "Schiff, Robert" <Robert.Schiff@nlrb.gov>, "Shapiro, Ken"

<Ken.Shapiro@nlrb.gov>, "Siegel, Richard A." <Richard.Siegel@nlrb.gov>, "Simms, Abby"

<Abby.Simms@nlrb.gov>, "Smith, Barry F." <Barry.Smith@nlrb.gov>, "Solomon, Lafe E."

<Lafe.Solomon@nlrb.gov>, "Sophir, Jayme" <Jayme.Sophir@nlrb.gov>, "Spector, Jennifer R."

<Jennifer.Spector@nlrb.gov>, "Tellem, Elbert F." <Elbert.Tellem@nlrb.gov>, "Tendrich,

Robert" <Robert.Tendrich@nlrb.gov>, "Thompson, Scott C." <Scott.C.Thompson@nlrb.gov>,

"Tuli, Manisha E." <Manisha.Tuli@nlrb.gov>, "Wagner, Anthony R."

<Anthony.Wagner@nlrb.gov>, "Williams, Harold" <Harold.Williams@nlrb.gov>, "Yaffe,

Deborah" <Deborah.Yaffe@nlrb.gov>, "Zick, Lara S." <Lara.Zick@nlrb.gov>

Subject: Legal News FYI

CWA, Cincinnati Bell Tentative Agreement

Continues Two-Tier Provisions Set in 2008

Communications Workers of America locals 4400 and 4401 and Cincinnati Bell Inc. May 7

reached tentative agreement on a 39-month collective bargaining contract covering about

1,000 employees, the union and company announced....

RNs Return to Work after Five-Day Strike

At Children's Hospital in Oakland, California

Registered nurses, represented by the California Nurses Association/National Nurses United,

May 10 began returning to their jobs at Children's Hospital in Oakland, following a five-day

strike over health care benefits....

Nomination for DOL Inspector General Withdrawn

The nomination of Paul M. Tiao to be the Labor Department's inspector general has been

withdrawn, the White House announced May 9....

Lawmakers, Business Groups Pan Solomon

And White House Roles in NLRB Boeing Case

Republican lawmakers joined South Carolina Gov. Nikki Haley (R) and executives from

several national business associations May 10 in criticizing National Labor Relations Board

Acting General Counsel Lafe E. Solomon for authorizing a controversial...

Utah Legislature Overrides Veto, Restores

Five-Day Workweek for Executive Branch

DENVER—Utah lawmakers May 7 overrode the governor's veto of a bill (H.B. 328) requiring

executive branch agencies to operate for nine hours five days a week, effectively ending a

policy of thousands of state government employees...

NLRB Complaint Against CNA Alleges

Unlawful Inclusion of Statement in Contracts

2

NLRB-FOIA-00000547

The National Labor Relations Board issued a complaint against the California Nurses

Association/National Nurses United, alleging the union unlawfully included a "Weingarten

rights" statement on or inside the cover of a number...

AFL-CIO Signs Partnership Agreements

With Groups for Domestic, Guestworkers

NEW YORK—The AFL-CIO May 10 signed a pair of partnership agreements with groups

representing domestic workers and guestworkers, continuing an outreach effort to assist

workers excluded from collective bargaining representation...

Noel Beasley Elected Workers United President

Workers United General Executive Board May 9 elected Noel Beasley president of the union,

an affiliate of Service Employees International Union, to succeed Bruce Raynor, who had

stepped down from the position two days earlier, the union announced....

NLRB's Weekly Summary of Cases, Dated May 2-6, 2011

Acting General Counsel carries out threat to file complaint against Arizona over secret ballot amendment,

takes criticism for Boeing complaint

CCH's Employment Law Daily – 05/10/11 09:36 –

Words matched: Lafe Solomon

The NLRB has announced that Lafe Solomon, the NLRB’s Acting General Counsel, has submitted for filing a

complaint in U.S. District Court in Phoenix asking that court to declare that a recently passed constitutional

amendment is preempted by the NLRA.

...amendment, takes criticism for Boeing complaint The NLRB has announced that Lafe Solomon , the NLRB s Acting

General Counsel, has submitted for...

Backus nurses to hold union vote Wednesday

Hartford Business.com – 05/10/11 13:36 –

Words matched: National Labor Relations Board

About 425 nurses at The William W. Backus Hospital in Norwich are expected to hold a union election Wednesday,

the Norwich Bulletin reports. The vote will determine if the majority of the hospital's nursing staff will affiliate with the

American Federation of Teacher in Connecticut.

...affirmative is required for the union to be approved, said John Cotter , deputy Eastern director of the National

Labor Relations Board in Hartford .

Boeing VP to testify before Congress

The Hill – 05/10/11 14:42 –

Words matched: National Labor Relations Board, NLRB

Embroiled in a fight with the National Labor Relations Board over the company's decision to locate a new plant to

build airplanes in South Carolina rather than labor-friendly Washington state, Boeing Vice President J.

Boeing VP to testify before Congress Embroiled in a fight with the National Labor Relations Board over the

company's decision to locate a new...

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

3

NLRB-FOIA-00000548

Microsoft Outlook

From:

Sent:

To:

Subject:

Abruzzo, Jennifer

W ednesday, May 11, 2011 9:37 AM

Mattina, Celeste J.

BNA article

Last night’s BNA article. 

NLRB

Lawmakers, Business Groups Pan Solomon

And White House Roles in NLRB Boeing Case

Republican lawmakers joined South Carolina Gov. Nikki Haley (R) and executives from several national

business associations May 10 in criticizing National Labor Relations Board Acting General Counsel Lafe E.

Solomon for authorizing a controversial unfair labor practice complaint against Boeing Co.

Some participants at a press conference held by the U.S. Chamber of Commerce called on President Obama to

“weigh in” on the dispute or withdraw Solomon's nomination to serve a full term as NLRB general counsel.

The press conference followed a meeting between the lawmakers and more than 60 business leaders that was

convened to discuss the NLRB complaint, which alleges that Boeing unlawfully decided to locate some

manufacturing of its 787 Dreamliner jets in South Carolina in retaliation for the involvement of Washington

state employees in lawful economic strikes led by the International Association of Machinists.

“We are demanding that the president respond to what the NLRB has done, because this goes against everything

we know our American economy to be,” Haley said.

Sen. Rand Paul (R-Ky.) said he wants to ask President Obama whether the White House has assembled an

“enemies list” targeting Republican states.

Sen. Lamar Alexander (R-Tenn.) said he will offer legislation by the end of the week that would protect state

right-to-work laws and limit NLRB's authority, but Sen. Lindsey Graham (R-S.C.) said the president could “fix”

the Boeing litigation immediately by removing Solomon's nomination to a full term as NLRB general counsel.

Sen. Tom Harkin (D-Iowa), chairman of the Senate Health, Education, Labor and Pensions Committee, reacted

quickly to the criticism of NLRB, saying Republicans have attacked a “routine unfair labor practice charge”

with an “overly dramatic response” and “disturbing misinformation” that he said “has needlessly complicated

the legal process and distorted the public discussion of this case.”

Haley Calls NLRB Action an ‘Unbelievable Attack.'

Randy Johnson, senior vice president of labor, immigration, and employee benefits for the chamber, said

Boeing has finished building the facility in North Charleston, S.C., where a nonunion workforce is expected to

build three Dreamliners per month, while IAM-represented employees in the Puget Sound area build seven per

month. The union filed a March 2010 unfair labor practice charge alleging that the decision to move some

production from Washington to South Carolina was unlawful discrimination against the union-represented

workers, and NLRB's April 20 complaint against the company makes the same allegation (77 DLR AA-1,

4/21/11).

Calling the East Coast aircraft production new work that was not taken away from the IAM-represented

workers, Johnson said “the precedent that the NLRB is attempting to establish here is so fundamentally unsound

and troublesome that it cannot be ignored,” explaining the chamber's decision to host a meeting that several

speakers called an urgent session.

Haley told reporters that the Boeing dispute “is an issue that may have started in South Carolina, but we want to

make sure that it never touches another state.”

1

NLRB-FOIA-00000549

Stating that job creation will be “key” in the United States in coming years, Haley said the effect of the NLRB

complaint was to tell businesses that not only could they not do business in a right-to-work state, but that they

should create jobs overseas. “That's what the president is saying through Lafe Solomon,” Haley said.

President Obama “has got to speak up—we need to see leadership,” Haley added. The president, she said, “has

to tell us, if we can't create new jobs this way, how exactly are we supposed to create jobs.”

The South Carolina governor called the complaint against Boeing “an unbelievable attack on not just right-to-

work states but every state that is attempting to put their people to work.”

Lawmakers Defend Boeing, Criticize White House,

Graham said Boeing made the decision to locate some of its Dreamliner production in South Carolina after the

company received more orders than expected. “They had a dilemma of expanding businesses, which is a great

dilemma to have,” he said. The company consulted with the Washington state unions representing Boeing

employees, Graham said, but made a decision to locate its second assembly line in South Carolina after

considering its options, which included an attractive package of incentives from the state of South Carolina.

The senator said under the law the company had a right to make the decision it did, but NLRB's acting general

counsel has issued a complaint Graham called “chilling.” If a chief executive officer's remarks about the cost of

doing business in one location can prevent the firm from ever relocating to another location, he warned, “you're

going to destroy the economy.”

Graham commented that Bill Daley, former secretary of commerce during the Clinton administration and now

Obama's chief of staff, served on Boeing's board of directors in 2009 when the board approved the building of

Boeing's second production line in South Carolina. Graham argued that either the Obama “vetters” who

considered Daley for the White House job considered the NLRB complaint against Boeing without merit, or

“they went and hired someone who busts unions at the White House.”

The senator also said Obama named Boeing's Chief Executive Officer Jim McNerney to the President's Export

Council. The Daley and McNerney appointments, he said, are the “best evidence” that the NLRB complaint

against the aircraft manufacturer is frivolous.

Sen. Jim DeMint (R-S.C.) joined Haley and Graham, and called NLRB's action on the unfair labor practice

charge “pandering to unions,” while Rep. Joe Wilson (R-S.C.) complained that the NLRB action undermined

Haley's ability to recruit businesses to build in South Carolina. “Clearly,” Wilson said, Boeing's decision to

conduct some of its Dreamliner production in South Carolina “is not retaliation—this is creating jobs.”

Rand Paul began with a question for the president: “Mr. President, do you have an enemies list?” Paul

questioned whether the decision made in the Boeing case was made because the state “appears to be a

Republican state, with two Republican senators,” or whether the complaint was issued because South Carolina

is a right-to-work state.

Noting that Kentucky has two Republican senators, Paul asked, “Are we on your enemies list?” Questioning

whether the government was saying businesses could not locate in states that happened to be Republican, Paul

said “I find this appalling and I expect the president to immediately rescind this assault on business.”

Alexander Nearing Final Draft of Legislation

Sen. Lamar Alexander (R-Tenn.) said he, Graham, DeMint, and Paul are continuing to work on legislation, the

proposed Right to Work Protection Act (85 DLR A-10, 5/3/11), which he called important for every state in the

country and for manufacturers trying to determine whether they will be able to manufacture in the United States

the products they sell in this country.

“I can't think of one single action the federal government could take that would make it harder to bring new jobs

into Tennessee than this Boeing complaint, if it were to become the law,” Alexander said.

Alexander said Nissan and other automakers decided to build cars in right-to-work states in the Southeast

because of the “different union environment” offered in those states. Nissan now says it will make in the United

States 85 percent of what the company sells here, Alexander said, and said “that's what we want.”

Alexander said the draft legislation would strength the protection of right-to-work laws under the NLRA, and

would prevent NLRB from going forward with its case against Boeing “or attempting the same strategy against

other companies.” The legislation would limit the board from ordering an employer not to relocate jobs from

one location to another, he said, and would guarantee an employer's right to decide where it should do business.

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The Tennessee senator said the proposed legislation also would protect the right of an employer to engage in

free speech on the subject of the costs associated with having a unionized work force “without fear of such

communication being used as evidence in an anti-union discrimination case.”

Alexander said there have been a “number” of senators interested in the proposed Right to Work Act. He said a

draft of the bill will be circulated in the next day or two and he expects it to be introduced by the end of the

week. He observed that 22 states are right-to-work states and some have Democratic senators who may support

the bill.

Business Groups Join in Protest

John Engler, former Republican governor of Michigan and now president of the Business Roundtable, said his

group considers the NLRB complaint against Boeing a threat not only to the airplane builder, but to every

company headquartered in the United States.

Engler said his group represents companies with nearly $6 trillion in annual revenues and approximately 13

million employees. The group's view, he said is that the NLRB complaint is “wrong-headed” and unsupported

by legal precedent, but would establish an “ominous” precedent limiting the ability of companies to settle in the

most attractive and competitive business environments they can identify.

The Business Roundtable president asked NLRB to “step back” from the Boeing complaint, and suggested that

President Obama should clarify his position on the issue, while Congress acts on legislation to ensure “that this

never again should become an issue.”

Dan Yager, chief policy officer and general counsel of HR Policy Association, representing the chief human

resource officers of more than 320 U.S. companies, said his group has not seen the Boeing controversy as a

“right-to-work versus non-right-to-work issue.”

What happened in the case against Boeing, Yager said, is that the company has been penalized for being open

and discussing management concerns with the union representative of its Puget Sound employees before going

forward. The company had the right under its collective bargaining agreement to decide plant locations without

bargaining, Yager said, and simply tried to work issues out through discussions that were unsuccessful.

Yager said he believes that Boeing will win the unfair labor practice case brought against it. He said “if the

acting general counsel's view of labor relations is correct, of what the law is, then labor relations in this country

is much more broken that I certainly thought it was.”

Graham Calls for White House Intervention

In answer to a question about the president's role in a case that is being handled by an independent federal

agency, Graham said he understands NLRB's independence, but he said “this is legal slander, for lack of a better

word” and called the Boeing complaint “out of bounds when it comes to precedent.”

Graham said there was no precedent for a case like the one against Boeing because “nobody in their right mind

would make these conclusions unless you had an agenda beyond the law.”

Graham said the NLRB complaint “is going nowhere” and Boeing will stay in South Carolina. “The reason

we're pushing back,” he said, is that the president has made “some appointments” at NLRB that are “out of the

mainstream.” Graham said the consequences of the complaint against Boeing could be “absolutely devastating”

and said “political appointees have made job creating very difficult.”

“The president could fix this,” Graham said. “He could remove the nomination of Mr. Solomon, who will never

see the light of day in the Senate.”

Harkin Sees ‘Assault on the Middle Class.'

In a statement released shortly after the press conference, Harkin said “[w]hat we are really witnessing here is

another example of the Republican assault on the middle class that has been echoing across the country for

months now.”

“Instead of focusing on how we can get Americans working again and get the middle class back on its feet,

Republicans have chosen to spend their time attacking the handling of a routine unfair labor practice charge.

This overly dramatic response and the disturbing misinformation they are peddling has needlessly complicated

the legal process and distorted the public discussion of this case,” Harkin said.

The Iowa senator added that “opponents of workers' rights have also mischaracterized the fundamental issue at

stake, suggesting that this case represents an assault on ‘right to work' laws,” an assertion he called “just

factually incorrect.”
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NLRB-FOIA-00000551

Harkin said “unions are one of the few voices left in our society speaking up for the little guy, and if we let

powerful CEOs trample all over these rights without consequences, we might as well give up on having a

middle class altogether.”

Harkin said his Senate committee will hold a hearing Thursday on “why the middle class is increasingly

slipping out of reach for Americans.” The Boeing litigation will likely come up for discussion; among the

witnesses scheduled to appear are Boeing General Counsel J. Michael Luttig, who has been very critical of the

NLRB complaint, and Sarah Fox, a former Democratic NLRB member who now serves as legal counsel to the

AFL-CIO.

Solomon said in a May 9 statement on the NLRB website that the complaint against Boeing is “just the

beginning of a legal process” that will move forward to a hearing on June 14 and consideration by an

administrative law judge and the board. “We hope all interested parties respect the legal process, rather than

trying to litigate this case in the media and public arena,” he said.

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Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

Martin, Andrew

W ednesday, May 11, 2011 2:15 PM

Abruzzo, Jennifer; Ahearn, Richard L.; Ananthanayagam, Shanti; Arlook, Martin M.;

Baniszewski, Joseph; Barker, Joseph; Becker, Craig; Blyer, Alvin P.; Bonett Jr., Edward J.;

Boren, Dennis R.; Burton, Spence; Carlton, Peter J.; Chester, Robert W .; Christman Jr.,

Thomas J.; Cleeland, Nancy; Colwell, John F.; Cowen, W illiam B.; Dreeben, Linda J.; Eddins-

Hill, Rosalind Elaine; Englehart, Bob; Farrell, Ellen; Fedorova, Ioulia; Ferguson, John H.; Fies-

Keller, Cara L.; Figueroa, Marta; Flynn, Terence F.; Franklin, Kirk; Garza, Jose; Glasser,

Stephen M.; Gold, W ayne R.; Goldstein, Dawn; Gottschalk, Irving E.; Graham, David; Grant,

Regina; Griffin, Jill; Guest, Matt; Habenstreit, David; Hankins, Raymond; Hayes, Brian;

Heinzmann, Kym; HELTZER, LES (Hdqs); Hirozawa, Kent; Hollo, Elana R.; Hooks, Ronald K.;

Howard, Deidran; Jacob, Fred B.; James, Kathleen; Jones, Harry; Joseph, Gloria; Kane,

Robert F.; Karsh, Aaron; Katz, Judy; Kearney, Barry J.; Kelly, David A.; Kilpatrick, Elizabeth;

Kinard, Martha E.; Krafts, Andrew J.; Lee, Sydney A.; Lennie, Rachel G.; Levin, Nelson;

Levitan, Daniel; Ley, Rhonda; Lieber, Margery E.; Liebman, W ilma B.; Lightner, J. Michael;

Lineback, Rik D.; Martin, David P.; Mattina, Celeste J.; McDermott, James J.; McKinney, M.

Kathleen; Mills, Jacqueline; Moore-Duncan, Dorothy L.; Moran, Gail R.; Morgan, Terry A.;

Murphy, James R.; Ohr, Peter S.; Osthus, Marlin O.; Overstreet, Cornele; Pearce, Mark G.;

Purcell, Anne G.; Reynolds, Vanita S.; Rivchin, Julie Y.; Robinson, Miles A; Rosenberg,

Joshua; Saunders, Josh D; Schiff, Robert; Shapiro, Ken; Siegel, Richard A.; Simms, Abby;

Smith, Barry F.; Solomon, Lafe E.; Sophir, Jayme; Spector, Jennifer R.; Tellem, Elbert F.;

Tendrich, Robert; Thompson, Scott C.; Tuli, Manisha E.; W agner, Anthony R.; W illiams,

Harold; Yaffe, Deborah; Zick, Lara S.

Legal News FYI: Harry Reid Tells GOP To Stop Pressuring Independent Labor Agency

image001.jpg

Harry Reid Tells GOP To Stop Pressuring

Independent Labor Agency

Benjy Sarlin | May 11, 2011, 11:24AM

Senate Majority Leader Harry Reid (D-NV)

[Cancel]

Majority Leader Harry Reid (D-NV) defended the National Labor Relations Board on Wednesday amid a concentrated attack

from prominent Republicans around the country, accusing conservative critics of meddling with an independent federal agency.

"We need agencies like the NLRB to be able to operate freely and without political pressures," he said in a floor speech. "We

need to keep our independent agencies independent. This case is for them to decide, not us."
1

NLRB-FOIA-00000553

Led by Governor NIkki Haley (R-SC) and Sens. Lindsey Graham and Jim Demint (R-SC), Republicans have been waging an

increasingly loud battle against the NLRB over a lawsuit alleging that Boeing illegally retaliated against unions in Washington

State by opening a production line in South Carolina. Yesterday, they demanded at a press conference that the White House

condemn the suit, with Sen. Rand Paul (R-KY) even suggesting the president may be involved in a vast conspiracy to target

GOP states.

Reid said in his remarks that he was not defending the merits of the NLRB's case, only the neutrality and independence of the

NLRB in their handling of the law. He added that Republicans' attacks fed into a larger campaign against unions.

"They're threatened because when a large, organized group is so concerned with workers' rights, the members of that group vote

in large numbers. And because Republicans and the big businesses they defend so often try to take away workers' rights,

workers don't often vote Republican," he said. "But this kind of interference is inappropriate. It is disgraceful and dangerous.

We wouldn't allow threats to prosecutors or U.S. Attorneys, trying to stop them from moving forward with charges they see fit

to bring to the courts and we shouldn't stand for this."

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

2

NLRB-FOIA-00000554

NLRB-FOIA-00000555

Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

W ednesday, May 11, 2011 3:06 PM

Abruzzo, Jennifer; Ahearn, Richard L.; Ananthanayagam, Shanti; Arlook, Martin M.;

Baniszewski, Joseph; Barker, Joseph; Becker, Craig; Blyer, Alvin P.; Bonett Jr., Edward J.;

Boren, Dennis R.; Burton, Spence; Carlton, Peter J.; Chester, Robert W .; Christman Jr.,

Thomas J.; Cleeland, Nancy; Colwell, John F.; Cowen, W illiam B.; Dreeben, Linda J.; Eddins-

Hill, Rosalind Elaine; Englehart, Bob; Farrell, Ellen; Fedorova, Ioulia; Ferguson, John H.; Fies-

Keller, Cara L.; Figueroa, Marta; Flynn, Terence F.; Franklin, Kirk; Garza, Jose; Glasser,

Stephen M.; Gold, W ayne R.; Goldstein, Dawn; Gottschalk, Irving E.; Graham, David; Grant,

Regina; Griffin, Jill; Guest, Matt; Habenstreit, David; Hankins, Raymond; Hayes, Brian;

Heinzmann, Kym; HELTZER, LES (Hdqs); Hirozawa, Kent; Hollo, Elana R.; Hooks, Ronald K.;

Howard, Deidran; Jacob, Fred B.; James, Kathleen; Jones, Harry; Joseph, Gloria; Kane,

Robert F.; Karsh, Aaron; Katz, Judy; Kearney, Barry J.; Kelly, David A.; Kilpatrick, Elizabeth;

Kinard, Martha E.; Krafts, Andrew J.; Lee, Sydney A.; Lennie, Rachel G.; Levin, Nelson;

Levitan, Daniel; Ley, Rhonda; Lieber, Margery E.; Liebman, W ilma B.; Lightner, J. Michael;

Lineback, Rik D.; Martin, David P.; Mattina, Celeste J.; McDermott, James J.; McKinney, M.

Kathleen; Mills, Jacqueline; Moore-Duncan, Dorothy L.; Moran, Gail R.; Morgan, Terry A.;

Murphy, James R.; Ohr, Peter S.; Osthus, Marlin O.; Overstreet, Cornele; Pearce, Mark G.;

Purcell, Anne G.; Reynolds, Vanita S.; Rivchin, Julie Y.; Robinson, Miles A; Rosenberg,

Joshua; Saunders, Josh D; Schiff, Robert; Shapiro, Ken; Siegel, Richard A.; Simms, Abby;

Smith, Barry F.; Solomon, Lafe E.; Sophir, Jayme; Spector, Jennifer R.; Tellem, Elbert F.;

Tendrich, Robert; Thompson, Scott C.; Tuli, Manisha E.; W agner, Anthony R.; W illiams,

Harold; Yaffe, Deborah; Zick, Lara S.

Senator Reid's Full Statement

Newsroom

May 11, 2011

Reid: We Must Keep Independent Agencies Independent, Allow

Them To Operate Freely And Without Political Pressure

http://democrats.senate.gov/newsroom/record.cfm?id=332789&

Washington, D.C.–Nevada Senator Harry Reid made the following remarks today regarding the National

Labor Relations Board. Below are his remarks as prepared for delivery:

“In a partisan environment, there is the temptation turn every issue into a political issue. We certainly live in

one of those environments.

“That’s regrettable, but far from unfamiliar. Politics play a role in our representative government, of course,

and they always have. The Founders created a system of checks and balances – three branches of government,

for example, and two chambers of the Congress – precisely because they anticipated these passions. They

wanted to keep us from losing our way.

“Long after that system was created, a new independent federal agency was created in the same spirit of checks

and balances. That agency is the National Labor Relations Board, and it acts as a check on employers and

employees alike. It safeguards employees’ rights to unionize or not to unionize, if they so choose. It mediates

allegations of unfair labor practices. And it does all this independent of any outside influence.

“The acting general counsel of the NLRB is a man who is as nonpartisan and independent as the agency he

works for. Last month, he issued a complaint against one of America’s largest companies, Boeing. The
1

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complaint alleges that after Boeing workers in some states went on strike, the company retaliated by opening a

new production line in a non-union facility. That kind of retaliation, if that’s what happened, is illegal.

“That’s just the background. I’m not here to judge the merits of the case. In fact, I’m here to do the exact

opposite: to remind the Senate that prejudging the case is not our job. That would overstep long-established

boundaries and weaken our system of checks and balances.

“Lately, though, some of our Republican colleagues have attacked the NLRB and tried to poison the decision-

making process. They are interfering with case pending before a legal body.

“For example, every Republican Senator on the HELP Committee – the “L” in HELP stands for labor, of course

– sent the acting general counsel a letter defending Boeing. The letter itself, sent six weeks before a hearing

even takes place, seems questionable at best. But these 10 Republicans went further: they went out of their way

to link their request to the acting general counsel’s pending nomination. Sounds like intimidation to me.

“That’s not all. Eight state attorneys general, all Republicans, also signed a letter to the acting general counsel,

calling on him to withdraw the complaint against Boeing – again, long before an administrative judge has the

opportunity to review the case.

“I strongly encourage all of them to take a step back. We all know Republicans dislike organized labor. We

know they disdain unions because unions demand fairness and equality from the big businesses Republicans so

often shield at all costs.

“And let’s be honest: Republicans are threatened by unions. They’re threatened because when a large,

organized group is so concerned with workers’ rights, the members of that group vote in large numbers. And

because Republicans and the big businesses they defend so often try to take away workers’ rights, workers don’t

often vote Republican.

“But this kind of interference is inappropriate. It is disgraceful and dangerous. We wouldn’t allow threats to

prosecutors or U.S. Attorneys, trying to stop them from moving forward with charges they see fit to bring to the

courts. And we shouldn’t stand for this. It may not be illegal, but it’s no better than the retaliation and

intimidation that is the fundamental question in this case. It should stop.

“We need agencies like the NLRB to be able to operate freely and without political pressures. We need to keep

our independent agencies independent. This case is for them to decide, not us.”

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

2

NLRB-FOIA-00000557

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Pomerantz, Anne

Thursday, February 12, 2009 2:31 PM

ML-R19-Professionals (R); ML-RES-POR-Professionals (R); Schaff, David

ML-R19-Supervisors (R); ML-RES-POR-Supervisors (R); Hayashi, Minoru N.

Interesting article from the DLR this morning

Work Stoppages

Major Strikes, Lockouts in 2008 Idled

Fewer Workers, Caused More Lost Work Time

Major lockouts and strikes idled less than half as many employees in 2008 than the previous year but

resulted in 55 percent more lost workdays, according to figures released Feb. 11 by the Labor

Department's Bureau of Labor Statistics.

The number of new strikes or lockouts involving 1,000 workers or more declined last year to 15, down

from 21 in 2007 and the fewest since 14 in 2003, BLS reported.

Those initiated in 2008 idled 72,000 workers, 117,000 fewer than the 189,000 employees involved in

major work stoppages the prior year.

On the other hand, the amount of work time lost because of all major work stoppages that occurred

last year, including those that began in 2007 and continued in 2008, rose to almost 2.0 million days,

an increase of 55 percent from the 1.3 million lost workdays the preceding year.

Of the 15 strikes and lockouts initiated in 2008, 12 were in the private sector and three were in state

and local government, all in education. Private sector strikes and lockouts accounted for 84 percent of

all workers idled and 97 percent of total workdays lost, BLS said.

Within private industry, manufacturing accounted for the highest number of new work stoppages last

year, at six, followed by health care, with three.

Including one strike that began in 2007 and continued in 2008, 16 major work stoppages were in

effect for at least part of last year, down from 24 in 2007.

The largest work stoppage initiated last year in terms of both lost workdays and employees was the

International Association of Machinists' walkout at Boeing Co. plants in Washington and Oregon,

which idled 27,000 workers and resulted in just over 1 million days of lost work time. The strike ended

Nov. 1 when union members approved a new collective bargaining agreement (213 DLR A-10,

11/4/08).

The next largest work stoppage last year was the nationwide strike by the Writers Guild of America

against the Alliance of Motion Picture and Television Producers, lasting 68 days from November 2007

to February 2008, when union members ratified a new contract (39 DLR A-1, 2/28/08). Some 10,500

writers were idled, resulting in a total of 630,000 lost workdays over the entire period, about half in

2008.

The longest work stoppage that began in 2008 was the job action by the United Auto Workers against

American Axle & Manufacturing Holdings Inc., which idled 3,600 workers at plants in Michigan and

New York for 63 days. The strike, which ended May 22 after the company and the union reached a
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NLRB-FOIA-00000558

tentative agreement (97 DLR A-8, 5/20/08), also was the second largest in terms of lost work time, at

more than one-quarter million workdays.

The average duration of major work stoppages initiated last year was 14.9 days, up from 10.5 days

on average in 2007, but nine of the 15 new strikes or lockouts lasted 10 days or less.

Anne P. Pomerantz

Regional Attorney | National Labor Relations Board | Region 19

2948 Jackson Federal Building, 915 Second Ave., Seattle, WA 98174

 anne.pomerantz@nlrb.gov |  (206) 220-6311 | Fax: (206) 220-6305

2

NLRB-FOIA-00000559

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

David Campbell [campbell@workerlaw.com]

Friday, April 02, 2010 1:25 PM

Ahearn, Richard L.

Corson Christopher; mblondin@iamaw.org; tomw@iam751.org; Carson Glickman-Flora;

Kathy Barnard; Jude Bryan

Boeing Unfair Labor Practice Charges

Director Ahearn, We propose to meet with you and your staff regarding the latest Boeing charges at 1:30 PM on April 12,

2010 at your offices. Please advise if this will work with your schedule.

Thanks, Dave

Sincerely, David Campbell

campbell@workerlaw.com

18 W Mercer Suite 400

Seattle, W ashington 98119-3971

Phone (206)285-2828: FAX (206)378-4132

This communication is protected by the attorney client and attorney work-product privileges. Please do not copy, forward

or append.

1

NLRB-FOIA-00000560

Microsoft Outlook

From:

Sent:

To:

Subject:

Todd, Dianne

Thursday, August 05, 2010 6:56 PM

Ahearn, Richard L.; Jablonski, Colleen G.

RE: Boeing meeting

All set!

From: Ahearn, Richard L.

Sent: Thursday, August 05, 2010 3:50 PM

To: Todd, Dianne; Jablonski, Colleen G.

Subject: RE: Boeing meeting

Can we say 10:30 am??? I have an earlier RD /GC Conference call.

Rich

From: Todd, Dianne

Sent: Thursday, August 05, 2010 3:40 PM

To: Ahearn, Richard L.; Jablonski, Colleen G.

Subject: RE: Boeing meeting

Ok, how about 10:00, Wednesday, August 18?

From: Ahearn, Richard L.

Sent: Thursday, August 05, 2010 3:08 PM

To: Todd, Dianne; Jablonski, Colleen G.

Subject: RE: Boeing meeting

th

Let’s give Colleen a break from her hard week playing in SD and go for the 18
.

OK??????

Rich

From: Todd, Dianne

Sent: Thursday, August 05, 2010 2:48 PM

To: Ahearn, Richard L.; Jablonski, Colleen G.

Subject: Boeing meeting

Rich and Colleen

Well, Dave Campbell and the rest would still like to meet with you, in addition to meeting with Advice.

These are the dates and times they have available:

Mon., Aug. 16 in the morning

Tues., Aug. 17 after 2 p.m.

Wed., Aug. 18 in the morning

I am available to meet anytime. Once you give me your availabilities, I’ll get back to Dave.

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NLRB-FOIA-00000561

Thanks

Dianne

2

NLRB-FOIA-00000562

Microsoft Outlook

From:

Sent:

To:

Subject:

etravelservices@carlson.com

Tuesday, November 30, 2010 4:08 PM

Ahearn, Richard L.

Authorization 2270362 has been returned by your Approver. Please alter and re-submit

Dear RICHARD AHEARN,

Your travel authorization has been returned to you for revisions by approver: RUTH VALENTIN. Please make

the necessary changes and re-submit the authorization.

Please see the approver's instructions below.

Approver's Remarks/Instructions: Wrong CDC was given to you. Should be CDC 3029.

Trip ID : 2270362

Traveler : AHEARN, RICHARD

Destination: WASHINGTON, DC

TDY Type : Informational Meeting

Purpose : Meeting with Advice, the GC and Boeing Lawyers on December 12, 2010

Trip Dates : 2010-12-12 To 2010-12-14

Status : Revised Authorization

Thank you for using E2 Solutions. Help and support is available online by selecting the 'Find Answers' link.

Please note: Replies to this mailbox are not monitored.

Click here to log back into the System.

1

NLRB-FOIA-00000563

Microsoft Outlook

Exemption 6 - Privacy

From:

Sent:

To:

Subject:

Sunday, December 19, 2010 8:51 AM

Ahearn, Richard L.

seattletimes.com: Dreamliner's woes pile up

This message was sent to you by

Exemption 6 - Privacy

as a service of The Seattle Times

http://www.seattletimes.com.

----------------------------------------------------------------------

Dreamliner's woes pile up

As Boeing prepares to announce yet another delay for the 787 Dreamliner — at least three

months, possibly six or more — the crucial jet program is in even worse shape than it

appears.

http://seattletimes.nwsource.com/html/businesstechnology/2013713745_dreamliner19.html

======================================================================

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HOW TO ADVERTISE WITH THE SEATTLE TIMES COMPANY ONLINE For information on advertising in this

e-mail newsletter, or other online marketing platforms with The Seattle Times Company, call

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TO ADVERTISE IN THE SEATTLE TIMES PRINT EDITION Please go to

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1

NLRB-FOIA-00000564

Microsoft Outlook

From:

Sent:

To:

Subject:

Exemption 6 - Privacy

Sunday, December 19, 2010 8:53 AM

Ahearn, Richard L.

seattletimes.com: Dreamliner's woes pile up

This message was sent to you by
http://www.seattletimes.com.

Exemption 6 - Privacy

, as a service of The Seattle Times

----------------------------------------------------------------------

Dreamliner's woes pile up

As Boeing prepares to announce yet another delay for the 787 Dreamliner — at least three

months, possibly six or more — the crucial jet program is in even worse shape than it

appears.

http://seattletimes.nwsource.com/html/businesstechnology/2013713745_dreamliner19.html

======================================================================

TO SUBSCRIBE TO THE SEATTLE TIMES PRINT EDITION

Call (206) 464-2121 or 1-800-542-0820, or go to http://seattletimes.com/subscribe

HOW TO ADVERTISE WITH THE SEATTLE TIMES COMPANY ONLINE For information on advertising in this

e-mail newsletter, or other online marketing platforms with The Seattle Times Company, call

(206) 464-3237 or e-mail websales@seattletimes.com

TO ADVERTISE IN THE SEATTLE TIMES PRINT EDITION Please go to

http://www.seattletimescompany.com/advertise

for information.

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Copyright (c) 2009 The Seattle Times Company

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1

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Microsoft Outlook

From:

Sent:

To:

Subject:

etravelservices@carlson.com

Monday, January 03, 2011 10:14 AM

Ahearn, Richard L.

Voucher (Trip ID: 2270362, Voucher ID: 1) approved by VALENTIN, RUTH

Dear RICHARD AHEARN,

Your voucher was approved by VALENTIN, RUTH and is now awaiting approval from VALENTIN, RUTH.

Trip ID : 2270362

Voucher ID : 1

Traveler : AHEARN, RICHARD

Destination: WASHINGTON, DC

TDY Type : Informational Meeting

Purpose : Meeting with Advice, the GC and Boeing Lawyers on December 12, 2010

Voucher Dates : 2010-12-13 To 2010-12-15

Status : Pending Voucher Approval

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1

NLRB-FOIA-00000566

Microsoft Outlook

From:

Sent:

To:

Subject:

etravelservices@carlson.com

Monday, January 03, 2011 10:14 AM

Ahearn, Richard L.

Voucher (Trip ID: 2270362, Voucher ID: 1) approved by VALENTIN, RUTH

Dear RICHARD AHEARN,

Your voucher was approved by VALENTIN, RUTH and is now awaiting approval from SIEGEL, RICHARD

A.

Trip ID : 2270362

Voucher ID : 1

Traveler : AHEARN, RICHARD

Destination: WASHINGTON, DC

TDY Type : Informational Meeting

Purpose : Meeting with Advice, the GC and Boeing Lawyers on December 12, 2010

Voucher Dates : 2010-12-13 To 2010-12-15

Status : Pending Voucher Approval

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1

NLRB-FOIA-00000567

Microsoft Outlook

From:

Sent:

To:

Subject:

etravelservices@carlson.com

Monday, January 03, 2011 11:56 AM

Ahearn, Richard L.

Travel number 2270362 has been approved

Dear RICHARD AHEARN,

Approver RICHARD A SIEGEL has approved your travel voucher.

The 2270362 (1.0) status now: Voucher Pending Audit. Once approved by an auditor, a payment will be

scheduled (Status: Voucher Awaiting Payment). When the status is Closed Voucher, your payment has been

made.

Trip ID : 2270362

Traveler : AHEARN, RICHARD

Destination: WASHINGTON, DC

TDY Type : Informational Meeting

Purpose : Meeting with Advice, the GC and Boeing Lawyers on December 12, 2010

Trip Dates : 2010-12-13 To 2010-12-15

Status : Voucher Pending Audit

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1

NLRB-FOIA-00000568

Microsoft Outlook

From:

Sent:

To:

Subject:

etravelservices@carlson.com

Monday, January 03, 2011 12:49 PM

Ahearn, Richard L.

Voucher (Trip ID: 2270362, Voucher ID: 1) approved by auditor

Dear RICHARD AHEARN,

Auditor: AUDREY JAMES has approved your travel voucher.

Trip ID : 2270362

Voucher ID : 1

Traveler : AHEARN, RICHARD

Destination: WASHINGTON, DC

TDY Type : Informational Meeting

Purpose : Meeting with Advice, the GC and Boeing Lawyers on December 12, 2010

Voucher Dates : 2010-12-13 To 2010-12-15

Status : Voucher Awaiting Payment

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1

NLRB-FOIA-00000569

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Roberts, Crystal

Monday, January 10, 2011 8:57 AM

Ahearn, Richard L.; Snook, Dennis

Baniszewski, Joseph

Travel Order for Region 19 RD Rich Ahearn

Mr. Ahearn,

Here is your Travel Order Number and your CDC number for your secretary to prepare your

Travel Authorization for your trip to Washington, DC next week. Your TO# 60-11-22-077a

and your CDC# 3036.

If you have any questions please give me a call.

From: Baniszewski, Joseph

Sent: Friday, January 07, 2011 1:01 PM

To: Siegel, Richard A.

Cc: Roberts, Crystal; Ahearn, Richard L.; Snook, Dennis

Subject: Travel Order for Region 19 RD Rich Ahearn

Crystal,

Please prepare a travel order for Region 19 RD Rich Ahearn to travel to Washington January 18, 19

and 20, to meet with the General Counsel, Advice and lawyers representing the Machinists’ Union in

Boeing Corp., 19-CA-32431.

Rick,

Please note your approval and forward this E Mail to Crystal.

Thanks,

Joe

1

NLRB-FOIA-00000570

Microsoft Outlook

From:

Sent:

To:

Subject:

Harrell, Claude T.

W ednesday, March 02, 2011 3:23 PM

Ahearn, Richard L.

W hatever happened to your Boeing case?

Claude (Chip) Harrell

Regional Director

National Labor Relations Board

Region 14, St Louis and Peoria

1

NLRB-FOIA-00000571

Microsoft Outlook

From:

Sent:

To:

Subject:

Kearney, Barry J.

Friday, April 01, 2011 2:30 PM

Ahearn, Richard L.

FW : W hy am I not surprized

From: Kearney, Barry J.

Sent: Friday, April 01, 2011 2:29 PM

To: Solomon, Lafe E.; Mattina, Celeste J.

Cc: Farrell, Ellen; Sophir, Jayme

Subject: Why am I not surprized

I just received a call from Dave Campbell and Chris Corsen. The call they have been waiting for all week came today at

1:15 to Corsen from a Boeing lawyer in Seattle named Brent Gerry. Corsen wasn’t in and when he returned the call Gerry

was unavailable until 5pm. After the 5pm call I will be in contact with them

1

NLRB-FOIA-00000572

Microsoft Outlook

Cleeland, Nancy

Thursday, April 21, 2011 2:29 PM

Ahearn, Richard L.

RE: seattletimes.com: NLRB ruling: A speed bump on the race to the bottom

From:

Sent:

To:

Subject:

One of the better things I've read on this...

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

-----Original Message-----

From: Ahearn, Richard L.

Sent: Thursday, April 21, 2011 1:59 PM

To: Solomon, Lafe E.; Mattina, Celeste J.; Cleeland, Nancy; Kearney, Barry J.

Subject: seattletimes.com: NLRB ruling: A speed bump on the race to the bottom

----------------------------------------------------------------------

NLRB ruling: A speed bump on the race to the bottom

Excuse me for not getting hysterical over the National Labor Relations Board ruling that

Boeing violated federal labor law by building a second 787 line at a non-union plant in South

Carolina to retaliate against union workers here for past strikes.

http://seattletimes.nwsource.com/html/soundeconomywithjontalton/2014835671_nlrb_ruling_a_spee

d_bump_on_th.html

======================================================================

TO SUBSCRIBE TO THE SEATTLE TIMES PRINT EDITION

Call (206) 464-2121 or 1-800-542-0820, or go to http://seattletimes.com/subscribe

HOW TO ADVERTISE WITH THE SEATTLE TIMES COMPANY ONLINE For information on advertising in this

e-mail newsletter, or other online marketing platforms with The Seattle Times Company, call

(206) 464-3237 or e-mail websales@seattletimes.com

TO ADVERTISE IN THE SEATTLE TIMES PRINT EDITION Please go to

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for information.

======================================================================

Copyright (c) 2009 The Seattle Times Company

www.seattletimes.com

1

NLRB-FOIA-00000573

Microsoft Outlook

From:

Sent:

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Subject:

Exemption 6 Privacy
emailthis@ms3.lga2.nytimes.com on behalf of

Saturday, April 23, 2011 9:17 AM

Ahearn, Richard L.

NYTimes.com: Labor Board Case Against Boeing Points to Fights to Come

This page was sent to you by:
BUSINESS DAY

Exemption 6 Privacy

| April 23, 2011

Labor Board Case Against Boeing Points to Fights to Come

By STEVEN GREENHOUSE

The federal labor board has sought to reinterpret and more vigorously

enforce the rules governing employers and employees.

Advertisement

Copyright 2011 The New York Times Company | Privacy Policy

1

NLRB-FOIA-00000574

Microsoft Outlook

Exemption 6 Privacy

From:

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Subject:

Sunday, April 24, 2011 10:10 AM

Ahearn, Richard L.

seattletimes.com: Boeing's South Carolina 787 assembly line disappointing but not 'unfair'

This message was sent to you by

Exemption 6 Privacy

as a service of The Seattle Times

http://www.seattletimes.com.

----------------------------------------------------------------------

Boeing's South Carolina 787 assembly line disappointing but not 'unfair'

The Seattle Times editorial board does not support the National Labor Relations Board's move

against Boeing.

http://seattletimes.nwsource.com/html/editorials/2014850924_edit24boeing.html

======================================================================

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======================================================================

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www.seattletimes.com

1

NLRB-FOIA-00000575

Microsoft Outlook

Mattina, Celeste J.

Monday, April 25, 2011 7:20 AM

Ahearn, Richard L.

RE: seattletimes.com: Boeing's South Carolina 787 assembly line disappointing but not

'unfair'

From:

Sent:

To:

Subject:

thanks.

the comments are almost as interesting as the article.

________________________________________

From: Ahearn, Richard L.

Sent: Sunday, April 24, 2011 2:57 PM

To: Solomon, Lafe E.; Mattina, Celeste J.; Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen

Subject: FW: seattletimes.com:

Boeing's South Carolina 787 assembly line disappointing but

not 'unfair'

-----Original Message-----

From:

Exemption 6 Privacy

Sent: Sunday, April 24, 2011 7:10 AM

To: Ahearn, Richard L.

Subject: seattletimes.com: Boeing's South Carolina 787 assembly line disappointing but not

'unfair'

This message was sent to you by

Exemption 6 Privacy

as a service of The Seattle Times

http://www.seattletimes.com.

----------------------------------------------------------------------

Boeing's South Carolina 787 assembly line disappointing but not 'unfair'

The Seattle Times editorial board does not support the National Labor Relations Board's move

against Boeing.

http://seattletimes.nwsource.com/html/editorials/2014850924_edit24boeing.html

======================================================================

TO SUBSCRIBE TO THE SEATTLE TIMES PRINT EDITION Call (206) 464-2121 or 1-800-542-0820, or go

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HOW TO ADVERTISE WITH THE SEATTLE TIMES COMPANY ONLINE For information on advertising in this

e-mail newsletter, or other online marketing platforms with The Seattle Times Company, call

(206) 464-3237 or e-mail websales@seattletimes.com

TO ADVERTISE IN THE SEATTLE TIMES PRINT EDITION Please go to

http://www.seattletimescompany.com/advertise

for information.

======================================================================

Copyright (c) 2009 The Seattle Times Company

www.seattletimes.com

1

NLRB-FOIA-00000576

Microsoft Outlook

From:

Sent:

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Subject:

emailthis@ms3.lga2.nytimes.com on behalf of
Tuesday, April 26, 2011 10:50 AM

Ahearn, Richard L.

NYTimes.com: Boeing and the N.L.R.B.

This page was sent to you by:
OPINION

Exemption 6 Privacy

Exemption 6 Privacy

| April 26, 2011

Editorial: Boeing and the N.L.R.B.

Is a move to South Carolina a way to avoid unions or retaliation against

them?

Copyright 2011 The New York Times Company | Privacy Policy

1

NLRB-FOIA-00000577

Microsoft Outlook

From:

Sent:

To:

Subject:

Exemption 6 Privacy

Tuesday, April 26, 2011 11:10 AM

Ahearn, Richard L.

seattletimes.com: Boeing still struggling with 787

This message was sent to you by

Exemption 6 Privacy

as a service of The Seattle Times

http://www.seattletimes.com.

----------------------------------------------------------------------

Boeing still struggling with 787

While Boeing may meet its deadline to deliver the first 787 to All Nippon Airways of Japan

before Sept. 30, the production pace projected for 2011 appears out of reach.

http://seattletimes.nwsource.com/html/businesstechnology/2014875561_boeing26.html

======================================================================

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e-mail newsletter, or other online marketing platforms with The Seattle Times Company, call

(206) 464-3237 or e-mail websales@seattletimes.com

TO ADVERTISE IN THE SEATTLE TIMES PRINT EDITION Please go to

http://www.seattletimescompany.com/advertise

for information.

======================================================================

Copyright (c) 2009 The Seattle Times Company

www.seattletimes.com

1

NLRB-FOIA-00000578

Microsoft Outlook

From:

Sent:

To:

Subject:

Google Alerts [googlealerts-noreply@google.com]

Thursday, April 28, 2011 7:19 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Pawlenty criticizes Obama over labor board's Boeing lawsuit

The Hill (blog)

By Keith Laing - 04/28/11 05:20 PM ET Likely Republican presidential candidate Tim Pawlenty used a recent decision by the

National Labor Relations Board (NLRB) to criticize President Obama for being too friendly with unions. In an op-ed written for the

...

See all stories on this topic »

Uncivil War: States' Attorneys General Rip Into Union-Controlled NLRB in Letter

RedState

President Obama's union-controlled NLRB isn't making any friends these days (unless you count union bosses, of course). Earlier this

week, Obama's labor board filed its lawsuit against Arizona and South Dakota for those states' voters having the gall ...

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1

NLRB-FOIA-00000579

Microsoft Outlook

From:

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Subject:

Google Alerts [googlealerts-noreply@google.com]

Thursday, April 28, 2011 11:44 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

US Labor Board Urged by States to Drop Boeing Complaint

Bloomberg

By Stephanie Armour - Thu Apr 28 23:46:00 GMT 2011 The National Labor Relations Board should “withdraw immediately” a

complaint against Boeing Co. (BA) that alleges the company retaliated against union employees, attorneys general in nine states said

...

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1

NLRB-FOIA-00000580

Microsoft Outlook

From:

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Google Alerts [googlealerts-noreply@google.com]

Friday, April 29, 2011 4:55 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Business lobby: 'No company safe' if NLRB wins vs. Boeing

Bizjournals.com

WASHINGTON -- Business groups accused the National Labor Relations Board of pursuing a pro-union agenda by issuing a

complaint against the Boeing Co. for moving some of its aircraft production to South Carolina, a right-to-work state. ...

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1

NLRB-FOIA-00000581

Microsoft Outlook

From:

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Subject:

Google Alerts [googlealerts-noreply@google.com]

Friday, April 29, 2011 8:30 AM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Eight Attorneys General Call on NLRB to Withdraw Boeing Complaint

Shopfloor

Attorney General Alan Wilson of South Carolina and eight other state attorneys general have a written a sharp letter to the National

Labor Relations Board calling on the NLRB to immediately withdraw its complaint against Boeing as “an assault upon the ...

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NLRB, States Spar Over Union Ballots

Corporate Counsel

That was the message the National Labor Relations Board sent four state attorneys general last Friday in response to their refusal to

back down on secret ballot union elections. For months, the agency has been negotiating with Arizona, South Dakota, ...

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1

NLRB-FOIA-00000582

Microsoft Outlook

From:

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Subject:

Google Alerts [googlealerts-noreply@google.com]

Friday, April 29, 2011 1:32 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Attorneys general ask NLRB to withdraw complaint

Charleston Regional Business

By Matt Tomsic Nine attorneys general — led by South Carolina's Alan Wilson — are calling for the National Labor Relations

Board to withdraw its complaint against The Boeing Co. for its expansion to North Charleston. The attorneys general sent a ...

See all stories on this topic »

NFL labor decision could hold clues to what NBA will face

NBA.com

She also dismissed the NFL's argument that her court didn't have jurisdiction over the case and that the National Labor Relations

Board should hear the case. Nor did she accept the league's contention that a long-established law -- called the ...

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1

NLRB-FOIA-00000583

Microsoft Outlook

From:

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Subject:

Google Alerts [googlealerts-noreply@google.com]

Friday, April 29, 2011 5:30 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Wilson, others urge labor board to withdraw complaints against Boeing in SC

WACH

The National Labor Relations Board claims Boeing decided to move a 787 assembly plant to South Carolina because it was

concerned about strikes by union workers in Washington State. According to a release from Wilson's office, the board is prohibited ...

See all stories on this topic »

Thomson Reuters Settles with Union, Avoids Federal Labor Charges

Adweek

To avoid facing formal federal labor charges, Thomson Reuters has agreed to pay $7.6 million in lost pay to employees, according to

the New York Newspaper Guild. The National Labor Relations Board had been considering charging the news organization ...

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1

NLRB-FOIA-00000584

Microsoft Outlook

From:

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Google Alerts [googlealerts-noreply@google.com]

Friday, April 29, 2011 10:16 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

NLRB complains about Boeing's move to South Carolina

The Seattle Times

While politicians and pundits rant and rave about acting National Labor Relations Board (NLRB) Acting General Counsel Lafe

Solomon's decision to issue a complaint against Boeing for moving production away from a unionized facility in Washington state ...

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1

NLRB-FOIA-00000585

Microsoft Outlook

From:

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To:

Subject:

Google Alerts [googlealerts-noreply@google.com]

Saturday, April 30, 2011 7:20 AM

Ahearn, Richard L.

Google Alert - National labor relations board

4 new results for National labor relations board

News

States blast NLRB suit

Charleston Post Courier

AP The NLRB lawsuit targets Boeing's new 787 plant in at Charleston International Airport, where the logo on the side
Charleston Post

of the massive building recently received a coat of blue paint. Production is expected to start in July. ...

Courier

See all stories on this topic »

NLRB Complaint: 'A Reckless Effort to Placate a Political Ally'

Shopfloor

Tom Price (R-GA) led an attempt to defund the National Labor Relations Board in the US House earlier this year, and he continues

to vigorously criticize the board following the NLRB's complaint against Boeing for locating new production facilities in ...

See all stories on this topic »

Obama's NLRB Stretches the Law to Push Pro-Union Agenda

American Spectator (blog)

By Ivan Osorio on 4.29.11 @ 2:33PM How far is the Obama administration willing to go to promote organized labor's agenda? The

National Labor Relations Board's (NLRB) recent decisions to pursue legal action against a private company and some state ...

See all stories on this topic »

AGs to federal labor board: Get off Boeing's back

Legal News Line

BY JOHN O'BRIEN WASHINGTON (Legal Newsline) - Nine state attorneys general want the National Labor

Relations Board to withdraw a complaint against Boeing. The NLRB is upset that Boeing decided to assemble 787

Dreamliner airplanes in a South Carolina ...

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NLRB-FOIA-00000586

Microsoft Outlook

From:

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Exemption 6 Privacy

Tuesday, May 03, 2011 12:39 PM

Ahearn, Richard L.

seattletimes.com: Machinists file unfair labor charge against Boeing over Charleston

This message was sent to you by

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as a service of The Seattle Times

http://www.seattletimes.com.

----------------------------------------------------------------------

Machinists file unfair labor charge against Boeing over Charleston

The Machinists union has filed a complaint against Boeing with the National Labor Relations

Board (NLRB), charging that the company was retaliating for a 2008 union strike when it

decided last fall to put a second Dreamliner assembly line in Charleston, S.C., rather than

Everett.

http://seattletimes.nwsource.com/html/businesstechnology/2012034258_boeing05.html

======================================================================

TO SUBSCRIBE TO THE SEATTLE TIMES PRINT EDITION

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e-mail newsletter, or other online marketing platforms with The Seattle Times Company, call

(206) 464-3237 or e-mail websales@seattletimes.com

TO ADVERTISE IN THE SEATTLE TIMES PRINT EDITION Please go to

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for information.

======================================================================

Copyright (c) 2009 The Seattle Times Company

www.seattletimes.com

1

NLRB-FOIA-00000587

Microsoft Outlook

From:

Sent:

To:

Subject:

Cleeland, Nancy

Tuesday, May 03, 2011 2:27 PM

Ahearn, Richard L.

RE: seattletimes.com: Machinists file unfair labor charge against Boeing over Charleston

Hi - have you got a few minutes to chat by phone? I'm at 202-273-0222, whenever you can call.

Thanks, Nancy

________________________________________

From: Ahearn, Richard L.

Sent: Tuesday, May 03, 2011 12:44 PM

To: Solomon, Lafe E.; Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme;

Mattina, Celeste J.; Abruzzo, Jennifer; Garza, Jose

Subject: seattletimes.com: Machinists file unfair labor charge against Boeing over Charleston

The full article to which Luttig refers.

Rich

-----Original Message-----

From:

Exemption 6 Privacy

Sent: Tuesday, May 03, 2011 9:39 AM

To: Ahearn, Richard L.

Subject: seattletimes.com: Machinists file unfair labor charge against Boeing over Charleston

This message was sent to you by

Exemption 6 Privacy

as a service of The Seattle Times

http://www.seattletimes.com.

----------------------------------------------------------------------

Machinists file unfair labor charge against Boeing over Charleston

The Machinists union has filed a complaint against Boeing with the National Labor Relations

Board (NLRB), charging that the company was retaliating for a 2008 union strike when it

decided last fall to put a second Dreamliner assembly line in Charleston, S.C., rather than

Everett.

http://seattletimes.nwsource.com/html/businesstechnology/2012034258_boeing05.html

======================================================================

TO SUBSCRIBE TO THE SEATTLE TIMES PRINT EDITION Call (206) 464-2121 or 1-800-542-0820, or go

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e-mail newsletter, or other online marketing platforms with The Seattle Times Company, call

(206) 464-3237 or e-mail websales@seattletimes.com

TO ADVERTISE IN THE SEATTLE TIMES PRINT EDITION Please go to

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for information.

======================================================================
1

NLRB-FOIA-00000588

Copyright (c) 2009 The Seattle Times Company

www.seattletimes.com

2

NLRB-FOIA-00000589

Microsoft Outlook

From:

Sent:

To:

Subject:

Google Alerts [googlealerts-noreply@google.com]

Tuesday, May 03, 2011 5:53 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Right To Work: Senate Republicans Pick Fight With Labor Board

Huffington Post

WASHINGTON -- Senate Republicans introduced legislation Tuesday aimed at strengthening "right-to-work" laws in the wake of a

complaint filed by the National Labor Relations Board against Boeing. Sen. Lindsey Graham (RS.C.) also took a number of shots ...

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1

NLRB-FOIA-00000590

Microsoft Outlook

From:

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W ednesday, May 04, 2011 6:02 AM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

NLRB charge against Boeing like a bad joke

HeraldNet

By Richard S. Davis The National Labor Relations Board's recent challenge to Boeing over the second 787 production line is

malign nonsense. Laughably meritless on its face, it nonetheless poses a serious threat to both economic recovery and economic ...

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NLRC says labor peaceful in Aklan

Philippine Information Agency

by Venus G. Villanueva KALIBO, Aklan, May 4 (PIA) -- The province of Aklan has a peaceful labor climate, according to the

National Labor Relations Commission (NLRC) here. This is evident with the decline in the number of filed cases by Aklan workers

...

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1

NLRB-FOIA-00000591

Microsoft Outlook

From:

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Google Alerts [googlealerts-noreply@google.com]

W ednesday, May 04, 2011 10:32 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

NLRB's Complaint Against Boeing Inspires Senators' Legislation

Shopfloor

Lamar Alexander (R-TN) announced on the floor of the Senate Tuesday that he and the two Senators from South Carolina, Lindsey

Graham and Jim DeMint, would be introducing legislation today inspired by the National Labor Relations Board's unprecedented,

...

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NLRB-FOIA-00000592

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Cleeland, Nancy

W ednesday, May 04, 2011 11:25 AM

Kearney, Barry J.; Ahearn, Richard L.

ap questions

Hello there,

Exemption 5
Sam Hananel of the AP is writing this morning about the Boeing letter and wants to know:

Is this unusual? (for a respondent to write a letter like this?

Exemption 5

Has Boeing filed a formal response to the complaint? If not yet, when is it due?

And will we have any response to this letter?

Thanks for any help you can provide.

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

1

NLRB-FOIA-00000593

Microsoft Outlook

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W ednesday, May 04, 2011 1:46 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Boeing slams labor board over complaint

The Associated Press

The company is urging the National Labor Relations Board to withdraw a complaint that accuses Boeing of locating a new plant in

South Carolina in part to avoid future labor disruptions in Washington state. Boeing says its decision to place a new 787 ...

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NLRB-FOIA-00000594

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W ednesday, May 04, 2011 4:00 PM

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Boeing Slams Labor Board Over Union Complaint

Fox News

The letter, obtained by FoxNews.com, accused the National Labor Relations Board of misquoting Boeing executives

in the course of building its case and called on the board to correct the record. "Through these misquotations and

Fox News

mischaracterizations, ...

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W ednesday, May 04, 2011 7:36 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Boeing lawyer rejects NLRB charges in 787 case

The Seattle Times

In a forceful letter to the National Labor Relations Board (NLRB), top Boeing lawyer Michael Luttig rejected the labor agency's

complaint against the company's opening of a South Carolina 787 plant, writing that its charges "fundamentally misquote or ...

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Major Union Victory for Rite Aid Workers Offers Roadmap for Labor Movement

AlterNet

They asked a delay of over 18 months from the National Labor Relations Board (NLRB) on scheduling a vote so that they could

have more time to run intimidation sessions to make workers weary of joining a union. Finally after two years of organizing and ...

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Thursday, May 05, 2011 2:39 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Presidentmust fix the NLRB

Charleston Post Courier

Unfortunately, recent actions by your handpicked political appointees at the National Labor Relations Board are making it more

difficult for America to win the future. The NLRB, at the behest of Acting General Counsel Lafe Solomon, ...

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Thursday, May 05, 2011 6:16 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Labor Board Tells Boeing New Factory Breaks Law

New York Times

By STEVEN GREENHOUSE In what may be the strongest signal yet of the new pro-labor orientation of the National Labor

Relations Board under President Obama, the agency filed a complaint Wednesday seeking to force Boeing to bring an airplane

production ...

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Thursday, May 05, 2011 10:42 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Labor Board Continues To Warn Companies Not To Fire People Based On Tweets

Techdirt

Earlier this year, we wrote about how the National Labor Relations Board (the NLRB) had noted that a post on Facebook

complaining about a boss represented "protected concerted activity" under the NLRA and thus you couldn't be fired for that. ...

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Boeing fires back over suit with letter

Charleston Post Courier

J. Michael Luttig, general counsel for the aerospace giant, called for National Labor Relations Board acting general counsel Lafe E.

Solomon to withdraw his complaint. In a six-page letter released by Boeing on Tuesday, Luttig lashed out at Solomon, ...

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Friday, May 06, 2011 1:28 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Obama's man on the NLRB supports 'restraining the free flow of capital'

Pajamas Media

One could argue in return that this is just Becker in law school years ago, but the Boeing case points strongly toward Becker not only

maintaining this belief today, but using his position on the National Labor Relations Board to put it into effect. ...

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Lion Television unionizes under WGAe

Variety

The WGA East announced Friday that Lion had agreed to recognize the guild as the bargaining agent for the employees in the wake of

the National Labor Relations Board certifying the results of an NLRB-supervised election in which employees voted for WGA ...

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NLRB-FOIA-00000600

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Friday, May 06, 2011 3:44 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Heritage Employment Report: April Jobs Report Shows Showers, not Flowers

Heritage.org

President Obama's National Labor Relations Board (NLRB) just issued a complaint against Boeing Corp. for expanding and

creating 1000 new jobs in South Carolina. Boeing's Washington State operations are unionized, and the International Association of ...

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DC Nurses and the Fight for Health Care

CounterPunch

After management shut down their meeting on April 15, the union immediately filed Unfair Labor Practice charges against WHC at

the National Labor Relations Board, calling the hospital's actions unlawful. Beginning Friday, the nurses were planning on ...

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NLRB-FOIA-00000601

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Friday, May 06, 2011 5:16 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Hatch: 'We're going to win' against NLRB in South Carolina

Daily Caller

Orrin Hatch, Utah Republican, expressed confidence that Republicans will win the fight against the National Labor Relations Board

(NLRB) power grab in South Carolina. “We're going to win that one,” Hatch told The Daily Caller, referring to the NLRB's ...

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Republican Hopefuls Attack Obama on National Security at First Debate

Bloomberg

On an issue generating controversy in South Carolina, Pawlenty and Cain criticized a decision by the National Labor Relations

Board to file a union-retaliation complaint against Boeing Co. for building an airplane factory in the state rather than a ...

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Saturday, May 07, 2011 12:19 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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NLRB Sues Boeing, and Why South Carolina's Loss May Be America's Too

Town Hall

The National Labor Relations Board – these days known by many of its critics as the National Organized Labor

Relations Board – must have a pretty broad definition of the words “coercion” and “retaliation.” And should it prevail

Town Hall

in court, ...

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Republicans Try to Silence NLRB in Boeing Case

Firedoglake

That's driving a lot of attention around the NLRB lawsuit against Boeing for moving a factory to South Carolina specifically to avoid

unionization. A group of 19 Republican senators is vowing to defeat two of President Barack Obama's nominations for ...

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NLRB-FOIA-00000603

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Saturday, May 07, 2011 1:21 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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News

Daily Media Spotlight -- May 6

Americans for Tax Reform

While controversial considerations and rulemakings by the National Labor Relations Board (NLRB)…have gone relatively

unnoticed, the Board's recent Boeing decision has propelled the agency to the forefront of political discussions… In a bold move, ...

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NLRB-FOIA-00000604

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Saturday, May 07, 2011 3:14 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Boeing issues blanket denial to NLRB allegations

Charleston Regional Business

By Matt Tomsic A day after Boeing's lead attorney sent a scathing letter to the National Labor Relations Board, the company has

filed a legal response, denying nearly every allegation in a complaint over the company's plant in North Charleston. ...

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GOP senators vow to block labor board nominees

Greenville News

2011 2:00AM Accusing the administration of an assault on business, 19 Republican US senators have urged President Obama to

withdraw his nominations to the National Labor Relations Board following the agency's complaint against the Boeing Co. ...

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NLRB-FOIA-00000605

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Saturday, May 07, 2011 5:09 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Republicans Threaten NLRB Nominations

WTMA

(WASHINGTON) -- The National Labor Relations Board (NLRB) and the International Association of Machinists and Aerospace

Workers (IAM) have filed a complaint against Boeing because they are planning to build their 787 Dreamliner in Charleston instead

of ...

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Saturday, May 07, 2011 7:25 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Pressure Mounts Over 'Preposterous' NLRB Complaint Against Boeing

Shopfloor

Nikki] Haley played a supporting role as the Fox News moderators took up her challenge to presidential candidates to weigh in on a

National Labor Relations Board complaint against Boeing Charleston's plant. Pawlenty jumped first, claiming President ...

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Saturday, May 07, 2011 10:35 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Boeing Complaint: Hatch Challenges Appointment, Authority of NLRB'sGeneral Counsel

Shopfloor

President Obama skirted federal law and established procedures to appoint Lafe Solomon to serve as Acting General

Counsel of the National Labor Relations Board, Sen. Orrin Hatch (R-UT) charged this week, calling on the President

to withdraw Solomon's ...

Shopfloor

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19 GOP Senators Commit to Defeating Obama's Top NLRB Picks

Center for Union Facts

The National Labor Relations Board's (NLRB) legal efforts to derail The Boeing Company from opening a new

production plant in South Carolina, a right-to-work state, has prompted 19 Republican senators to retaliate against

Center for Union

Facts

President Obama and his ...

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NLRB-FOIA-00000608

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Sunday, May 08, 2011 1:16 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Agency rebuke of Boeing sets labor battle

Oregon Business News (press release)

But Graham and millions of small-business owners may be in store for even more bureaucratic muscle-flexing by the National Labor

Relations Board (NLRB), now dominated by the President's pro-union appointees. The NLRB has recently begun interpreting ...

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Squeeze play: Union should back off Boeing in SC

Sun-Sentinel

As has become painfully obvious in recent years, the Democratic Party is a wholly-owned subsidiary of unionized labor, and the

unions are calling in a chit. The payback is coming from the Democrat-controlled National Labor Relations Board, ...

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NLRB-FOIA-00000609

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Sunday, May 08, 2011 6:11 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Boeing 787 facility in political tug-of-war

Financial Times

Nineteen senators are threatening to block President Barack Obama's two appointments to the National Labor

Relations Board – the federal agency in charge of investigating unfair labour practices – after the organisation filed a

complaint last month ...

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Financial Times

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NLRB-FOIA-00000610

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Sunday, May 08, 2011 9:37 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Defending defending America: Obama's NLRB v. Boeing

Washington Examiner

Part of that argument ought to be a vigorous defense of Boeing, now in the cross hairs of the president's Alinskyite appointees at the

National Labor Relations Board. During the first Republican presidential debate, former Minnesota Gov. ...

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Monday, May 09, 2011 12:25 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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EDITORIAL: Labor board move could cost jobs

Crain's Detroit Business

Now the threat is from regulatory actions, such as the National Labor Relations Board's attempt to block Boeing Co. from opening

new production facilities in South Carolina, a right-to-work state. Boeing hopes to open in July the new plant to increase ...

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NLRB-FOIA-00000612

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Monday, May 09, 2011 11:32 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Less Rhetoric and More of the Law in the NLRB's Boeing Action

Huffington Post (blog)

The complaint that the National Labor Relations Board (NLRB) issued against the Boeing Company on April 20th has touched off

a storm of comment and controversy, much of it wrong. We need to get past rhetoric and look at what the case is really about. ...

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National Labor Relations Board Maintains Consistency in Preemption

American Progress Action Fund

National Labor Relations Board Chairman Wilma B. Liebman sits in a conference room at NLRB headquarters in

Washington. By David Madland | May 9, 2011 On Friday, the National Labor Relations Board, or NLRB, sued the

states of Arizona and South Dakota ...

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American Progress

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Monday, May 09, 2011 5:04 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Boeing Complaint: Solomon, NLRB Dig In Against Republican critics

Huffington Post

Facing an onslaught of criticism from Republican lawmakers and corporate interests, National Labor Relations Board acting general

counsel Lafe Solomon today defended his decision to file a complaint against Boeing after the company moved a production ...

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NLRB pursues secret-ballot lawsuit in AZ

Charleston Regional Business

By Ashley Fletcher Frampton As promised earlier this year, the National Labor Relations Board on Friday filed a lawsuit

challenging an Arizona constitutional amendment on secret-ballot votes for union elections. A similar lawsuit against South Dakota ...

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NLRB gives Backus until May 23 to answer latest union complaint

Norwich Bulletin

By JAMES MOSHER The National Labor Relations Board has given The William W. Backus Hospital until May 23 to answer a

union complaint that was filed last week. NLRB Regional Director Jonathan Kreisberg issued the notice Monday and set a hearing

date of ...

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Ahearn, Richard L.

Acting General Counsel Lafe Solomon releases statement on Boeing complaint | NLRB

http://www.nlrb.gov/news/acting-general-counsel-lafe-solomon-releases-statement-boeing-

complaint

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NLRB-FOIA-00000615

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Monday, May 09, 2011 8:08 PM

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Google Alert - National labor relations board

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Guest columnist Boeing shouldn't blame NLRB for doing its job

The Seattle Times

The National Labor Relations Board was merely doing its job when it charged Boeing with making an illegal transfer of work to

South Carolina for a second 787 production line, writes guest columnist Jeff Johnson, president of the Washington State Labor ...

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Monday, May 09, 2011 10:36 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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New Boeing plant sparks uproar

Washington Times

By Tim Devaney Neither side is budging in an increasingly bitter fight over aerospace giant Boeing's plans to start

production on its 787 Dreamliner fleet at a new $2 billion plant in South Carolina - a move the National Labor

Relations Board says was ...

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Washington Times

NFL challenges judge's jurisdiction in labor case

Gilroy Dispatch

The NFL believes that the Norris-LaGuardia Act prohibits judges from issuing injunctions in labor disputes, and

contends that the National Labor Relations Board should first rule on whether the NFL Players Association's

Gilroy Dispatch

decertification was a sham. ...

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NLRB-FOIA-00000617

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Tuesday, May 10, 2011 12:52 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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NLRB Attack on Right-to-Work States is Bad Politics and Worse Economics

Town Hall

Defying efforts by both small and large businesses to create jobs and protect workers, whether union or non-union,

President Obama's labor board, namely the National Labor Relations Board (NLRB) has undertaken an assault

Town Hall

against non-union jobs created ...

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Labor notes | South Carolina, Washington state lawmakers tussle over Boeing work

Kansas City Star

Lawmakers from South Carolina and Washington state feuded over a bid by the top lawyer for the National Labor Relations Board

to prevent Boeing from making Dreamliner 787s at a non-union plant near Charleston, SC, instead of at its current hub in ...

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NLRB-FOIA-00000618

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Tuesday, May 10, 2011 9:05 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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How Boeing's South Carolina Employees Can Strike Back

Big Government

by LaborUnionReport There's been a lot of ink spilled of late over the union-controlled National Labor Relations Board's decision

to prosecute Boeing for allegedly locating its second 787 assembly plant in South Carolina in retaliation for the ...

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NLRB Sues Arizona Over Union Law

Courthouse News Service

By JAMIE ROSS PHOENIX (CN) - The National Labor Relations Board sued Arizona, claiming a constitutional amendment voters

approved in November violates the National Labor Relations Act and the Supremacy Clause of the US Constitution "because it ...

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NLRB-FOIA-00000619

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Tuesday, May 10, 2011 3:01 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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GOP Senators, SC Gov. Nikki Haley call on Obama to address NLRB's Boeing case

Daily Caller

If Obama doesn't publicly state that, Daley and McNerney could be viewed as a “violation of the law” if the National Labor

Relations Board (NLRB) succeeds in its complaints against Boeing according to Graham. Graham added that an NLRB victory

would ...

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Labor board sues Arizona over new union law

Verde Independent

PHOENIX -- Claiming preemption by federal law, the National Labor Relations Board filed suit Friday to void a voter-approved

state constitutional amendment spelling out that unions can be formed in Arizona only by secret ballot. ...

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Sen. Orrin Hatch slams National Labor Relations Board

Deseret News

Orrin Hatch, R-Utah, has joined a heated labor dispute that is reverberating across the country. On Tuesday, Hatch penned an op-ed

piece in National Review attacking the National Labor Relations Board's recent decision to file a complaint against ...

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NLRB-FOIA-00000620

Microsoft Outlook

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Tuesday, May 10, 2011 4:31 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Nikki Haley, Rand Paul: NLRB's Boeing Complaint An 'Attack,' 'Assault' On ...

Huffington Post

C.) joined a coalition of business interests and Republican lawmakers Tuesday in bashing the National Labor Relations Board for

filing a controversial complaint against the Boeing Company last month. At a press conference in the US Chamber of Commerce ...

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NLRB-FOIA-00000621

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Tuesday, May 10, 2011 9:19 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Boeing's South Carolina move: Illegal union bashing or just good business?

Christian Science Monitor

Boeing Co. is planning to open a major manufacturing facility in South Carolina, which has the National Labor

Relations Board accusing them of braking federal labor laws. By Patrik Jonsson, Staff writer / May 10, 2011 A

Christian Science

Monitor

brewing battle between the ...

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Obama withdraws controversial Labor nominee Paul Tiao

Washington Examiner (blog)

The recess appointment of former Service Employees International Union lawyer Craig Becker to the National Labor Relations

Board (NLRB) is a notorious such case. In his writings, Becker had argued that employers should have no say in the union ...

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Microsoft Outlook

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W ednesday, May 11, 2011 12:40 AM

Ahearn, Richard L.

Google Alert - National labor relations board

5 new results for National labor relations board

News

Let's speak loud, clear against labor board on Boeing, SC says

The Seattle Times

Nikki Haley said Tuesday that governors and businesses have to work together to counter National Labor Relations

Board actions against Boeing that she contends could undermine state right-to-work laws and economic growth. ...

See all stories on this topic »

The Seattle Times

NLRB Breathes New Life Into Federal Labor Law; Are You Ready?

IndustryWeek

The NLRB is proposing to change this by requiring virtually all workplaces to post an 11" by 17" notice about employee rights under

the NLRA. This rule follows closely on the heels of a nationally featured story involving a "Facebook Firing" which ...

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DeMint accuses Obama of 'thuggery'

Myrtle Beach Sun News

Nikki Haley said all governors and state leaders should be alarmed by the National Labor Relations Board's move to compel Boeing

to build a second 787 Dreamliner factory at its current hub in Everett, Wash. "This issue may have started in South ...

See all stories on this topic »

Republicans accuse President Obama of 'enemies list' in Boeing case

Boston Herald

Nikki Haley said the National Labor Relations Board's move to compel Boeing to build a second 787 Dreamliner factory at its hub

in Everett, Wash., should alarm all governors and state leaders. "This issue may have started in South Carolina, ...

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NFL says labor concerns off point in brief

Examiner.com

Labor law, not anti-trust law lies at the heart of the NFL's case. The Norris LaGuardia Act and National Labor Relations Act keep the

jurisdiction in the labor courts not a federal district court, the league argued. The National Labor Relations Board ...

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NLRB-FOIA-00000623

Microsoft Outlook

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W ednesday, May 11, 2011 3:11 AM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

The Mobility of Capital

Human Events

by John Hayward South Carolina governor Nikki Haley held a press conference with business leaders and Republican lawmakers

today, where they demanded President Obama address the National Labor Relations Board's attempt to drag Boeing kicking and ...

See all stories on this topic »

Obama's Assault on South Carolina Jobs

Human Events

The latest job killing effort by this administration comes from the National Labor Relations Board (NLRB), which has filed a

frivolous and devastating complaint against the Boeing Company. It is frivolous because the complaint is unprecedented in the ...

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NLRB-FOIA-00000624

Microsoft Outlook

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W ednesday, May 11, 2011 4:39 AM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Obama urged to ask NLRB to withdraw complaint against Boeing

Greenville News

Nikki Haley urged President Barack Obama today to persuade the National Labor Relations Board to withdraw its complaint against

The Boeing Co. Boeing should have the right to do business in any state and the NLRB's complaint would hurt job creation in ...

See all stories on this topic »

NLRC Sheriff shot to death » A labor sheriff of the National Labor Relations Co...

Zamboanga Today Online

A labor sheriff of the National Labor Relations Commission (NLRC), Department of Labor and Employment (DOLE) died while

his wife survived after they were shot by two unidentified motorcycle riding-tandem suspects along the national highway in Zone 6,

...

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NLRB-FOIA-00000625

Microsoft Outlook

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W ednesday, May 11, 2011 9:48 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Union Advocates Accuse GOP Of Interfering With Independent Labor Agency

TPMDC

At the Chamber of Commerce on Tuesday, Haley and other Republicans called on President Obama to condemn the independent

National Labor Relations Board, which is tasked with enforcing labor laws, for suing Boeing over a production line in South

Carolina ...

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NLRB-FOIA-00000626

Microsoft Outlook

From:

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Attachments:

David Campbell [campbell@workerlaw.com]

W ednesday, May 11, 2011 11:18 AM

Ahearn, Richard L.

FW : Sen REID - MUST KEEP INDEPENDENT AGENCIES INDEPENDENT - OPERATE

FREELY AND W ITHOUT POLITICAL PRESSURE

image001.jpg

Thanks, Dave

Sincerely, David Campbell

campbell@workerlaw.com

Schwerin Campbell Barnard Iglitzin & Lavitt

18 W Mercer Suite 400

Seattle, W ashington 98119-3971

Phone (206)285-2828: FAX (206)378-4132

This communication is protected by the attorney client and attorney work-product privileges. Please do not copy, forward

or append.

http://democrats.senate.gov/newsroom/record.cfm?id=332789&

For Immediate Release

Date: Wednesday, May 11, 2011

CONTACT: Jon Summers, (202) 224-2939

REID: WE MUST KEEP INDEPENDENT AGENCIES INDEPENDENT, ALLOW THEM TO

OPERATE FREELY AND WITHOUT POLITICAL PRESSURE

Washington, D.C.–Nevada Senator Harry Reid made the following remarks today regarding the National

Labor Relations Board. Below are his remarks as prepared for delivery:

1

NLRB-FOIA-00000627

“In a partisan environment, there is the temptation turn every issue into a political issue. We certainly live in

one of those environments.

“That’s regrettable, but far from unfamiliar. Politics play a role in our representative government, of course,

and they always have. The Founders created a system of checks and balances – three branches of government,

for example, and two chambers of the Congress – precisely because they anticipated these passions. They

wanted to keep us from losing our way.

“Long after that system was created, a new independent federal agency was created in the same spirit of checks

and balances. That agency is the National Labor Relations Board, and it acts as a check on employers and

employees alike. It safeguards employees’ rights to unionize or not to unionize, if they so choose. It mediates

allegations of unfair labor practices. And it does all this independent of any outside influence.

“The acting general counsel of the NLRB is a man who is as nonpartisan and independent as the agency he

works for. Last month, he issued a complaint against one of America’s largest companies, Boeing. The

complaint alleges that after Boeing workers in some states went on strike, the company retaliated by opening a

new production line in a non-union facility. That kind of retaliation, if that’s what happened, is illegal.

“That’s just the background. I’m not here to judge the merits of the case. In fact, I’m here to do the exact

opposite: to remind the Senate that prejudging the case is not our job. That would overstep long-established

boundaries and weaken our system of checks and balances.

“Lately, though, some of our Republican colleagues have attacked the NLRB and tried to poison the decision-

making process. They are interfering with case pending before a legal body.

“For example, every Republican Senator on the HELP Committee – the “L” in HELP stands for labor, of course

– sent the acting general counsel a letter defending Boeing. The letter itself, sent six weeks before a hearing

even takes place, seems questionable at best. But these 10 Republicans went further: they went out of their way

to link their request to the acting general counsel’s pending nomination. Sounds like intimidation to me.

“That’s not all. Eight state attorneys general, all Republicans, also signed a letter to the acting general counsel,

calling on him to withdraw the complaint against Boeing – again, long before an administrative judge has the

opportunity to review the case.

“I strongly encourage all of them to take a step back. We all know Republicans dislike organized labor. We

know they disdain unions because unions demand fairness and equality from the big businesses Republicans so

often shield at all costs.

“And let’s be honest: Republicans are threatened by unions. They’re threatened because when a large,

organized group is so concerned with workers’ rights, the members of that group vote in large numbers. And

because Republicans and the big businesses they defend so often try to take away workers’ rights, workers don’t

often vote Republican.

“But this kind of interference is inappropriate. It is disgraceful and dangerous. We wouldn’t allow threats to

prosecutors or U.S. Attorneys, trying to stop them from moving forward with charges they see fit to bring to the

courts. And we shouldn’t stand for this. It may not be illegal, but it’s no better than the retaliation and

intimidation that is the fundamental question in this case. It should stop.

“We need agencies like the NLRB to be able to operate freely and without political pressures. We need to keep

our independent agencies independent. This case is for them to decide, not us.”

2

NLRB-FOIA-00000628

###

To unsubscribe from the DPCC-PRESS list, click the following link:

&*TICKET_URL(DPCC-PRESS,SIGNOFF);

_____________________________________________________________

Notice: This message is intended for the addressee only and may contain privileged and/or

confidential information. Use or dissemination by anyone other than the intended recipient is

prohibited.

____________________________________________________________

3

NLRB-FOIA-00000629

NLRB-FOIA-00000630

Microsoft Outlook

From:

Sent:

To:

Subject:

Google Alerts [googlealerts-noreply@google.com]

W ednesday, May 11, 2011 1:05 PM

Ahearn, Richard L.

Google Alert - National labor relations board

3 new results for National labor relations board

News

Boeing lashes out at US labor board over complaint

Reuters

Chief Executive Jim McNerney said in an opinion piece published in the Wall Street Journal on Wednesday that the National Labor

Relations Board was "wrong and has far overreached its authority." McNerney's defense came ahead of a June hearing on the ...

See all stories on this topic »

Harry Reid Tells GOP To Stop Pressuring Independent Labor Agency

TPMDC

Majority Leader Harry Reid (D-NV) defended the National Labor Relations Board on Wednesday amid a concentrated attack from

prominent Republicans around the country, accusing conservative critics of meddling with an independent federal agency. ...

See all stories on this topic »

Top Dem scolds GOP on NLRB Stance

WLTX.com

By RAJU CHEBIUM Washington (Gannett News Service) - The most powerful Democrat in Congress, Senate Majority Leader Harry

Reid, said today it's "disgraceful and dangerous" for Republicans to meddle in the National Labor Relations Board's case against ...

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NLRB-FOIA-00000631

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Ahearn, Richard L.

W ednesday, May 11, 2011 2:24 PM

ML-R19-Everyone (R)

FW : Legal News FYI: Harry Reid Tells GOP To Stop Pressuring Independent Labor Agency

image001.jpg

Harry Reid Tells GOP To Stop Pressuring

Independent Labor Agency

Benjy Sarlin | May 11, 2011, 11:24AM

Senate Majority Leader Harry Reid (D-NV)

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Majority Leader Harry Reid (D-NV) defended the National Labor Relations Board on Wednesday amid a concentrated attack

from prominent Republicans around the country, accusing conservative critics of meddling with an independent federal agency.

"We need agencies like the NLRB to be able to operate freely and without political pressures," he said in a floor speech. "We

need to keep our independent agencies independent. This case is for them to decide, not us."

Led by Governor NIkki Haley (R-SC) and Sens. Lindsey Graham and Jim Demint (R-SC), Republicans have been waging an

increasingly loud battle against the NLRB over a lawsuit alleging that Boeing illegally retaliated against unions in Washington

State by opening a production line in South Carolina. Yesterday, they demanded at a press conference that the White House

condemn the suit, with Sen. Rand Paul (R-KY) even suggesting the president may be involved in a vast conspiracy to target

GOP states.

Reid said in his remarks that he was not defending the merits of the NLRB's case, only the neutrality and independence of the

NLRB in their handling of the law. He added that Republicans' attacks fed into a larger campaign against unions.
1

NLRB-FOIA-00000632

"They're threatened because when a large, organized group is so concerned with workers' rights, the members of that group vote

in large numbers. And because Republicans and the big businesses they defend so often try to take away workers' rights,

workers don't often vote Republican," he said. "But this kind of interference is inappropriate. It is disgraceful and dangerous.

We wouldn't allow threats to prosecutors or U.S. Attorneys, trying to stop them from moving forward with charges they see fit

to bring to the courts and we shouldn't stand for this."

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

2

NLRB-FOIA-00000633

NLRB-FOIA-00000634

Microsoft Outlook

From:

Sent:

To:

Subject:

Ahearn, Richard L.

W ednesday, May 11, 2011 2:26 PM

Pomerantz, Anne; Anzalone, Mara-Louise; Finch, Peter G.; Todd, Dianne; Jablonski, Colleen

G.

FW : Google Alert - National labor relations board

3 new results for National labor relations board

News

Boeing lashes out at US labor board over complaint

Reuters

Chief Executive Jim McNerney said in an opinion piece published in the Wall Street Journal on Wednesday that the National Labor

Relations Board was "wrong and has far overreached its authority." McNerney's defense came ahead of a June hearing on the ...

See all stories on this topic »

Harry Reid Tells GOP To Stop Pressuring Independent Labor Agency

TPMDC

Majority Leader Harry Reid (D-NV) defended the National Labor Relations Board on Wednesday amid a concentrated attack from

prominent Republicans around the country, accusing conservative critics of meddling with an independent federal agency. ...

See all stories on this topic »

Top Dem scolds GOP on NLRB Stance

WLTX.com

By RAJU CHEBIUM Washington (Gannett News Service) - The most powerful Democrat in Congress, Senate Majority Leader Harry

Reid, said today it's "disgraceful and dangerous" for Republicans to meddle in the National Labor Relations Board's case against ...

See all stories on this topic »

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1

NLRB-FOIA-00000635

Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

Ahearn, Richard L.

W ednesday, May 11, 2011 2:39 PM

E 6 privacy
Sen REID - MUST KEEP INDEPENDENT AGENCIES INDEPENDENT - OPERATE FREELY

AND W ITHOUT POLITICAL PRESSURE

image001.jpg

http://democrats.senate.gov/newsroom/record.cfm?id=332789&

For Immediate Release

Date: Wednesday, May 11, 2011

CONTACT: Jon Summers, (202) 224-2939

REID: WE MUST KEEP INDEPENDENT AGENCIES INDEPENDENT, ALLOW THEM TO

OPERATE FREELY AND WITHOUT POLITICAL PRESSURE

Washington, D.C.–Nevada Senator Harry Reid made the following remarks today regarding the National

Labor Relations Board. Below are his remarks as prepared for delivery:

“In a partisan environment, there is the temptation turn every issue into a political issue. We certainly live in

one of those environments.

“That’s regrettable, but far from unfamiliar. Politics play a role in our representative government, of course,

and they always have. The Founders created a system of checks and balances – three branches of government,

for example, and two chambers of the Congress – precisely because they anticipated these passions. They

wanted to keep us from losing our way.

“Long after that system was created, a new independent federal agency was created in the same spirit of checks

and balances. That agency is the National Labor Relations Board, and it acts as a check on employers and
1

NLRB-FOIA-00000636

employees alike. It safeguards employees’ rights to unionize or not to unionize, if they so choose. It mediates

allegations of unfair labor practices. And it does all this independent of any outside influence.

“The acting general counsel of the NLRB is a man who is as nonpartisan and independent as the agency he

works for. Last month, he issued a complaint against one of America’s largest companies, Boeing. The

complaint alleges that after Boeing workers in some states went on strike, the company retaliated by opening a

new production line in a non-union facility. That kind of retaliation, if that’s what happened, is illegal.

“That’s just the background. I’m not here to judge the merits of the case. In fact, I’m here to do the exact

opposite: to remind the Senate that prejudging the case is not our job. That would overstep long-established

boundaries and weaken our system of checks and balances.

“Lately, though, some of our Republican colleagues have attacked the NLRB and tried to poison the decision-

making process. They are interfering with case pending before a legal body.

“For example, every Republican Senator on the HELP Committee – the “L” in HELP stands for labor, of course

– sent the acting general counsel a letter defending Boeing. The letter itself, sent six weeks before a hearing

even takes place, seems questionable at best. But these 10 Republicans went further: they went out of their way

to link their request to the acting general counsel’s pending nomination. Sounds like intimidation to me.

“That’s not all. Eight state attorneys general, all Republicans, also signed a letter to the acting general counsel,

calling on him to withdraw the complaint against Boeing – again, long before an administrative judge has the

opportunity to review the case.

“I strongly encourage all of them to take a step back. We all know Republicans dislike organized labor. We

know they disdain unions because unions demand fairness and equality from the big businesses Republicans so

often shield at all costs.

“And let’s be honest: Republicans are threatened by unions. They’re threatened because when a large,

organized group is so concerned with workers’ rights, the members of that group vote in large numbers. And

because Republicans and the big businesses they defend so often try to take away workers’ rights, workers don’t

often vote Republican.

“But this kind of interference is inappropriate. It is disgraceful and dangerous. We wouldn’t allow threats to

prosecutors or U.S. Attorneys, trying to stop them from moving forward with charges they see fit to bring to the

courts. And we shouldn’t stand for this. It may not be illegal, but it’s no better than the retaliation and

intimidation that is the fundamental question in this case. It should stop.

“We need agencies like the NLRB to be able to operate freely and without political pressures. We need to keep

our independent agencies independent. This case is for them to decide, not us.”

###

To unsubscribe from the DPCC-PRESS list, click the following link:

&*TICKET_URL(DPCC-PRESS,SIGNOFF);

2

NLRB-FOIA-00000637

_____________________________________________________________

Notice: This message is intended for the addressee only and may contain privileged and/or

confidential information. Use or dissemination by anyone other than the intended recipient is

prohibited.

____________________________________________________________

3

NLRB-FOIA-00000638

NLRB-FOIA-00000639

Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

Ahearn, Richard L.

W ednesday, May 11, 2011 2:54 PM

HELTZER, LES (Hdqs)

Sen REID - MUST KEEP INDEPENDENT AGENCIES INDEPENDENT - OPERATE FREELY

AND W ITHOUT POLITICAL PRESSURE

image001.jpg

http://democrats.senate.gov/newsroom/record.cfm?id=332789&

For Immediate Release

Date: Wednesday, May 11, 2011

CONTACT: Jon Summers, (202) 224-2939

REID: WE MUST KEEP INDEPENDENT AGENCIES INDEPENDENT, ALLOW THEM TO

OPERATE FREELY AND WITHOUT POLITICAL PRESSURE

Washington, D.C.–Nevada Senator Harry Reid made the following remarks today regarding the National

Labor Relations Board. Below are his remarks as prepared for delivery:

“In a partisan environment, there is the temptation turn every issue into a political issue. We certainly live in

one of those environments.

“That’s regrettable, but far from unfamiliar. Politics play a role in our representative government, of course,

and they always have. The Founders created a system of checks and balances – three branches of government,

for example, and two chambers of the Congress – precisely because they anticipated these passions. They

wanted to keep us from losing our way.

“Long after that system was created, a new independent federal agency was created in the same spirit of checks

and balances. That agency is the National Labor Relations Board, and it acts as a check on employers and
1

NLRB-FOIA-00000640

employees alike. It safeguards employees’ rights to unionize or not to unionize, if they so choose. It mediates

allegations of unfair labor practices. And it does all this independent of any outside influence.

“The acting general counsel of the NLRB is a man who is as nonpartisan and independent as the agency he

works for. Last month, he issued a complaint against one of America’s largest companies, Boeing. The

complaint alleges that after Boeing workers in some states went on strike, the company retaliated by opening a

new production line in a non-union facility. That kind of retaliation, if that’s what happened, is illegal.

“That’s just the background. I’m not here to judge the merits of the case. In fact, I’m here to do the exact

opposite: to remind the Senate that prejudging the case is not our job. That would overstep long-established

boundaries and weaken our system of checks and balances.

“Lately, though, some of our Republican colleagues have attacked the NLRB and tried to poison the decision-

making process. They are interfering with case pending before a legal body.

“For example, every Republican Senator on the HELP Committee – the “L” in HELP stands for labor, of course

– sent the acting general counsel a letter defending Boeing. The letter itself, sent six weeks before a hearing

even takes place, seems questionable at best. But these 10 Republicans went further: they went out of their way

to link their request to the acting general counsel’s pending nomination. Sounds like intimidation to me.

“That’s not all. Eight state attorneys general, all Republicans, also signed a letter to the acting general counsel,

calling on him to withdraw the complaint against Boeing – again, long before an administrative judge has the

opportunity to review the case.

“I strongly encourage all of them to take a step back. We all know Republicans dislike organized labor. We

know they disdain unions because unions demand fairness and equality from the big businesses Republicans so

often shield at all costs.

“And let’s be honest: Republicans are threatened by unions. They’re threatened because when a large,

organized group is so concerned with workers’ rights, the members of that group vote in large numbers. And

because Republicans and the big businesses they defend so often try to take away workers’ rights, workers don’t

often vote Republican.

“But this kind of interference is inappropriate. It is disgraceful and dangerous. We wouldn’t allow threats to

prosecutors or U.S. Attorneys, trying to stop them from moving forward with charges they see fit to bring to the

courts. And we shouldn’t stand for this. It may not be illegal, but it’s no better than the retaliation and

intimidation that is the fundamental question in this case. It should stop.

“We need agencies like the NLRB to be able to operate freely and without political pressures. We need to keep

our independent agencies independent. This case is for them to decide, not us.”

###

To unsubscribe from the DPCC-PRESS list, click the following link:

&*TICKET_URL(DPCC-PRESS,SIGNOFF);

2

NLRB-FOIA-00000641

_____________________________________________________________

Notice: This message is intended for the addressee only and may contain privileged and/or

confidential information. Use or dissemination by anyone other than the intended recipient is

prohibited.

____________________________________________________________

3

NLRB-FOIA-00000642

NLRB-FOIA-00000643

Microsoft Outlook

From:

Sent:

To:

Subject:

Google Alerts [googlealerts-noreply@google.com]

W ednesday, May 11, 2011 3:27 PM

Ahearn, Richard L.

Google Alert - National labor relations board

4 new results for National labor relations board

News

The NLRB hands the Republicans a potent issue

Washington Post (blog)

Nikki Haley (R) has been working to bring more attention to a local fight between Boeing and the National Labor Relations Board. .

. . . At issue is a complaint the NLRB filed against Boeing, claiming the airplane manufacturer decided to build a plant ...

See all stories on this topic »

Beebe: NLRB ruling could be 'detrimental'

The City Wire

Mike Beebe said Wednesday (May 11) that a National Labor Relations Board (NLRB) ruling against Boeing could be “detrimental”

to Arkansas' economic development efforts. In 2008 and 2009, Boeing searched for potential new manufacturing locations at which ...

See all stories on this topic »

Can GOP effort to defang NLRB win bipartisan support?

Hot Air

Senate Republicans have proposed a change to the National Labor Relations Act that will block the National Labor Relations Board

from interfering in corporate decisions to open facilities in “right to work” states. Such states require “open shops,” ...

See all stories on this topic »

Is the 'Enemies List' the New 'Death Panels'?

The Atlantic Wire

Palin's upset over the National Labor Relations Board having filed a complaint against Boeing, accusing the

company of building an airplane factory to South Carolina to punish union workers who've gone on strike in

The Atlantic Wire

Washington. ...

See all stories on this topic »

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1

NLRB-FOIA-00000644

FO R M E X E M P T U N D E R 44 U S C 3512

IN TE R N E T

N LR S -S 01

(2-08)

U N ITE D S T ls O F A M E R IC A

N A T IO N A L LA B O R R E LA T IO N S B O A R D

.C H A R G E A G A IN S T E M P L O Y E R

W R IT E IN T H IS S P A C E

C ase

D ate F iled

3/2 6 /10

19-C A -32431

IN S T R U C T IO N S :

F ile an o rig in a l w ith N LR B R egional D ire cto r fo r th e region in w h ich th e alleged u n fa ir la b o r pra ctice occu rre d o r Is occu rrin g

1. E M P L O Y E R A G A IN S T W H O M C H A R G E IS B R O U G H T

a. N am e of E m ployer

b. T el. N o. 2 0 6 -6 6 2 -9 0 9 1

T h e B o e in g C o m p a n y

c. C ell N o.

P.O

1. F ax N o.

e. E m ployer R epresentative

d. A ddress (S treet, city, state, an d Z IP code)

.B o x 37 0 7

2 0 6 -6 6 2 -9 0 0 1

g. e-M ail

D o u g K ig h t

S e a ttle , W A 9 8 1 2 4

h.
N um ber of w orkers e m ployed

2 5 ,0 0 0

i. T ype o f E stablishm ent(factory, m ine, w holesaler, e tc.)

p ro d u c tio n fa cility

j. Identify principalp roduct or service

co m m e rc ia l a irp la n e s

k. T he above-nam ed e m ployer has engaged in and is engaging in unfair labor practices w ithin the m eaning o f section 8 (a),s ubsections (1) and (list

subsections) 8 (a )(3 ) a n d 8 (a )(5 )

of the N ationalL abor R elations A ct, and these u nfair labor

practices are practices a ffecting com m erce w ithin the m eaning o f the A ct, or these u nfair labor practices a re u nfair practices a ffecting c om m erce

w ithin the m eaning of the A ct and the P ostalR eorganization A ct.

2. B asis o f the C harge (se t forth a cle a r an d concise statem ent o f the facts constituting the a lle ge d un fair la b o r practices)

W ith in th e la s t six m o n th s , T h e B o e in g C o m p a n y h a s :

(1 ) vio la te d S e c tio n 8 (a )(1 ) o f th e A c t b y th re a te n in g b a rg a in in g u n it m e m b e rs re p re s e n te d b y IA M A W D is tric t L o d g e 75 1

b e c a u s e o f th e ir p ro te c te d a ctivity;

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P R IV A C Y A C T S T A T E M E N T

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6/26/2008

NLRB-FOIA-00000646

Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

Ahearn, Richard L.

W ednesday, May 11, 2011 2:24 PM

ML-R19-Everyone (R)

FW : Legal News FYI: Harry Reid Tells GOP To Stop Pressuring Independent Labor Agency

image001.jpg

Harry Reid Tells GOP To Stop Pressuring

Independent Labor Agency

Benjy Sarlin | May 11, 2011, 11:24AM

Senate Majority Leader Harry Reid (D-NV)

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Majority Leader Harry Reid (D-NV) defended the National Labor Relations Board on Wednesday amid a concentrated attack

from prominent Republicans around the country, accusing conservative critics of meddling with an independent federal agency.

"We need agencies like the NLRB to be able to operate freely and without political pressures," he said in a floor speech. "We

need to keep our independent agencies independent. This case is for them to decide, not us."

Led by Governor NIkki Haley (R-SC) and Sens. Lindsey Graham and Jim Demint (R-SC), Republicans have been waging an

increasingly loud battle against the NLRB over a lawsuit alleging that Boeing illegally retaliated against unions in Washington

State by opening a production line in South Carolina. Yesterday, they demanded at a press conference that the White House

condemn the suit, with Sen. Rand Paul (R-KY) even suggesting the president may be involved in a vast conspiracy to target

GOP states.

Reid said in his remarks that he was not defending the merits of the NLRB's case, only the neutrality and independence of the

NLRB in their handling of the law. He added that Republicans' attacks fed into a larger campaign against unions.
1

NLRB-FOIA-00000647

"They're threatened because when a large, organized group is so concerned with workers' rights, the members of that group vote

in large numbers. And because Republicans and the big businesses they defend so often try to take away workers' rights,

workers don't often vote Republican," he said. "But this kind of interference is inappropriate. It is disgraceful and dangerous.

We wouldn't allow threats to prosecutors or U.S. Attorneys, trying to stop them from moving forward with charges they see fit

to bring to the courts and we shouldn't stand for this."

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

2

NLRB-FOIA-00000648

NLRB-FOIA-00000649

Microsoft Outlook

Subject:

Location:

The Boeing Company - Case 19-CA-32431

BJK's Office

Start:

End:

Thu 10/7/2010 10:00 AM

Thu 10/7/2010 11:00 AM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Bush, Lynn; Kearney, Barry J.; Sophir, Jayme; Szapiro, Miriam; W illen, Debra L; Baniszewski,

Joseph

When: Thursday, October 07, 2010 10:00 AM-11:00 AM (GMT-05:00) Eastern Time (US & Canada).

Where: BJK's Office

*~*~*~*~*~*~*~*~*~*

Agenda with Barry!!!!!!

1

NLRB-FOIA-00000650

Microsoft Outlook

From:

Sent:

To:

Subject:

Baniszewski, Joseph

Tuesday, October 05, 2010 4:12 PM

Bush, Lynn

Accepted: The Boeing Company - Case 19-CA-32431

1

NLRB-FOIA-00000651

Microsoft Outlook

Subject:

Location:

Boeing Company - Case 19-CA-32431

General Counsel's Office

Start:

End:

Mon 10/18/2010 2:00 PM

Mon 10/18/2010 3:00 PM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Bush, Lynn; Kearney, Barry J.; Farrell, Ellen; Szapiro, Miriam; W illen, Debra L; Baniszewski,

Joseph; Sophir, Jayme; Havard, Fred C.

When: Monday, October 18, 2010 2:00 PM-3:00 PM (GMT-05:00) Eastern Time (US & Canada).

Where: General Counsel's Office

*~*~*~*~*~*~*~*~*~*

General Counsel Agenda!!

1

NLRB-FOIA-00000652

Microsoft Outlook

Subject:

Location:

Region 19 Boeing Meeting with GC

GC conference room

Start:

End:

Tue 12/14/2010 10:00 AM

Tue 12/14/2010 11:30 AM

Recurrence:

(none)

1

NLRB-FOIA-00000653

Microsoft Outlook

Subject:

Location:

Boeing, Meet with Er

GC Conference Room

Start:

End:

W ed 12/15/2010 10:00 AM

W ed 12/15/2010 11:30 AM

Recurrence:

(none)

1

NLRB-FOIA-00000654

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Baniszewski, Joseph

Friday, January 07, 2011 1:01 PM

Siegel, Richard A.

Roberts, Crystal; Ahearn, Richard L.; Snook, Dennis

Travel Order for Region 19 RD Rich Ahearn

Crystal,

Please prepare a travel order for Region 19 RD Rich Ahearn to travel to Washington January 18, 19

and 20, to meet with the General Counsel, Advice and lawyers representing the Machinists’ Union in

Boeing Corp., 19-CA-32431.

Rick,

Please note your approval and forward this E Mail to Crystal.

Thanks,

Joe

1

NLRB-FOIA-00000655

Microsoft Outlook

From:

Sent:

To:

Subject:

Baniszewski, Joseph

Monday, January 10, 2011 9:06 AM

Roberts, Crystal; Ahearn, Richard L.; Snook, Dennis

Re: Travel Order for Region 19 RD Rich Ahearn

Thanks Crystal,

Joe

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Roberts, Crystal

To: Ahearn, Richard L.; Snook, Dennis

Cc: Baniszewski, Joseph

Sent: Mon Jan 10 08:56:48 2011

Subject: Travel Order for Region 19 RD Rich Ahearn

Mr. Ahearn,

Here is your Travel Order Number and your CDC number for your secretary to prepare your

Travel Authorization for your trip to Washington, DC next week. Your TO# 60-11-22-077a

and your CDC# 3036.

If you have any questions please give me a call.

From: Baniszewski, Joseph

Sent: Friday, January 07, 2011 1:01 PM

To: Siegel, Richard A.

Cc: Roberts, Crystal; Ahearn, Richard L.; Snook, Dennis

Subject: Travel Order for Region 19 RD Rich Ahearn

Crystal,

Please prepare a travel order for Region 19 RD Rich Ahearn to travel to Washington January 18, 19

and 20, to meet with the General Counsel, Advice and lawyers representing the Machinists’ Union in

Boeing Corp., 19-CA-32431.

Rick,

Please note your approval and forward this E Mail to Crystal.

Thanks,

Joe

1

NLRB-FOIA-00000656

Microsoft Outlook

Subject:

Location:

Machinists Union meet with GC re Boeing

GC Conference Room

Start:

End:

W ed 1/19/2011 1:30 PM

W ed 1/19/2011 3:00 PM

Recurrence:

(none)

1

NLRB-FOIA-00000657

Microsoft Outlook

From:

Sent:

To:

Subject:

Cleeland, Nancy

Thursday, April 28, 2011 3:20 PM

Garza, Jose; Solomon, Lafe E.; Liebman, W ilma B.; Ferguson, John H.

RE: letter from South Carolina and 8 other state ag's about lawsuits

Here is their letter to congress http://www.scattorneygeneral.org/newsroom/pdf/2011/4.28.11_Letter_to_Congress_2.pdf

Here is their letter to us

http://www.scattorneygeneral.org/newsroom/pdf/2011/4.28.11_NLRB_Letter_Formatted_with_Signatures.pdf

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Garza, Jose

Sent: Thursday, April 28, 2011 3:19 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Liebman, Wilma B.; Ferguson, John H.

Subject: RE: letter from South Carolina and 8 other state ag's about lawsuits

The 8 states have “replied” to the complaint through a letter? To whom? Do we have a copy?

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:14 PM

To: Solomon, Lafe E.; Liebman, Wilma B.; Garza, Jose; Ferguson, John H.

Subject: letter from South Carolina and 8 other state ag's about lawsuits

Please see below; Now there are 9 states going after us. Bloomberg asks if we have a response.

Columbia - South Carolina Attorney General Alan Wilson and eight (8) other state attorneys general have

replied to a complaint filed against Boeing Corporation by the U.S. National Labor Relations Board (NLRB). The

complaint charges Boeing with the commission of an unfair labor practice, but appears to do so without legal

and factual foundation. The board claims Boeing is prohibited from expanding production of its planes beyond

the reach of unions currently associated with its workers in Washington State. South Carolina is a staunch right

to work state. In reality, Boeing expanded its production of 787 Dreamliners to South Carolina last year in

response to increase in demand. What the NLRB complaint fails to mention is the increased demand for the

planes prompted the creation of over 2,000 new jobs in Washington State first, and continued demand

subsequently required an expansion facility in South Carolina. Recognizing the dangerous precedent this

1

NLRB-FOIA-00000658

aggressive action could set against the right to work, job creation, and economic growth in many states, the

attorneys general wrote:

"This complaint represents an assault upon the constitutional right of free speech, and the ability of our states

to create jobs and recruit industry. Your ill-conceived retaliatory action seeks to destroy our citizens' right to

work. It is South Carolina and Boeing today, but will be any of our states, with our right to work guarantees,

tomorrow."

"...this tenuous complaint will reverberate throughout union and non-union states alike, as international

companies will question the wisdom of locating in a country where the federal government interferes in industry

without cause or justification."

"Our states are struggling to emerge from one of the worst economic collapses since the Depression. Your

complaint further impairs an economic recovery. Intrusion by the federal bureaucracy on behalf of unions will

not create a single new job or put one unemployed person back to work."

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00000659

Microsoft Outlook

From:

Sent:

To:

Subject:

Cleeland, Nancy

Thursday, April 28, 2011 3:23 PM

Ferguson, John H.; Kearney, Barry J.

RE: letter from South Carolina and 8 other state ag's about BOEING

Sorry! Too much going on…

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Ferguson, John H.

Sent: Thursday, April 28, 2011 3:22 PM

To: Kearney, Barry J.

Cc: Cleeland, Nancy

Subject: FW: letter from South Carolina and 8 other state ag's about BOEING

This should have been sent to you, since it’s about your complaint

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:17 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Liebman, Wilma B.; Garza, Jose; Ferguson, John H.

Subject: RE: letter from South Carolina and 8 other state ag's about BOEING

Sorry – I meant to say about the Boeing complaint

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:14 PM

To: Solomon, Lafe E.; Liebman, Wilma B.; Garza, Jose; Ferguson, John H.

Subject: letter from South Carolina and 8 other state ag's about lawsuits

Please see below; Now there are 9 states going after us. Bloomberg asks if we have a response.

Columbia - South Carolina Attorney General Alan Wilson and eight (8) other state attorneys general have

replied to a complaint filed against Boeing Corporation by the U.S. National Labor Relations Board (NLRB). The

complaint charges Boeing with the commission of an unfair labor practice, but appears to do so without legal

and factual foundation. The board claims Boeing is prohibited from expanding production of its planes beyond
1

NLRB-FOIA-00000660

the reach of unions currently associated with its workers in Washington State. South Carolina is a staunch right

to work state. In reality, Boeing expanded its production of 787 Dreamliners to South Carolina last year in

response to increase in demand. What the NLRB complaint fails to mention is the increased demand for the

planes prompted the creation of over 2,000 new jobs in Washington State first, and continued demand

subsequently required an expansion facility in South Carolina. Recognizing the dangerous precedent this

aggressive action could set against the right to work, job creation, and economic growth in many states, the

attorneys general wrote:

"This complaint represents an assault upon the constitutional right of free speech, and the ability of our states

to create jobs and recruit industry. Your ill-conceived retaliatory action seeks to destroy our citizens' right to

work. It is South Carolina and Boeing today, but will be any of our states, with our right to work guarantees,

tomorrow."

"...this tenuous complaint will reverberate throughout union and non-union states alike, as international

companies will question the wisdom of locating in a country where the federal government interferes in industry

without cause or justification."

"Our states are struggling to emerge from one of the worst economic collapses since the Depression. Your

complaint further impairs an economic recovery. Intrusion by the federal bureaucracy on behalf of unions will

not create a single new job or put one unemployed person back to work."

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00000661

Microsoft Outlook

From:

Sent:

To:

Subject:

Cleeland, Nancy

Friday, April 29, 2011 10:04 AM

Mattina, Celeste J.

RE: Boeing

Thanks – I had a lot of help.

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Mattina, Celeste J.

Sent: Friday, April 29, 2011 8:55 AM

To: Cleeland, Nancy

Cc: Solomon, Lafe E.

Subject: Boeing

I thought your responses to the AG letters, as published in today’s DLR, were perfect.

1

NLRB-FOIA-00000662

Microsoft Outlook

Non-Responsive

From: Solomon, Lafe E.

Sent: Tuesday, May 03, 2011 11:58 AM

To: Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Mattina, Celeste J.; Abruzzo, Jennifer; Ahearn,

Richard L.; Garza, Jose

Subject: Fwd:

Sent from my mobile

Begin forwarded message:

From: "Luttig, Michael" <michael.luttig@boeing.com>

To: "Solomon, Lafe E." <Lafe.Solomon@nlrb.gov>

1

NLRB-FOIA-00000663

Page 1 of 1

file://C:\IGCShared\in\23\1.htm

8/29/2011

NLRB-FOIA-00000664

NLRB-FOIA-00000665

NLRB-FOIA-00000666

NLRB-FOIA-00000667

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Microsoft Outlook

Subject:

Location:

Boeing Company - Case 19-CA-32431

General Counsel's Office

Start:

End:

Mon 10/18/2010 2:00 PM

Mon 10/18/2010 3:00 PM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Bush, Lynn; Kearney, Barry J.; Farrell, Ellen; Szapiro, Miriam; W illen, Debra L; Baniszewski,

Joseph; Sophir, Jayme; Havard, Fred C.

When: Monday, October 18, 2010 2:00 PM-3:00 PM (GMT-05:00) Eastern Time (US & Canada).

Where: General Counsel's Office

*~*~*~*~*~*~*~*~*~*

General Counsel Agenda!!

1

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Microsoft Outlook

Subject:

Location:

Boeing

Barry's office

Start:

End:

Tue 12/14/2010 10:30 AM

Tue 12/14/2010 11:00 AM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Sophir, Jayme; Kearney, Barry J.; Farrell, Ellen; W illen, Debra L; Szapiro, Miriam; Katz, Judy;

Omberg, Bob; Ahearn, Richard L.

When: Tuesday, December 14, 2010 10:30 AM-11:00 AM (GMT-05:00) Eastern Time (US & Canada).

Where: Barry's office

Note: The GMT offset above does not reflect daylight saving time adjustments.

*~*~*~*~*~*~*~*~*~*

1

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Microsoft Outlook

Subject:

Boeing pre-mtg w/ Lafe

Start:

End:

W ed 12/15/2010 9:30 AM

W ed 12/15/2010 10:00 AM

Recurrence:

(none)

1

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Microsoft Outlook

Subject:

Boeing - U counsel w/ GC

Start:

End:

W ed 1/19/2011 1:30 PM

W ed 1/19/2011 2:30 PM

Recurrence:

(none)

1

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Microsoft Outlook

Subject:

Boeing w/ bjk

Start:

End:

W ed 1/19/2011 9:30 AM

W ed 1/19/2011 10:00 AM

Recurrence:

(none)

1

NLRB-FOIA-00000679

Microsoft Outlook

Subject:

boeing w/ gc

Start:

End:

W ed 1/19/2011 11:00 AM

W ed 1/19/2011 11:30 AM

Recurrence:

(none)

1

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Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Kearney, Barry J.

Friday, April 01, 2011 2:29 PM

Solomon, Lafe E.; Mattina, Celeste J.

Farrell, Ellen; Sophir, Jayme

W hy am I not surprized

I just received a call from Dave Campbell and Chris Corsen. The call they have been waiting for all week came today at

1:15 to Corsen from a Boeing lawyer in Seattle named Brent Gerry. Corsen wasn’t in and when he returned the call Gerry

was unavailable until 5pm. After the 5pm call I will be in contact with them

1

NLRB-FOIA-00000681

Microsoft Outlook

Subject:

Location:

Discuss Boeing press approach

GC's office

Start:

End:

W ed 4/13/2011 4:00 PM

W ed 4/13/2011 5:00 PM

Recurrence:

(none)

Meeting Status:

Meeting organizer

Required Attendees:

Optional Attendees:

Farrell, Ellen; Cleeland, Nancy; Kearney, Barry J.; Ahearn, Richard L.

Mattina, Celeste J.; Sophir, Jayme

1

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Microsoft Outlook

NLRB Updates

Monday, May 09, 2011 2:56 PM

Farrell, Ellen

Acting General Counsel Lafe Solomon releases statement on Boeing complaint

From:

Sent:

To:

Subject:

Contact:

Office of Public Affairs

202-273-1991

publicinfo@nlrb.gov

www.nlrb.gov

Acting General Counsel Lafe Solomon releases statement on Boeing complaint

NLRB Acting General Counsel Lafe Solomon today responded to inquiries regarding a complaint issued April 20 against the Boeing

Company with the following statement:

“Contrary to certain public statements made in recent weeks, there is nothing remarkable or unprecedented about the complaint issued

against the Boeing Company on April 20. The complaint involves matters of fact and law that are not unique to this case, and it was

issued only after a thorough investigation in the field, a further careful review by our attorneys in Washington, and an invitation by me

to the parties to present their case and discuss the possibility of a settlement. Only then did I authorize the complaint alleging that

certain statements and decisions by Boeing officials were discriminatory under our statute.

It is important to note that the issuance of a complaint is just the beginning of a legal process, which now moves to a hearing before an

administrative law judge. That hearing, scheduled for June 14 in Seattle, is the appropriate time and place to argue the merits of the

complaint. The judge’s decision can further be appealed to the Board, and ultimately to the federal courts. At any point in this process,

the parties could reach a settlement agreement and we remain willing to participate in any such discussions at the request of either or

both parties. We hope all interested parties respect the legal process, rather than trying to litigate this case in the media and public

arena.”

Mr. Solomon made the same point today in a brief written response to a letter received earlier this month from Boeing General Counsel

J. Michael Luttig.

For more information about the NLRB, please see our website at www.nlrb.gov. Click here to sign up for email delivery of news

releases and more.

Click here to view this news release on our website.

Questions? Contact Us

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Washington DC 20570 · 866-667-6572

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Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

Ferguson, John H.

Monday, April 11, 2011 10:37 AM

Ferguson, John H.

Emailing: Anti-union fight intensifies in S.C. - Local - TheSunNews.com.htm

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NEWS - LOCAL

Sunday, Apr. 10, 2011

Anti-union fight intensifies in S.C.

Critics: Effort distracts from real issues

By Gina Smith - McClatchy Newspapers

E-MAIL

PRINT 0 COMMENTS REPRINT OR LICENSE

TEXT SIZE:

COLUMBIA -- Gov. Nikki Haley and the Republican-controlled legislature are working with increasing fervor to ensure that South

Carolina - long an anti-union state - is a place where businesses can set up and grow without fear of organized labor.

But with only 4.6 percent of the state's work force members of unions, state employees barred from organizing and no efforts under way

to change the state's right-to-work status, are unions a real threat to businesses?
4

NLRB-FOIA-00000687

Some Democrats and union leaders say the focus this year on anti-union legislation is a political ploy to distract South Carolinians from

the real problems plaguing the state.

Similar stories:

Haley: S.C. labor chief to fight S.C. Boeing union

S.C. GOP snubs unions

Jobless insurance rockets

Issac Bailey | Tax cuts have hurt S.C. coffers

Senate confirms 2 picks for Haley Cabinet

But Republicans and some business officials say the focus is a preventative measure that will help pave the way for the state's

economic recovery.

To that end, S.C. politicians are working to shut out unions. Consider:

State lawmakers are considering a bill to exempt S.C. businesses from a proposed federal rule that would require them to notify

workers of their rights to unionize.

Haley has been sued in federal court by a machinists union for saying the state would try to keep unions out of the Boeing plant in

North Charleston. Plane maker Boeing chose the North Charleston site last year over one in Washington state because of South

5

NLRB-FOIA-00000688

Carolina's nonunion workers and state incentives given by legislators. The plant is the largest single industrial investment in state

history.

S.C. voters overwhelmingly approved a change in the state Constitution last November, guaranteeing workers the right to secret ballots

in union elections. The National Labor Relations Board has threatened to sue South Carolina, claiming the change is against federal

law.

Anti-union forces in South Carolina say they are nervous that President Obama and his appointees could create new federal rules that

provide new ins for unions.

"That's how they're going to try and get in," said Lewis Gossett, a labor lawyer who runs the S.C. Manufacturers Alliance.

Meanwhile, Democrats point to dwindling union enrollment across the nation and a growing anti-union sentiment, and they see no

reason to fear.

"Where's the threat? There isn't one," said state Rep. Gilda Cobb-Hunter, D-Orangeburg. "It's the most ridiculous marketing tool I've

ever seen. It's a wedge issue to keep people unfocused and not paying attention to the fact we're not creating jobs, not helping

education, not making the kind of changes that would improve this state."

Cobb-Hunter credits unions with helping build the nation's middle class. But, she added, they are losing steam to the point that most

business owners have no need to worry. "I don't think any company that pays a fair, livable wage and provides a good, safe working

environment has anything to worry about from unions," Cobb-Hunter said.

But J.J. Darby, director of the S.C. chapter of the small-business group the National Federation of Independent Business, said unions

have attempted to set up shop in small businesses in the past several years in Greenville and Charleston.

"We're aware there is activity, and it is causing our small businesses concern," he said. "And it's happening in small businesses, and it's

happening in businesses not associated with manufacturing. It's across the board."

Gossett, of the S.C. Manufacturers Association, said unions have no choice but to try to make in-roads into the South.

"Drive through the Midwest and the Northeast and look at unions' record - closed factories, one after the other, destroyed in part by the

inflexibility of union contracts," said Gossett, whose membership is overwhelmingly union-free. "They have declined in membership to

the point that they have nowhere else to go. If you're looking for a place to grow, you can't go back to the places where you destroyed

the industries. You want to come to places like here."

6

NLRB-FOIA-00000689

But Erin McKee, vice president of the S.C. chapter of the AFL-CIO, an umbrella group of unionized workers, said she rarely hears of

unions trying to get into South Carolina or expand.

"South Carolina is a tough place to set up a union," said McKee, of Charleston. "The biggest obstacle is usually that people get scared.

They want help, but they worry they'll get fired if they organize. And that's often the end of the unionization effort."

McKee points to examples where unions have increased safety in workplaces, raised salaries and given workers a voice. Despite that,

she said, South Carolina is increasingly anti-union.

"I don't understand it. I think we're moving in a direction where our governor and others would be happy if everybody worked for $8 an

hour with no benefits," she said.

South Carolina has opposed unions since about the 1880s, according to Hoyt Wheeler, a retired USC professor and labor expert. Then,

the promise of cheap, nonunion labor lured textile companies to the South from New England.

That anti-union sentiment still can be felt today.

Teachers and all other state employees do not have the right to collectively bargain or strike. South Carolina is also a right-to-work state,

meaning it is illegal to require union membership or dues payment as a condition of employment in the state.

The result: South Carolina has the sixth-lowest percentage of union members in the country, tied with Virginia. North Carolina has the

lowest, according to 2010 data from the U.S. Bureau of Labor Statistics.

"South Carolina has had the same strategy since the 1880s," Wheeler said. "But the whole idea of offering cheap labor is not a

competitive strategy anymore. China? India? We can't compete on that [wage] front anymore. I think South Carolina has other, better

things it can offer than this."

Business leaders say they are working to market the state on many fronts. But, they say, the state must hold the line on unions at the

same time to remain competitive.

"It's about flexibility for our businesses. It's about the fact that one company after another has died because of inflexible union work

rules," Gossett said. "In a global economy, you can't afford to work under those kinds of scenarios. You have to be able to work directly

with your employees."

The Sun News allows readers to comment on stories as a privilege; the views expressed in story comments are not those of the Sun News or

its staff. Readers are required to adhere to all commenting policies, and must avoid commenting behavior such as personal attacks, libelous

posts or inappropriate remarks. Users in violation of The Sun News' commenting policies can have their comments blocked, removed, and/or
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ultimately see their account banned from the site. Some comments may be reprinted in the newspaper. Registered user names will be posted

with comments.

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Microsoft Outlook

E 6 privacy

From:

Sent:

To:

Subject:

W ednesday, May 04, 2011 7:36 PM

Finch, Peter G.

seattletimes.com: Boeing lawyer rejects NLRB charges in 787 case

This message was sent to you by

E 6 privacy

as a service of The Seattle Times

http://www.seattletimes.com.

----------------------------------------------------------------------

Boeing lawyer rejects NLRB charges in 787 case

In a forceful letter to the National Labor Relations Board (NLRB), top Boeing lawyer Michael

Luttig rejected the labor agency's complaint against the company's opening of a South

Carolina 787 plant, writing that its charges "fundamentally misquote or mischaracterize

statements by Boeing executives."

http://seattletimes.nwsource.com/html/businesstechnology/2014961873_boeing05.html

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1

NLRB-FOIA-00000762

Microsoft Outlook

From:

Sent:

To:

Subject:

Cleeland, Nancy

Thursday, April 28, 2011 3:14 PM

Solomon, Lafe E.; Liebman, W ilma B.; Garza, Jose; Ferguson, John H.

letter from South Carolina and 8 other state ag's about lawsuits

Please see below; Now there are 9 states going after us. Bloomberg asks if we have a response.

Columbia - South Carolina Attorney General Alan Wilson and eight (8) other state attorneys general have

replied to a complaint filed against Boeing Corporation by the U.S. National Labor Relations Board (NLRB). The

complaint charges Boeing with the commission of an unfair labor practice, but appears to do so without legal

and factual foundation. The board claims Boeing is prohibited from expanding production of its planes beyond

the reach of unions currently associated with its workers in Washington State. South Carolina is a staunch right

to work state. In reality, Boeing expanded its production of 787 Dreamliners to South Carolina last year in

response to increase in demand. What the NLRB complaint fails to mention is the increased demand for the

planes prompted the creation of over 2,000 new jobs in Washington State first, and continued demand

subsequently required an expansion facility in South Carolina. Recognizing the dangerous precedent this

aggressive action could set against the right to work, job creation, and economic growth in many states, the

attorneys general wrote:

"This complaint represents an assault upon the constitutional right of free speech, and the ability of our states

to create jobs and recruit industry. Your ill-conceived retaliatory action seeks to destroy our citizens' right to

work. It is South Carolina and Boeing today, but will be any of our states, with our right to work guarantees,

tomorrow."

"...this tenuous complaint will reverberate throughout union and non-union states alike, as international

companies will question the wisdom of locating in a country where the federal government interferes in industry

without cause or justification."

"Our states are struggling to emerge from one of the worst economic collapses since the Depression. Your

complaint further impairs an economic recovery. Intrusion by the federal bureaucracy on behalf of unions will

not create a single new job or put one unemployed person back to work."

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov
1

NLRB-FOIA-00000763

2

NLRB-FOIA-00000764

Microsoft Outlook

From:

Sent:

To:

Subject:

Cleeland, Nancy

Thursday, April 28, 2011 3:17 PM

Cleeland, Nancy; Solomon, Lafe E.; Liebman, W ilma B.; Garza, Jose; Ferguson, John H.

RE: letter from South Carolina and 8 other state ag's about BOEING

Sorry – I meant to say about the Boeing complaint

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:14 PM

To: Solomon, Lafe E.; Liebman, Wilma B.; Garza, Jose; Ferguson, John H.

Subject: letter from South Carolina and 8 other state ag's about lawsuits

Please see below; Now there are 9 states going after us. Bloomberg asks if we have a response.

Columbia - South Carolina Attorney General Alan Wilson and eight (8) other state attorneys general have

replied to a complaint filed against Boeing Corporation by the U.S. National Labor Relations Board (NLRB). The

complaint charges Boeing with the commission of an unfair labor practice, but appears to do so without legal

and factual foundation. The board claims Boeing is prohibited from expanding production of its planes beyond

the reach of unions currently associated with its workers in Washington State. South Carolina is a staunch right

to work state. In reality, Boeing expanded its production of 787 Dreamliners to South Carolina last year in

response to increase in demand. What the NLRB complaint fails to mention is the increased demand for the

planes prompted the creation of over 2,000 new jobs in Washington State first, and continued demand

subsequently required an expansion facility in South Carolina. Recognizing the dangerous precedent this

aggressive action could set against the right to work, job creation, and economic growth in many states, the

attorneys general wrote:

"This complaint represents an assault upon the constitutional right of free speech, and the ability of our states

to create jobs and recruit industry. Your ill-conceived retaliatory action seeks to destroy our citizens' right to

work. It is South Carolina and Boeing today, but will be any of our states, with our right to work guarantees,

tomorrow."

1

NLRB-FOIA-00000765

"...this tenuous complaint will reverberate throughout union and non-union states alike, as international

companies will question the wisdom of locating in a country where the federal government interferes in industry

without cause or justification."

"Our states are struggling to emerge from one of the worst economic collapses since the Depression. Your

complaint further impairs an economic recovery. Intrusion by the federal bureaucracy on behalf of unions will

not create a single new job or put one unemployed person back to work."

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00000766

Microsoft Outlook

From:

Sent:

To:

Subject:

Garza, Jose

Thursday, April 28, 2011 3:19 PM

Cleeland, Nancy; Solomon, Lafe E.; Liebman, W ilma B.; Ferguson, John H.

RE: letter from South Carolina and 8 other state ag's about lawsuits

The 8 states have “replied” to the complaint through a letter? To whom? Do we have a copy?

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:14 PM

To: Solomon, Lafe E.; Liebman, Wilma B.; Garza, Jose; Ferguson, John H.

Subject: letter from South Carolina and 8 other state ag's about lawsuits

Please see below; Now there are 9 states going after us. Bloomberg asks if we have a response.

Columbia - South Carolina Attorney General Alan Wilson and eight (8) other state attorneys general have

replied to a complaint filed against Boeing Corporation by the U.S. National Labor Relations Board (NLRB). The

complaint charges Boeing with the commission of an unfair labor practice, but appears to do so without legal

and factual foundation. The board claims Boeing is prohibited from expanding production of its planes beyond

the reach of unions currently associated with its workers in Washington State. South Carolina is a staunch right

to work state. In reality, Boeing expanded its production of 787 Dreamliners to South Carolina last year in

response to increase in demand. What the NLRB complaint fails to mention is the increased demand for the

planes prompted the creation of over 2,000 new jobs in Washington State first, and continued demand

subsequently required an expansion facility in South Carolina. Recognizing the dangerous precedent this

aggressive action could set against the right to work, job creation, and economic growth in many states, the

attorneys general wrote:

"This complaint represents an assault upon the constitutional right of free speech, and the ability of our states

to create jobs and recruit industry. Your ill-conceived retaliatory action seeks to destroy our citizens' right to

work. It is South Carolina and Boeing today, but will be any of our states, with our right to work guarantees,

tomorrow."

"...this tenuous complaint will reverberate throughout union and non-union states alike, as international

companies will question the wisdom of locating in a country where the federal government interferes in industry

without cause or justification."

1

NLRB-FOIA-00000767

"Our states are struggling to emerge from one of the worst economic collapses since the Depression. Your

complaint further impairs an economic recovery. Intrusion by the federal bureaucracy on behalf of unions will

not create a single new job or put one unemployed person back to work."

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00000768

Microsoft Outlook

From:

Sent:

To:

Subject:

Cleeland, Nancy

Thursday, April 28, 2011 3:20 PM

Garza, Jose; Solomon, Lafe E.; Liebman, W ilma B.; Ferguson, John H.

RE: letter from South Carolina and 8 other state ag's about lawsuits

Here is their letter to congress http://www.scattorneygeneral.org/newsroom/pdf/2011/4.28.11_Letter_to_Congress_2.pdf

Here is their letter to us

http://www.scattorneygeneral.org/newsroom/pdf/2011/4.28.11_NLRB_Letter_Formatted_with_Signatures.pdf

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Garza, Jose

Sent: Thursday, April 28, 2011 3:19 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Liebman, Wilma B.; Ferguson, John H.

Subject: RE: letter from South Carolina and 8 other state ag's about lawsuits

The 8 states have “replied” to the complaint through a letter? To whom? Do we have a copy?

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:14 PM

To: Solomon, Lafe E.; Liebman, Wilma B.; Garza, Jose; Ferguson, John H.

Subject: letter from South Carolina and 8 other state ag's about lawsuits

Please see below; Now there are 9 states going after us. Bloomberg asks if we have a response.

Columbia - South Carolina Attorney General Alan Wilson and eight (8) other state attorneys general have

replied to a complaint filed against Boeing Corporation by the U.S. National Labor Relations Board (NLRB). The

complaint charges Boeing with the commission of an unfair labor practice, but appears to do so without legal

and factual foundation. The board claims Boeing is prohibited from expanding production of its planes beyond

the reach of unions currently associated with its workers in Washington State. South Carolina is a staunch right

to work state. In reality, Boeing expanded its production of 787 Dreamliners to South Carolina last year in

response to increase in demand. What the NLRB complaint fails to mention is the increased demand for the

planes prompted the creation of over 2,000 new jobs in Washington State first, and continued demand

subsequently required an expansion facility in South Carolina. Recognizing the dangerous precedent this

1

NLRB-FOIA-00000769

aggressive action could set against the right to work, job creation, and economic growth in many states, the

attorneys general wrote:

"This complaint represents an assault upon the constitutional right of free speech, and the ability of our states

to create jobs and recruit industry. Your ill-conceived retaliatory action seeks to destroy our citizens' right to

work. It is South Carolina and Boeing today, but will be any of our states, with our right to work guarantees,

tomorrow."

"...this tenuous complaint will reverberate throughout union and non-union states alike, as international

companies will question the wisdom of locating in a country where the federal government interferes in industry

without cause or justification."

"Our states are struggling to emerge from one of the worst economic collapses since the Depression. Your

complaint further impairs an economic recovery. Intrusion by the federal bureaucracy on behalf of unions will

not create a single new job or put one unemployed person back to work."

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00000770

Microsoft Outlook

From:

Sent:

To:

Subject:

Garza, Jose

Thursday, April 28, 2011 3:23 PM

Cleeland, Nancy; Solomon, Lafe E.; Liebman, W ilma B.; Ferguson, John H.

RE: letter from South Carolina and 8 other state ag's about lawsuits

Thank you.

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:20 PM

To: Garza, Jose; Solomon, Lafe E.; Liebman, Wilma B.; Ferguson, John H.

Subject: RE: letter from South Carolina and 8 other state ag's about lawsuits

Here is their letter to congress http://www.scattorneygeneral.org/newsroom/pdf/2011/4.28.11_Letter_to_Congress_2.pdf

Here is their letter to us

http://www.scattorneygeneral.org/newsroom/pdf/2011/4.28.11_NLRB_Letter_Formatted_with_Signatures.pdf

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Garza, Jose

Sent: Thursday, April 28, 2011 3:19 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Liebman, Wilma B.; Ferguson, John H.

Subject: RE: letter from South Carolina and 8 other state ag's about lawsuits

The 8 states have “replied” to the complaint through a letter? To whom? Do we have a copy?

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:14 PM

To: Solomon, Lafe E.; Liebman, Wilma B.; Garza, Jose; Ferguson, John H.

Subject: letter from South Carolina and 8 other state ag's about lawsuits

Please see below; Now there are 9 states going after us. Bloomberg asks if we have a response.

Columbia - South Carolina Attorney General Alan Wilson and eight (8) other state attorneys general have

replied to a complaint filed against Boeing Corporation by the U.S. National Labor Relations Board (NLRB). The

complaint charges Boeing with the commission of an unfair labor practice, but appears to do so without legal

and factual foundation. The board claims Boeing is prohibited from expanding production of its planes beyond
1

NLRB-FOIA-00000771

the reach of unions currently associated with its workers in Washington State. South Carolina is a staunch right

to work state. In reality, Boeing expanded its production of 787 Dreamliners to South Carolina last year in

response to increase in demand. What the NLRB complaint fails to mention is the increased demand for the

planes prompted the creation of over 2,000 new jobs in Washington State first, and continued demand

subsequently required an expansion facility in South Carolina. Recognizing the dangerous precedent this

aggressive action could set against the right to work, job creation, and economic growth in many states, the

attorneys general wrote:

"This complaint represents an assault upon the constitutional right of free speech, and the ability of our states

to create jobs and recruit industry. Your ill-conceived retaliatory action seeks to destroy our citizens' right to

work. It is South Carolina and Boeing today, but will be any of our states, with our right to work guarantees,

tomorrow."

"...this tenuous complaint will reverberate throughout union and non-union states alike, as international

companies will question the wisdom of locating in a country where the federal government interferes in industry

without cause or justification."

"Our states are struggling to emerge from one of the worst economic collapses since the Depression. Your

complaint further impairs an economic recovery. Intrusion by the federal bureaucracy on behalf of unions will

not create a single new job or put one unemployed person back to work."

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00000772

Microsoft Outlook

From:

Sent:

To:

Subject:

Cleeland, Nancy

Friday, April 29, 2011 11:28 AM

Solomon, Lafe E.; Kearney, Barry J.; Ahearn, Richard L.; Garza, Jose

more boeing

Small victories – the latest Fox.com story has this

The NLRB complaint attempts to keep Boeing from building 787 airliners in the Palmetto State plant, not shut

it down. But the company designed the facility to produce three of those type of airplanes each month.

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

1

NLRB-FOIA-00000773

Microsoft Outlook

From:

Sent:

To:

Subject:

Cleeland, Nancy

Friday, April 29, 2011 3:02 PM

Solomon, Lafe E.; Garza, Jose

FW : W eekly W rap-Up from Ed & W orkforce Republicans

We’re the headline news in the ed and workforce committee’s weekly mailing.

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Casey Buboltz [mailto:casey.buboltz@mail.house.gov]

Sent: Friday, April 29, 2011 3:00 PM

To: Cleeland, Nancy

Subject: Weekly Wrap-Up from Ed & Workforce Republicans

Congressman John Kline, Chairman

April 29, 2011

Latest News

NEW SURVEY

E&W Republicans Repond to Recent Action by the

National Labor Relations Board

Chairman John Kline (R-MN) released the following statement after Lafe

Solomon, Acting General Counsel of the National Labor Relations Board

(NLRB), issued a complaint alleging the Boeing Company violated federal

labor law by transferring a second production line to a non-union facility in

South Carolina:

“The recent action by the National Labor Relations Board threatens

American jobs at a time when more than 13 million individuals are

America will experience a debt

crisis unless Washington acts to

restore fiscal discipline. What is

the best way to put our nation

back on a fiscally responsible

path?

TAKE THE SURVEY >

E&W FORECAST: A LOOK

AT NEXT WEEK

searching for work. Although the facts of the case are still in dispute, it

Monday, May 2, 2011

appears an activist NLRB is more concerned about protecting certain

Nothing is scheduled.

special interests than the rights of all workers to compete for jobs. This

action will have a chilling effect on businesses looking to expand

Tuesday, May 3, 2011

operations, create jobs, and hire employees here in the United States. This

Nothing is scheduled.

kind of federal overreach helps demonstrate why so many workplaces

have closed their doors and moved overseas, and is an unprecedented

Wednesday, May 4, 2011

1

NLRB-FOIA-00000774

attack on the American workforce.”

Subcommittee on Workforce

Rep. Joe Wilson (R-SC): “Large employers operate in South Carolina due

to the welcoming climate provided by the right to work laws in the Palmetto

State. Empowering special interest groups to encourage the National

Labor Relations Board to wield uncontrolled influence over employers like

Boeing would hurt our state’s job growth and economy. I am hopeful this

claim by the NLRB will be rejected quickly.”

Protections hearing at 10:00 a.m. in

room 2175 Rayburn House Office

Building. Hearing on “Modernizing

Mine Safety.” Witnesses to be

announced.

Thursday, May 5, 2011

Full Committee hearing at 10:00

a.m. in room 2175 Rayburn House

Field Hearing Examines Connection Between Higher

Education and a Competitive Workforce

The Committee on Education and the Workforce held its third field hearing

to examine the important role of higher education and workforce training in

the nation’s economy. The hearing was held at Columbia State Community

College in Tennessee’s Fourth Congressional District, represented by

Congressman Scott DesJarlais. Witnesses testified about the education

and workforce needs in local communities, and the ability of higher

education to successfully prepare individuals to join the workforce.

Office Building (rescheduled from

April 13, 2011). Hearing with The

Honorable Kathleen Sebelius,

Secretary, U.S. Department of

Health and Human Services, on

“Policies and Priorities of the U.S.

Department of Health and Human

Services.”

Friday, May 6, 2011

Nothing is scheduled.

Chairman Kline and Rep. DesJarlais' full remarks and witness testimony

are available here: "Reviving our Economy: The Role of Higher Education

in Job Growth and Development"

MEET THE MEMBER

Rep. Lou Barletta (R-PA)

Rep. Barletta serves on the

Subcommittee on Early Childhood,

ICYMI: Noem Responds to NLRB Action Against

South Dakota

Elementary, and Secondary

Education, Subcommittee on Health,

Employment, Labor & Pensions, and

Subcommittee on Higher Education

and Workforce Training. Learn more

here:

barletta.house.gov

April 27, 2011

Twitter

By Tom Lawrence

Facebook

Youtube

Sen. John Thune and Rep. Kristi Noem criticized the Obama

administration and National Labor Relations Board for an announcement

Tuesday that the NLRB will attempt to invalidate a South Dakota

constitutional measure to allow workers to hold secret ballot elections

before a company could be unionized.

CONNECT

Facebook

The two Republican lawmakers said the ballot question was supported by

South Dakota voters in 2010 and should be allowed to stand. ...

Twitter

“Rather than suing states over state issues at the behest of big labor, the

Youtube

Obama administration should be focusing its efforts on creating jobs and

expanding domestic energy production to lower gas prices,” Noem said.

RSS Feeds

Read the full article.

Website

FORWARD TO A FRIEND | SHARE ON FACEBOOK | SHARE ON TWITTER | PERMALINK

2

NLRB-FOIA-00000775

Microsoft Outlook

From:

Sent:

To:

Subject:

W agner, Anthony R.

Tuesday, May 03, 2011 4:38 PM

Liebman, W ilma B.; Solomon, Lafe E.; Cleeland, Nancy; Schiff, Robert; Colwell, John F.;

Garza, Jose

Social media trends

There were very few new angles to the Boeing case today, notwithstanding Graham’s floor speech this morning.

The afternoon actually saw more traffic on the Reuters Twitter case than Boeing. A Littler blog lays out what Philip

Gordon, the author, believes are the basic parameters we’re using regarding social media and protected activity.

It also claims that we are collecting cases with the intention of revisiting Register Guard.

http://privacyblog.littler.com/2011/05/articles/labor-relations/the-latest-from-the-nlrb-on-social-

media/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+WorkplacePrivacyCounsel+(Workpla

ce+Privacy+Counsel)&utm_content=Google+Reader

On Boeing, there was little new, mostly a rehash of the arguments already made. The letter from Boeing has not

yet made it to any of the social media channels. The letter from the HELP Republicans made the rounds a bit:

http://help.senate.gov/newsroom/press/release/?id=0a2629be-691e-4ed7-8dc9-2f2b9a632641&groups=Ranking

The SC Attorney General went on Fox Business News to discuss Boeing. No new arguments:

http://video.foxbusiness.com/v/4674218/south-carolina-and-boeing-tee-off-on-nlrb/?playlist_id=87081

Tony Wagner

New Media Specialist | Office of Public Affairs

National Labor Relations Board (NLRB)

1099 14th Street NW, Suite 11550 | Washington, DC 20570

anthony.wagner@nlrb.gov | 202-273-0187 | cell: 202-375-9791

nlrb.gov | m.nlrb.gov | facebook.com/NLRBpage | @nlrb

1

NLRB-FOIA-00000776

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Attachments:

Garza, Jose

W ednesday, May 11, 2011 9:45 AM

Solomon, Lafe E.; Liebman, W ilma B.; Cleeland, Nancy

Schiff, Robert; Colwell, John F.; Abruzzo, Jennifer; Mattina, Celeste J.

Reid on the Senate floor this morning

image001.jpg

MR. REID: MADAM PRESIDENT, I RECOGNIZE THAT WE'RE IN A PARTISAN

ENVIRONMENT. AND IN A PARTISAN THERE IS TEMPTATION TO TURN

EVERY ISSUE INTO A POLITICAL ISSUE. WE CERTAINLY LIVE IN ONE OF

THOSE ENVIRONMENTS TODAY, AND THAT'S REGRETTABLE, BUT FAR FROM

UNFAMILIAR. POLITICS PLAY A ROLE IN OUR REPRESENTATIVE

GOVERNMENT AND OF COURSE THEY AS YOU HAVE. FOUNDERS CREATED A

SYSTEM OF CHECKS AND BALANCES, THREE BRANCHES OF GOVERNMENT,

FOR EXAMPLE, AND TWO CHAMBERS OF THE CONGRESS BECAUSE THEY

{09:33:53} (MR. REID) { NOT AN OFFICIAL TRANSCRIPT }

ANTICIPATED THIS. THEY WANTED TO KEEP US FROM LOSING OUR WAY.

LONG AFTER THAT SYSTEM WAS CREATED NEW INDEPENDENT FEDERAL

AGENCY WAS CREATED IN THE SAME SPIRIT OF CHECKS AN BALANCES.

THAT AGENCY IS THE NATIONAL LABOR RELATIONS BOARD. IT ACTS AS A

CHECK ON EMPLOYERS AN EMPLOYEES ALIKE. IT SAFEGUARDS EMPLOYEES'

RIGHTS TO UNIONIZE OR NOT UNIONIZE. IT MEDIATES ALLEGATIONS OF

UNFAIR LABOR AND IT DOES IT OUTSIDE ANY INDEPENDENT, THE ACTING

GENERAL COUNSEL IS A MAN WHO IS AS NONPARTISAN AND INDEPENDENT

{09:34:26} (MR. REID) { NOT AN OFFICIAL TRANSCRIPT }

AS THE AGENCY HE WORK FOR. LAST WEEK THEY ISSUED A COMPLAINT

AGAINST BOEING. THE COMPLAINT ALLEGES AFTER BOEING WORKERS IN

SOME STATES WENT ON STRIKE, THE COMPANY RETALIATED WHILE

OPENING A NEW PRODUCTION LINE IN A NONUNION FACILITY. THAT KIND

OF RETALIATION IS ILLEGAL. THAT'S JUST THE BACKGROUND. I'M NOT

HERE TO JUDGE THE MERITS OF THE CASE. IN FACT, I'M HERE TO DO

THE EXACT OPPOSITE. TO REMIND THE SENATE THAT PREJUDGING THE

CASE IS NOT OUR JOB. THAT WOULD OVERSTEP LONG ESTABLISHED

{09:35:00} (MR. REID) { NOT AN OFFICIAL TRANSCRIPT }

VALUES AND WEAKEN THE SYSTEM OF CHECKS AND BALANCES. LATELY

THOUGH. SO OUR REPUBLICAN COLLEAGUES HAVE ATTACKED THE NLRB AND

TRIED TO POISON THE DECISION PROCESS. FOR EXAMPLE, EVERY

REPUBLICAN SENATOR ON THE "HELP" COMMITTEE, AND, MADAM

PRESIDENT, LET'S REMIND EVERYONE THE L IN HELP STANDS FOR

LABOR, THEY SENT A LETTER TO THE ACTING GENERAL COUNSEL

DEFENDING BOEING. THE LETTER ITSELF WAS SENT SIX WEEKS BEFORE A

{09:35:32} (MR. REID) { NOT AN OFFICIAL TRANSCRIPT }
1

NLRB-FOIA-00000777

HEARING TAKES PLACE SEEMS QUESTIONABLE AT THE VERY BEST. BUT

THESE 10 REPUBLICANS WENT FURTHER. THEY WENT OUT OF THEIR WAY

TO LINK THEIR REQUEST TO THE ACTING GENERAL COUNSEL'S PENDING

NOMINATION. IF THERE WERE EVER A CASE OF INTIMIDATION, THAT

SOUNDS LIKE IT TO ME. THAT'S NOT ALL. EIGHT STATE ATTORNEY

GENERAL ALL REPUBLICANS ALL SIGNED A LETTER TO THE ACTING

GENERAL COUNSEL CALLING ON HIM TO WITHDRAW THE COMPLAINT ON

BOEING. AGAIN, LONG BEFORE AN ADMINISTRATIVE JUDGE HAS HAD AN

OPPORTUNITY TO LOOK AT THE CASE. I STRONGLY ENCOURAGE ALL OF

{09:36:04} (MR. REID) { NOT AN OFFICIAL TRANSCRIPT }

THEM TO TAKE A STEP BACK, MY REPUBLICAN COLLEAGUES ON THE

"HELP" COMMITTEE AND THESE ATTORNEYS GENERAL. WE ALL KNOW THAT

REPUBLICANS DISLIKE ORGANIZED LABOR. WE KNOW THEY DISDAIN

UNIONS BECAUSE UNIONS DEMAND FAIRNESS AND EQUALITY FROM BIG

BUSINESSES. SO LET'S BE HONEST, REPUBLICANS ARE THREATENED BY

UNIONS. THEY'RE THREATENED BECAUSE WHEN A LARGE ORGANIZED GROUP

IS SO CONCERNED WITH WORKERS' RIGHTS, THE MEMBERS OF THAT GROUP

VOTE IN LARGE NUMBS AND BECAUSE REPUBLICANS AND BIG -- NUMBERS

{09:36:40} (MR. REID) { NOT AN OFFICIAL TRANSCRIPT }

AND BUS REPUBLICANS AND BIG BUSINESSES THEY DEFEND TAKE AWAY

WORKERS RIGHTS. THIS KIND OF INTERFERENCE IS INAPPROPRIATE,

IT'S DISGRACEFUL AND DANGEROUS. WE WOULDN'T ALLOW THREATS TO

PROSECUTORS OR U.S. ATTORNEYS TRYING TO STOP THEM FROM MOVING

FORWARD WITH CHARGES THEY SEE FIT TO BRING TO THE COURTS AND WE

SHOULDN'T STAND FOR THIS. IT MAY NOT BE ILLEGAL, BUT IT'S NO

BETTER THAN THE RETALIATION AND INTIMIDATION AND IT'S THE

FUNDAMENTAL QUESTION IN THIS CASE AND SHOULD STOP. WE NEED

AGENCIES LIKE THE NLRB TO BE ABLE TO OPERATE FREELY AND WITHOUT

{09:37:11} (MR. REID) { NOT AN OFFICIAL TRANSCRIPT }

POLITICAL PRESSURES. WE NEED TO KEEP OUR INDEPENDENT AGENCIES

INDEPENDENT. IN THIS CASE IT'S FOR HOME TO DECIDE NOT FOR US TO

DECIDE. WOULD THE CHAIR NOW ANNOUNCE MORNING BUSINESS.

From: Naill, Adam (HELP Committee)

Sent: Wednesday, May 11, 2011 9:35 AM

To: jose.garza@nlrb.gov

Subject: FW: reid speaking now on NLRB

2

NLRB-FOIA-00000778

NLRB-FOIA-00000779

Microsoft Outlook

From:

Sent:

To:

Subject:

Todd, Dianne

Monday, June 07, 2010 7:56 PM

Ahearn, Richard L.; Jablonski, Colleen G.

Boeing

Rich,

I spoke to Dave Campbell today and he would like to meet with you to go over the case as it stands

and see if there are any questions or issues they can address more fully.

Thanks,

Dianne Todd

Board Agent

NLRB, Region 19

Ph: 206-220-6319

Fax: 206-220-6305

1

NLRB-FOIA-00000780

Microsoft Outlook

From:

Sent:

To:

Subject:

Ahearn, Richard L.

Monday, June 07, 2010 8:08 PM

Todd, Dianne; Jablonski, Colleen G.

Re: Boeing

Discuss Tuesday?

Rich

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Todd, Dianne

To: Ahearn, Richard L.; Jablonski, Colleen G.

Sent: Mon Jun 07 19:56:12 2010

Subject: Boeing

Rich,

I spoke to Dave Campbell today and he would like to meet with you to go over the case as it stands

and see if there are any questions or issues they can address more fully.

Thanks,

Dianne Todd

Board Agent

NLRB, Region 19

Ph: 206-220-6319

Fax: 206-220-6305

1

NLRB-FOIA-00000781

Microsoft Outlook

From:

Sent:

To:

Subject:

Todd, Dianne

Tuesday, June 22, 2010 5:38 PM

Jablonski, Colleen G.; Ahearn, Richard L.

Correction re EAJA Boeing

nd

I actually sent the EAJA to Boeing on June 8 with a deadline of June 25, so I will send out the 2

request for documents accordingly.

Thanks

Dianne Todd

Board Agent

NLRB, Region 19

Ph:

206-220-6319

Fax: 206-220-6305

1

NLRB-FOIA-00000782

Microsoft Outlook

From:

Sent:

To:

Subject:

Todd, Dianne

Thursday, August 05, 2010 5:48 PM

Ahearn, Richard L.; Jablonski, Colleen G.

Boeing meeting

Rich and Colleen

Well, Dave Campbell and the rest would still like to meet with you, in addition to meeting with Advice.

These are the dates and times they have available:

Mon., Aug. 16 in the morning

Tues., Aug. 17 after 2 p.m.

Wed., Aug. 18 in the morning

I am available to meet anytime. Once you give me your availabilities, I’ll get back to Dave.

Thanks

Dianne

1

NLRB-FOIA-00000783

Microsoft Outlook

From:

Sent:

To:

Subject:

Jablonski, Colleen G.

Thursday, August 05, 2010 6:39 PM

Todd, Dianne

RE: Boeing meeting

I prefer not to meet on Monday. Th, C

From: Todd, Dianne

Sent: Thursday, August 05, 2010 2:48 PM

To: Ahearn, Richard L.; Jablonski, Colleen G.

Subject: Boeing meeting

Rich and Colleen

Well, Dave Campbell and the rest would still like to meet with you, in addition to meeting with Advice.

These are the dates and times they have available:

Mon., Aug. 16 in the morning

Tues., Aug. 17 after 2 p.m.

Wed., Aug. 18 in the morning

I am available to meet anytime. Once you give me your availabilities, I’ll get back to Dave.

Thanks

Dianne

1

NLRB-FOIA-00000784

Microsoft Outlook

From:

Sent:

To:

Subject:

Todd, Dianne

Thursday, August 05, 2010 6:40 PM

Jablonski, Colleen G.

RE: Boeing meeting

Ok, how about 10:00, Wednesday, August 18?

From: Jablonski, Colleen G.

Sent: Thursday, August 05, 2010 3:39 PM

To: Todd, Dianne

Subject: RE: Boeing meeting

I prefer not to meet on Monday. Th, C

From: Todd, Dianne

Sent: Thursday, August 05, 2010 2:48 PM

To: Ahearn, Richard L.; Jablonski, Colleen G.

Subject: Boeing meeting

Rich and Colleen

Well, Dave Campbell and the rest would still like to meet with you, in addition to meeting with Advice.

These are the dates and times they have available:

Mon., Aug. 16 in the morning

Tues., Aug. 17 after 2 p.m.

Wed., Aug. 18 in the morning

I am available to meet anytime. Once you give me your availabilities, I’ll get back to Dave.

Thanks

Dianne

1

NLRB-FOIA-00000785

Microsoft Outlook

From:

Sent:

To:

Subject:

Todd, Dianne

Thursday, August 05, 2010 6:40 PM

Ahearn, Richard L.; Jablonski, Colleen G.

RE: Boeing meeting

Ok, how about 10:00, Wednesday, August 18?

From: Ahearn, Richard L.

Sent: Thursday, August 05, 2010 3:08 PM

To: Todd, Dianne; Jablonski, Colleen G.

Subject: RE: Boeing meeting

th

Let’s give Colleen a break from her hard week playing in SD and go for the 18
.

OK??????

Rich

From: Todd, Dianne

Sent: Thursday, August 05, 2010 2:48 PM

To: Ahearn, Richard L.; Jablonski, Colleen G.

Subject: Boeing meeting

Rich and Colleen

Well, Dave Campbell and the rest would still like to meet with you, in addition to meeting with Advice.

These are the dates and times they have available:

Mon., Aug. 16 in the morning

Tues., Aug. 17 after 2 p.m.

Wed., Aug. 18 in the morning

I am available to meet anytime. Once you give me your availabilities, I’ll get back to Dave.

Thanks

Dianne

1

NLRB-FOIA-00000786

Microsoft Outlook

From:

Sent:

To:

Subject:

Jablonski, Colleen G.

Thursday, August 05, 2010 6:42 PM

Todd, Dianne

RE: Boeing meeting

Yes.

From: Todd, Dianne

Sent: Thursday, August 05, 2010 3:40 PM

To: Ahearn, Richard L.; Jablonski, Colleen G.

Subject: RE: Boeing meeting

Ok, how about 10:00, Wednesday, August 18?

From: Ahearn, Richard L.

Sent: Thursday, August 05, 2010 3:08 PM

To: Todd, Dianne; Jablonski, Colleen G.

Subject: RE: Boeing meeting

th

Let’s give Colleen a break from her hard week playing in SD and go for the 18
.

OK??????

Rich

From: Todd, Dianne

Sent: Thursday, August 05, 2010 2:48 PM

To: Ahearn, Richard L.; Jablonski, Colleen G.

Subject: Boeing meeting

Rich and Colleen

Well, Dave Campbell and the rest would still like to meet with you, in addition to meeting with Advice.

These are the dates and times they have available:

Mon., Aug. 16 in the morning

Tues., Aug. 17 after 2 p.m.

Wed., Aug. 18 in the morning

I am available to meet anytime. Once you give me your availabilities, I’ll get back to Dave.

Thanks

Dianne

1

NLRB-FOIA-00000787

Microsoft Outlook

Subject:

Location:

Boeing Meeting

RD office

Start:

End:

W ed 8/18/2010 1:30 PM

W ed 8/18/2010 2:30 PM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Todd, Dianne; Ahearn, Richard L.; Jablonski, Colleen G.

When: Wednesday, August 18, 2010 10:30 AM-11:30 AM (GMT-08:00) Pacific Time (US & Canada).

Where: RD office

*~*~*~*~*~*~*~*~*~*

1

NLRB-FOIA-00000788

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

nxgen@nlrb.gov

Monday, August 16, 2010 1:46 PM

ML-19SEA-Efile

ML-NxGenW orkFlow

PROD: Action Required - NxGen eFiling Received for 19-CA-032431, Boeing Company

This is to notify you of a new eFiling that has been assigned to your office for 19-CA-

032431, Boeing Company.

The eFiling type is PST and the associated Action is General.

1

NLRB-FOIA-00000789

Microsoft Outlook

From:

Sent:

To:

Subject:

Ahearn, Richard L.

W ednesday, May 11, 2011 2:26 PM

Pomerantz, Anne; Anzalone, Mara-Louise; Finch, Peter G.; Todd, Dianne; Jablonski, Colleen

G.

FW : Google Alert - National labor relations board

3 new results for National labor relations board

News

Boeing lashes out at US labor board over complaint

Reuters

Chief Executive Jim McNerney said in an opinion piece published in the Wall Street Journal on Wednesday that the National Labor

Relations Board was "wrong and has far overreached its authority." McNerney's defense came ahead of a June hearing on the ...

See all stories on this topic »

Harry Reid Tells GOP To Stop Pressuring Independent Labor Agency

TPMDC

Majority Leader Harry Reid (D-NV) defended the National Labor Relations Board on Wednesday amid a concentrated attack from

prominent Republicans around the country, accusing conservative critics of meddling with an independent federal agency. ...

See all stories on this topic »

Top Dem scolds GOP on NLRB Stance

WLTX.com

By RAJU CHEBIUM Washington (Gannett News Service) - The most powerful Democrat in Congress, Senate Majority Leader Harry

Reid, said today it's "disgraceful and dangerous" for Republicans to meddle in the National Labor Relations Board's case against ...

See all stories on this topic »

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1

NLRB-FOIA-00000790

Microsoft Outlook

Subject:

Boeing w/ BJK

Start:

End:

Mon 10/18/2010 11:00 AM

Mon 10/18/2010 11:30 AM

Recurrence:

(none)

1

NLRB-FOIA-00000791

Microsoft Outlook

Subject:

Boeing screening

Start:

End:

W ed 10/20/2010 9:30 AM

W ed 10/20/2010 10:00 AM

Recurrence:

(none)

1

NLRB-FOIA-00000792

Microsoft Outlook

Subject:

Location:

Boeing

Barry's office

Start:

End:

Tue 12/14/2010 10:30 AM

Tue 12/14/2010 12:30 PM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Sophir, Jayme; Kearney, Barry J.; Farrell, Ellen; W illen, Debra L; Szapiro, Miriam; Katz, Judy;

Omberg, Bob; Ahearn, Richard L.

When: Tuesday, December 14, 2010 10:30 AM-11:00 AM (GMT-05:00) Eastern Time (US & Canada).

Where: Barry's office

Note: The GMT offset above does not reflect daylight saving time adjustments.

*~*~*~*~*~*~*~*~*~*

1

NLRB-FOIA-00000793

Microsoft Outlook

Subject:

Lafe-pre-Boeing

Start:

End:

W ed 12/15/2010 9:30 AM

W ed 12/15/2010 10:00 AM

Recurrence:

(none)

1

NLRB-FOIA-00000794

Microsoft Outlook

Subject:

Boeing--Union Counsel w/ GC

Start:

End:

Show Time As:

W ed 1/19/2011 1:30 PM

W ed 1/19/2011 2:30 PM

Free

Recurrence:

(none)

Meeting Status:

Meeting organizer

1

NLRB-FOIA-00000795

Microsoft Outlook

Subject:

Pre-Boeing meeting w/ Lafe

Start:

End:

W ed 1/19/2011 11:00 AM

W ed 1/19/2011 11:30 AM

Recurrence:

(none)

Meeting Status:

Meeting organizer

1

NLRB-FOIA-00000796

Microsoft Outlook

Subject:

Pre-Boeing meeting w/ BJK

Start:

End:

W ed 1/19/2011 9:30 AM

W ed 1/19/2011 10:00 AM

Recurrence:

(none)

Meeting Status:

Meeting organizer

1

NLRB-FOIA-00000797

Microsoft Outlook

Subject:

Cadre meeting

Start:

End:

Thu 1/20/2011 9:30 AM

Thu 1/20/2011 10:00 AM

Recurrence:

(none)

Meeting Status:

Meeting organizer

Required Attendees:

Katz, Judy; Omberg, Bob; Sokolow, Steven L.; Canas, Heather; Compton, Kayce R.; Lussier,

Richard; Oddis, Robert N.; Solowiej, Sandra M.; Mantz, John

Hopefully, the third time is a charm. Sorry but we were still in the Boeing meeting until 4:15.

1

NLRB-FOIA-00000798

Microsoft Outlook

Subject:

Location:

The Boeing Company - Case 19-CA-32431

BJK's Office

Start:

End:

Show Time As:

Thu 10/7/2010 10:00 AM

Thu 10/7/2010 11:00 AM

Tentative

Recurrence:

(none)

Meeting Status:

Not yet responded

Required Attendees:

Bush, Lynn; Kearney, Barry J.; Sophir, Jayme; Szapiro, Miriam; W illen, Debra L; Baniszewski,

Joseph

When: Thursday, October 07, 2010 10:00 AM-11:00 AM (GMT-05:00) Eastern Time (US & Canada).

Where: BJK's Office

*~*~*~*~*~*~*~*~*~*

Agenda with Barry!!!!!!

1

NLRB-FOIA-00000799

Microsoft Outlook

Subject:

Location:

Boeing Company - Case 19-CA-32431

General Counsel's Office

Start:

End:

Show Time As:

Mon 10/18/2010 2:00 PM

Mon 10/18/2010 3:00 PM

Tentative

Recurrence:

(none)

Meeting Status:

Not yet responded

Required Attendees:

Bush, Lynn; Kearney, Barry J.; Farrell, Ellen; Szapiro, Miriam; W illen, Debra L; Baniszewski,

Joseph; Sophir, Jayme; Havard, Fred C.

When: Monday, October 18, 2010 2:00 PM-3:00 PM (GMT-05:00) Eastern Time (US & Canada).

Where: General Counsel's Office

*~*~*~*~*~*~*~*~*~*

General Counsel Agenda!!

1

NLRB-FOIA-00000800

Microsoft Outlook

Subject:

Location:

Boeing

Barry's office

Start:

End:

Tue 12/14/2010 10:30 AM

Tue 12/14/2010 11:00 AM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Sophir, Jayme; Kearney, Barry J.; Farrell, Ellen; W illen, Debra L; Szapiro, Miriam; Katz, Judy;

Omberg, Bob; Ahearn, Richard L.

When: Tuesday, December 14, 2010 10:30 AM-11:00 AM (GMT-05:00) Eastern Time (US & Canada).

Where: Barry's office

Note: The GMT offset above does not reflect daylight saving time adjustments.

*~*~*~*~*~*~*~*~*~*

1

NLRB-FOIA-00000801

Microsoft Outlook

Subject:

Location:

Discuss Boeing press approach

GC's office

Start:

End:

W ed 4/13/2011 4:00 PM

W ed 4/13/2011 5:00 PM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Farrell, Ellen; Solomon, Lafe E.; Mattina, Celeste J.; Cleeland, Nancy; Kearney, Barry J.;

Ahearn, Richard L.

When: Wednesday, April 13, 2011 4:00 PM-5:00 PM (GMT-05:00) Eastern Time (US & Canada).

Where: GC's office

Note: The GMT offset above does not reflect daylight saving time adjustments.

*~*~*~*~*~*~*~*~*~*

1

NLRB-FOIA-00000802

Microsoft Outlook

From:

Sent:

To:

Subject:

Employment Law360 [news@portfoliomedianl.com]

Friday, April 29, 2011 12:00 AM

Kelly, David A.

Employment Law360: Litigation, Policy & People News

DuPont Did Not Spoliate By Deleting Emails: Judge

A Virginia federal judge ruled Wednesday that DuPont Co. shouldn't be

sanctioned for deleting emails Kolon Industries Inc. alleged were relevant

to its defense against claims it used trade secrets stolen by a DuPont

employee related to body armor component Kevlar.

Attys Cast Doubt On Abercrombie's Preppy Look Defense

While some employers have won the right to enforce strict dress codes

despite employees' religious beliefs, Abercrombie & Fitch Stores Inc.'s

argument that its preppy image would suffer if it let a sales worker wear a

Muslim head scarf likely won't defeat a federal agency's discrimination suit,

attorneys say.

AGs Lambast NLRB's Claims Against Boeing

The attorneys general of nine states banded together Thursday to fight the

National Labor Relations Board’s recent complaint against Boeing Co.'s new

nonunion production facility, saying the action will impede economic

recovery and business development

KBR Truckers Win Class Cert. In Arbitration Over OT

An arbitrator in California granted class certification Thursday to a group of

truckers who said KBR Inc. breached an employment agreement by

pressuring them to underreport hours worked under a military contract in

Iraq.

Lockout Lifted, NFL Players Back To Business For Now

The NFL said Thursday that players would be allowed to use team facilities

and meet with coaches Friday morning, after a Minnesota federal judge

denied the league's bid to stay an injunction on a player lockout in an

antitrust class action.

9th Circ. OKs Breakup Of UPS Wage-And-Hour Class

The Ninth Circuit affirmed a ruling Thursday that decertified a class of UPS

Inc. supervisors who alleged the shipper failed to pay them for overtime

and breaks, but refused to overturn a $1.4 million judgment for the

individual plaintiff.

9th Circ. Revives CFAA Counts In Search Firm Case

The Ninth Circuit reinstated five Computer Fraud and Abuse Act counts

Thursday in a criminal case against a former managing director at an

executive search firm who allegedly conspired to steal trade secrets to help

launch his own search firm.

April 29, 2011

Law Firms Mentioned

Altshuler Berzon

Arnstein & Lehr

Boies Schiller

Bracewell & Giuliani

Butzel Long

Cadwalader Wickersham

Cohen Weiss

Constangy Brooks

Covington & Burling

Crowell & Moring

Day Pitney

Dechert

Dewey & LeBoeuf

Dickstein Shapiro

Doerner Saunders

Finnegan

Hausfeld

Heins Mills

Howrey LLP

Ice Miller

Jackson Lewis

Keller Rohrback

King & Spalding

Kirkland & Ellis

Lerner David

Lewis Feinberg

Locke Lord

McGuireWoods

Milbank Tweed

Munger Tolles

Nixon Peabody

Orrick Herrington

Paul Hastings

Porter Wright

Pryor Cashman

SNR Denton

Seyfarth Shaw

Sidley Austin

Silver Freedman

Vorys Sater

Weil Gotshal

Windels Marx

Zelle Hofmann

1

NLRB-FOIA-00000803

Companies Mentioned

AT&T Inc.

Abercrombie & Fitch

had not exhausted his administrative remedies before he brought a

American Express Company

putative class action accusing the accounting firm of shortchanging pension

Angiotech Pharmaceuticals, Inc.

recipients and tossed the suit.

Costco Wholesale Corporation

Dell Inc.

6th Circ. Flunks DOL Suit Over Student Labor

Halliburton Company

The Sixth Circuit has thrown out a U.S. Department of Labor lawsuit

Huntington Bancshares Incorporated

against a Tennessee religious school's student work experience program, in
Juniper Networks

KBR, Inc.

a decision that clarifies what kind of student work is legal.

KLA-Tencor Corporation

Kraft Foods Inc.

Northrop Background Checks Violate Rights: Suit

New York Times Co.

Northrop Grumman Systems Corp. was hit with a class action in Virginia on

Northrop Grumman Corporation

Thursday for allegedly refusing to hire a woman based on results of a

TELUS Corporation

consumer background check without disclosing the details of the report,

The Boeing Company

violating the Fair Credit Reporting Act.

The Great Atlantic & Pacific Tea Company,

Inc.

Vitran Corporation, Inc.

$1.5M Huntington ERISA Deal Wins Judge's Initial OK

2nd Circ. Favors Deloitte In Pension Plan Action

The Second Circuit on Thursday ruled that a former Deloitte LLP attorney

An Ohio federal judge on Thursday preliminarily approved a $1.45 million

settlement between Huntington Bancshares Inc. and a class of employees

who claimed the company kept their retirement plan heavily invested in

Huntington stock despite its exposure to subprime mortgage-related

losses.

Dechert Denies 'Macho' Claims In Ex-Associate's Suit

Dechert LLP said Tuesday it does not force male attorneys to act “macho”

or expect women to shoulder family responsibilities, denying a former

Boston associate's claim that he was fired for flouting gender stereotypes

by caring for his mentally ill wife.

District Court Cases Mentioned

Ayanna v. Dechert LLP

Bourdelais v. Northrop Grumman System...

Brady et al v. National Football Leag...

E. I. du Pont de Nemours and Company ...

George et al v. Kraft Foods Global, I...

Magistrate judge case number:Â

Pryor et al v. Overseas Administrativ...

Riccio v. Huntington Bancshares Incor...

Securities And Exchange Commission v....

Solis v. Hill Country Farms, Inc. et al

United States of America v. Qin et al

Morgan & Finnegan Trustee Wants Former Attys' Docs

Morgan & Finnegan LLP's Chapter 7 trustee sought Wednesday in New York

bankruptcy court to compel 13 ex-M&F attorneys to produce documents

related to clients and unfinished business he believes they might have

brought with them from the failing IP boutique.

Couple Eyed In GM Secrets Theft Renews Subpoena Bid

A former General Motors Co. employee and her husband accused of

stealing $40 million worth of hybrid technology trade secrets renewed their

request before a Michigan federal judge Wednesday to force the automaker

to share information related to the investigation.

Ex-Juniper GC Fights SEC Witnesses In Backdating Case

An ex-Juniper Networks Inc. general counsel asked a California federal

judge Thursday to bar the U.S. Securities and Exchange Commission from

using testimony from certain Juniper investors in its case alleging she took

part in a $900 million stock options backdating scheme.

Plaintiffs Drub Class Expert In Kraft ERISA Action

Plaintiffs accusing Kraft Foods Global Inc. of mismanaging pension funds

fired back Wednesday at the company's effort to decertify their Illinois

class action, blasting a Kraft expert witness who argued that no Employee

Retirement Income Security Act suit is class-certifiable.

Turkey Co. Ordered To Pay Workers $1.7M In FLSA Suit

An Iowa federal judge has ruled that Hill Country Farms Inc. illegally

underpaid its intellectually disabled workers and ordered the company to

pay them $1.76 million in back wages and damages, the U.S. Department

of Labor announced Wednesday.

Accused Sandhogs Union Embezzler Can't Shake Charges

A New York federal judge on Tuesday refused to throw out the

government's 17-count case against Melissa King, owner of King Care LLC,

who is charged with embezzling $42 million from a sandhogs union's

2

NLRB-FOIA-00000804

benefit plan and splurging on luxuries.

Bankrupt A&P's $4M Incentive Plan Gets OK

A New York bankruptcy judge approved a $3.7 million incentive plan for top

executives of supermarket chain The Great Atlantic & Pacific Tea Co. Inc.

over objections that it was a too-generous retention plan masquerading as

an incentive plan.

Expert Analysis

Who Has Jurisdiction Over CBA Disputes?

It has been long held that the Supreme Court favors the use of arbitration

for resolving employment contract disputes, yet the National Labor

Relations Board's argument that it has concurrent jurisdiction over all

matters relating to collective bargaining agreements would surely cause

industrial chaos, says Bruce Mills of B.F. Mills & Associates.

AT&T Mobility V. Concepcion: A Win For Class Waivers

The U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion

upholds the ability of companies to limit consumer class actions through

arbitration agreements and provides guidance on how best to do so. It also

strikes a major blow against positions strongly held by the plaintiffs’ class

action bar, say Benjamin Dwyer and Christopher Mason of Nixon Peabody

LLP.

Using Injunctions In 'Bet-The-Company' Litigation

The tool of injunctive relief can be very effective in preventing fatal harm to

businesses, but companies and their counsel need to be prepared for the

possibility of having to seek urgent relief in the courts, say Stephen Crain

and Jessica Hart of Bracewell & Giuliani LLP.

Legal Industry

Firms Fear Potential Pitfalls Of Alternative Fees

Most corporate clients now expect firms to offer alternative fees, and while

many do, some remain resistant to bailing on the billable hour in favor of

potentially riskier cost arrangements, according to a new survey of firm

leaders and in-house attorneys.

Arnstein & Lehr Snags Ill. Lawmaker For Gov't Group

Arnstein & Lehr LLP announced Wednesday that it had hired Illinois state

Rep. Jim Durkin, R-Western Springs, as a partner to boost the Chicago-

based firm's governmental and municipal affairs practice.

Story ideas, expert analysis, and firm profiles:

Contact the editors.

Subscription services:

Subscribe online or contact customer service

Not sure if your firm subscribes? Ask your librarian.

Unsubscribe from this list .

3

NLRB-FOIA-00000805

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Prop3=19,2

NLRB-FOIA-00000806

Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

W ednesday, May 11, 2011 3:06 PM

Abruzzo, Jennifer; Ahearn, Richard L.; Ananthanayagam, Shanti; Arlook, Martin M.;

Baniszewski, Joseph; Barker, Joseph; Becker, Craig; Blyer, Alvin P.; Bonett Jr., Edward J.;

Boren, Dennis R.; Burton, Spence; Carlton, Peter J.; Chester, Robert W .; Christman Jr.,

Thomas J.; Cleeland, Nancy; Colwell, John F.; Cowen, W illiam B.; Dreeben, Linda J.; Eddins-

Hill, Rosalind Elaine; Englehart, Bob; Farrell, Ellen; Fedorova, Ioulia; Ferguson, John H.; Fies-

Keller, Cara L.; Figueroa, Marta; Flynn, Terence F.; Franklin, Kirk; Garza, Jose; Glasser,

Stephen M.; Gold, W ayne R.; Goldstein, Dawn; Gottschalk, Irving E.; Graham, David; Grant,

Regina; Griffin, Jill; Guest, Matt; Habenstreit, David; Hankins, Raymond; Hayes, Brian;

Heinzmann, Kym; HELTZER, LES (Hdqs); Hirozawa, Kent; Hollo, Elana R.; Hooks, Ronald K.;

Howard, Deidran; Jacob, Fred B.; James, Kathleen; Jones, Harry; Joseph, Gloria; Kane,

Robert F.; Karsh, Aaron; Katz, Judy; Kearney, Barry J.; Kelly, David A.; Kilpatrick, Elizabeth;

Kinard, Martha E.; Krafts, Andrew J.; Lee, Sydney A.; Lennie, Rachel G.; Levin, Nelson;

Levitan, Daniel; Ley, Rhonda; Lieber, Margery E.; Liebman, W ilma B.; Lightner, J. Michael;

Lineback, Rik D.; Martin, David P.; Mattina, Celeste J.; McDermott, James J.; McKinney, M.

Kathleen; Mills, Jacqueline; Moore-Duncan, Dorothy L.; Moran, Gail R.; Morgan, Terry A.;

Murphy, James R.; Ohr, Peter S.; Osthus, Marlin O.; Overstreet, Cornele; Pearce, Mark G.;

Purcell, Anne G.; Reynolds, Vanita S.; Rivchin, Julie Y.; Robinson, Miles A; Rosenberg,

Joshua; Saunders, Josh D; Schiff, Robert; Shapiro, Ken; Siegel, Richard A.; Simms, Abby;

Smith, Barry F.; Solomon, Lafe E.; Sophir, Jayme; Spector, Jennifer R.; Tellem, Elbert F.;

Tendrich, Robert; Thompson, Scott C.; Tuli, Manisha E.; W agner, Anthony; W illiams, Harold;

Yaffe, Deborah; Zick, Lara S.

Senator Reid's Full Statement

Newsroom

May 11, 2011

Reid: We Must Keep Independent Agencies Independent, Allow

Them To Operate Freely And Without Political Pressure

http://democrats.senate.gov/newsroom/record.cfm?id=332789&

Washington, D.C.–Nevada Senator Harry Reid made the following remarks today regarding the National

Labor Relations Board. Below are his remarks as prepared for delivery:

“In a partisan environment, there is the temptation turn every issue into a political issue. We certainly live in

one of those environments.

“That’s regrettable, but far from unfamiliar. Politics play a role in our representative government, of course,

and they always have. The Founders created a system of checks and balances – three branches of government,

for example, and two chambers of the Congress – precisely because they anticipated these passions. They

wanted to keep us from losing our way.

“Long after that system was created, a new independent federal agency was created in the same spirit of checks

and balances. That agency is the National Labor Relations Board, and it acts as a check on employers and

employees alike. It safeguards employees’ rights to unionize or not to unionize, if they so choose. It mediates

allegations of unfair labor practices. And it does all this independent of any outside influence.

“The acting general counsel of the NLRB is a man who is as nonpartisan and independent as the agency he

works for. Last month, he issued a complaint against one of America’s largest companies, Boeing. The
1

NLRB-FOIA-00000807

complaint alleges that after Boeing workers in some states went on strike, the company retaliated by opening a

new production line in a non-union facility. That kind of retaliation, if that’s what happened, is illegal.

“That’s just the background. I’m not here to judge the merits of the case. In fact, I’m here to do the exact

opposite: to remind the Senate that prejudging the case is not our job. That would overstep long-established

boundaries and weaken our system of checks and balances.

“Lately, though, some of our Republican colleagues have attacked the NLRB and tried to poison the decision-

making process. They are interfering with case pending before a legal body.

“For example, every Republican Senator on the HELP Committee – the “L” in HELP stands for labor, of course

– sent the acting general counsel a letter defending Boeing. The letter itself, sent six weeks before a hearing

even takes place, seems questionable at best. But these 10 Republicans went further: they went out of their way

to link their request to the acting general counsel’s pending nomination. Sounds like intimidation to me.

“That’s not all. Eight state attorneys general, all Republicans, also signed a letter to the acting general counsel,

calling on him to withdraw the complaint against Boeing – again, long before an administrative judge has the

opportunity to review the case.

“I strongly encourage all of them to take a step back. We all know Republicans dislike organized labor. We

know they disdain unions because unions demand fairness and equality from the big businesses Republicans so

often shield at all costs.

“And let’s be honest: Republicans are threatened by unions. They’re threatened because when a large,

organized group is so concerned with workers’ rights, the members of that group vote in large numbers. And

because Republicans and the big businesses they defend so often try to take away workers’ rights, workers don’t

often vote Republican.

“But this kind of interference is inappropriate. It is disgraceful and dangerous. We wouldn’t allow threats to

prosecutors or U.S. Attorneys, trying to stop them from moving forward with charges they see fit to bring to the

courts. And we shouldn’t stand for this. It may not be illegal, but it’s no better than the retaliation and

intimidation that is the fundamental question in this case. It should stop.

“We need agencies like the NLRB to be able to operate freely and without political pressures. We need to keep

our independent agencies independent. This case is for them to decide, not us.”

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

2

NLRB-FOIA-00000808

Microsoft Outlook

From:

Sent:

To:

Subject:

Mattina, Celeste

W ednesday, June 16, 2010 4:38 PM

ML-R02-Supervisors (R)

FW : Legal News FYI

From: Martin, Andrew

Sent: Wednesday, June 16, 2010 4:25 PM

To: Ahearn, Richard L.; Arlook, Martin M.; Baniszewski, Joseph; Barker, Joseph; Becker, Craig; Blyer, Alvin P.; Burton,

Spence; Chester, Robert W.; Cleeland, Nancy; Colwell, John F.; Cowen, William B.; Dreeben, Linda J.; Englehart, Bob;

Farrell, Ellen; Ferguson, John H.; Figueroa, Marta; Flynn, Terence F.; Glasser, Stephen M.; Gold, Wayne R.; Gottschalk,

Irving E.; Griffin, Jill; Heinzmann, Kym; HELTZER, LES (Hdqs); Higgins, John E.; Hirozawa, Kent; Hooks, Ronald K.;

Howard, Deidran; James, Kathleen; Joseph, Gloria; Kane, Robert F.; Katz, Judy; Kilpatrick, Elizabeth; Kinard, Martha E.;

Klepper, Arlene F; Krafts, Andrew J.; Levin, Nelson; Levitan, Daniel; Ley, Rhonda; Lieber, Margery E.; Liebman, Wilma B.;

Lightner, J. Michael; Lineback, Rik D.; Mattina, Celeste; McDermott, James J.; McKinney, M. Kathleen; Meisburg, Ronald;

Moore-Duncan, Dorothy L.; Moran, Gail R.; Morgan, Terry A.; Ohr, Peter S.; Osthus, Marlin O.; Overstreet, Cornele;

Pearce, Mark G.; Purcell, Anne G.; Saunders, Josh D; Schaumber, Peter; Shapiro, Ken; Siegel, Richard A.; Simms, Abby;

Smith, Barry F.; Solomon, Lafe E.; Tendrich, Robert; Tuli, Manisha E.; Wagner, Anthony R.; Zick, Lara S.

Subject: Legal News FYI

Meisburg Issues Report on Section 10(j) Use

During Most of His Term as General Counsel

In releasing his final report June 15 on the use of Section 10(j) proceedings, National Labor Relations

Board General Counsel Ronald Meisburg asserted that the 112 authorized cases during the more than four

years of his tenure "represent...

Minnesota Nurses Association to Hold Vote

Seeking Authorization for Another RN Strike

The Minnesota Nurses Association has scheduled a vote for June 21 in which it is asking members to

authorize another strike against 14 hospitals in the Minneapolis-St. Paul area, a union spokeswoman told

BNA June 15....

NLRB's Weekly Summary of Cases, Dated June 11, 2010

NLRB General Counsel Meisburg's Report on NLRA Section 10(j) Activity

FOXWOODS BATTLES UNION BID BEVERAGE WORKERS SEEK REPRESENTATION

Hartford Courant

Word Count: 794

6/14/10 HARTFORDCRNT A1 2010 WLNR 12171646

Text:

Bartenders at Foxwoods Resort Casino are trying to form a labor union under the supervision of

the U.S. government after failing to organize under th...

Foxwoods bartenders want NLRB to supervise election?

New Haven Register – 6/15/10 3:17 PM

Words matched: National Labor Relations Board

Associated Press, Bartenders at Foxwoods Resort Casino have asked the National Labor Relations Board to supervise an election in

a drive to organize

NLRB upholds one of three union charges against PDM Bridge

Chippewa.com – 6/15/10 6:00 AM

Words matched: National Labor Relations Board

EAU CLAIRE — The National Labor Relations Board has issued a complaint against PDM Bridge for failing to provide information

during negotiations with
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NLRB-FOIA-00000809

Nurses allege lockout, file charges against hospitals

Daily Planet – 6/15/10 5:08 AM

Words matched: National Labor Relations Board

The Minnesota Nurses Association, alleging four hospitals illegally locked out nurses after their one-day strike, filed unfair labor practice

charges

Teamsters to represent bus drivers

Telegram.com – 6/15/10 4:14 PM

Words matched: National Labor Relations Board

FITCHBURG — Drivers, mechanics and other staff at First Student school bus company in Fitchburg voted Friday to join the Teamsters

Local 170 , according

...favor, Mr. Hogan said. The vote is expected to be certified by the National Labor Relations Board within seven days of the vote.

Then , we ll sit down...

440 Spirit Airlines Pilots on Strike—and More Bargaining News

AFL-CIO – 6/14/10 8:33 PM

Words matched: National Labor Relations Board, NLRB

Share Some 440 pilots at Spirit Airlines, members of Air Line Pilots, are on strike, and more news from the “

...Co.: Machinists (IAM) District 751 has filed a complaint with the National Labor Relations Board (NLRB ) alleging Boeing Co.

selected a South Carolina...

FedEx expects Senate to alter driver labor laws

TD Ameritrade – 6/16/10 1:03 PM

Words matched: National Labor Relations Act

NEW YORK (MarketWatch) -- Fedex Corp. said Wednesday it expects the U. S. Senate to alter an aviation bill

that would change the labor laws governing

...express-shipping drivers, sorters, loaders and others under the National Labor Relations Act, while keeping

pilots and airplane mechanics under the...

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

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Microsoft Outlook

Subject:

Location:

Discuss Boeing press approach

GC's office

Start:

End:

W ed 4/13/2011 4:00 PM

W ed 4/13/2011 5:00 PM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Farrell, Ellen; Solomon, Lafe E.; Mattina, Celeste J.; Cleeland, Nancy; Kearney, Barry J.;

Ahearn, Richard L.

When: Wednesday, April 13, 2011 4:00 PM-5:00 PM (GMT-05:00) Eastern Time (US & Canada).

Where: GC's office

Note: The GMT offset above does not reflect daylight saving time adjustments.

*~*~*~*~*~*~*~*~*~*

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Microsoft Outlook

From:

Sent:

To:

Subject:

Abruzzo, Jennifer

W ednesday, May 11, 2011 9:37 AM

Mattina, Celeste J.

BNA article

Last night’s BNA article. 

NLRB

Lawmakers, Business Groups Pan Solomon

And White House Roles in NLRB Boeing Case

Republican lawmakers joined South Carolina Gov. Nikki Haley (R) and executives from several national

business associations May 10 in criticizing National Labor Relations Board Acting General Counsel Lafe E.

Solomon for authorizing a controversial unfair labor practice complaint against Boeing Co.

Some participants at a press conference held by the U.S. Chamber of Commerce called on President Obama to

“weigh in” on the dispute or withdraw Solomon's nomination to serve a full term as NLRB general counsel.

The press conference followed a meeting between the lawmakers and more than 60 business leaders that was

convened to discuss the NLRB complaint, which alleges that Boeing unlawfully decided to locate some

manufacturing of its 787 Dreamliner jets in South Carolina in retaliation for the involvement of Washington

state employees in lawful economic strikes led by the International Association of Machinists.

“We are demanding that the president respond to what the NLRB has done, because this goes against everything

we know our American economy to be,” Haley said.

Sen. Rand Paul (R-Ky.) said he wants to ask President Obama whether the White House has assembled an

“enemies list” targeting Republican states.

Sen. Lamar Alexander (R-Tenn.) said he will offer legislation by the end of the week that would protect state

right-to-work laws and limit NLRB's authority, but Sen. Lindsey Graham (R-S.C.) said the president could “fix”

the Boeing litigation immediately by removing Solomon's nomination to a full term as NLRB general counsel.

Sen. Tom Harkin (D-Iowa), chairman of the Senate Health, Education, Labor and Pensions Committee, reacted

quickly to the criticism of NLRB, saying Republicans have attacked a “routine unfair labor practice charge”

with an “overly dramatic response” and “disturbing misinformation” that he said “has needlessly complicated

the legal process and distorted the public discussion of this case.”

Haley Calls NLRB Action an ‘Unbelievable Attack.'

Randy Johnson, senior vice president of labor, immigration, and employee benefits for the chamber, said

Boeing has finished building the facility in North Charleston, S.C., where a nonunion workforce is expected to

build three Dreamliners per month, while IAM-represented employees in the Puget Sound area build seven per

month. The union filed a March 2010 unfair labor practice charge alleging that the decision to move some

production from Washington to South Carolina was unlawful discrimination against the union-represented

workers, and NLRB's April 20 complaint against the company makes the same allegation (77 DLR AA-1,

4/21/11).

Calling the East Coast aircraft production new work that was not taken away from the IAM-represented

workers, Johnson said “the precedent that the NLRB is attempting to establish here is so fundamentally unsound

and troublesome that it cannot be ignored,” explaining the chamber's decision to host a meeting that several

speakers called an urgent session.

Haley told reporters that the Boeing dispute “is an issue that may have started in South Carolina, but we want to

make sure that it never touches another state.”

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Stating that job creation will be “key” in the United States in coming years, Haley said the effect of the NLRB

complaint was to tell businesses that not only could they not do business in a right-to-work state, but that they

should create jobs overseas. “That's what the president is saying through Lafe Solomon,” Haley said.

President Obama “has got to speak up—we need to see leadership,” Haley added. The president, she said, “has

to tell us, if we can't create new jobs this way, how exactly are we supposed to create jobs.”

The South Carolina governor called the complaint against Boeing “an unbelievable attack on not just right-to-

work states but every state that is attempting to put their people to work.”

Lawmakers Defend Boeing, Criticize White House,

Graham said Boeing made the decision to locate some of its Dreamliner production in South Carolina after the

company received more orders than expected. “They had a dilemma of expanding businesses, which is a great

dilemma to have,” he said. The company consulted with the Washington state unions representing Boeing

employees, Graham said, but made a decision to locate its second assembly line in South Carolina after

considering its options, which included an attractive package of incentives from the state of South Carolina.

The senator said under the law the company had a right to make the decision it did, but NLRB's acting general

counsel has issued a complaint Graham called “chilling.” If a chief executive officer's remarks about the cost of

doing business in one location can prevent the firm from ever relocating to another location, he warned, “you're

going to destroy the economy.”

Graham commented that Bill Daley, former secretary of commerce during the Clinton administration and now

Obama's chief of staff, served on Boeing's board of directors in 2009 when the board approved the building of

Boeing's second production line in South Carolina. Graham argued that either the Obama “vetters” who

considered Daley for the White House job considered the NLRB complaint against Boeing without merit, or

“they went and hired someone who busts unions at the White House.”

The senator also said Obama named Boeing's Chief Executive Officer Jim McNerney to the President's Export

Council. The Daley and McNerney appointments, he said, are the “best evidence” that the NLRB complaint

against the aircraft manufacturer is frivolous.

Sen. Jim DeMint (R-S.C.) joined Haley and Graham, and called NLRB's action on the unfair labor practice

charge “pandering to unions,” while Rep. Joe Wilson (R-S.C.) complained that the NLRB action undermined

Haley's ability to recruit businesses to build in South Carolina. “Clearly,” Wilson said, Boeing's decision to

conduct some of its Dreamliner production in South Carolina “is not retaliation—this is creating jobs.”

Rand Paul began with a question for the president: “Mr. President, do you have an enemies list?” Paul

questioned whether the decision made in the Boeing case was made because the state “appears to be a

Republican state, with two Republican senators,” or whether the complaint was issued because South Carolina

is a right-to-work state.

Noting that Kentucky has two Republican senators, Paul asked, “Are we on your enemies list?” Questioning

whether the government was saying businesses could not locate in states that happened to be Republican, Paul

said “I find this appalling and I expect the president to immediately rescind this assault on business.”

Alexander Nearing Final Draft of Legislation

Sen. Lamar Alexander (R-Tenn.) said he, Graham, DeMint, and Paul are continuing to work on legislation, the

proposed Right to Work Protection Act (85 DLR A-10, 5/3/11), which he called important for every state in the

country and for manufacturers trying to determine whether they will be able to manufacture in the United States

the products they sell in this country.

“I can't think of one single action the federal government could take that would make it harder to bring new jobs

into Tennessee than this Boeing complaint, if it were to become the law,” Alexander said.

Alexander said Nissan and other automakers decided to build cars in right-to-work states in the Southeast

because of the “different union environment” offered in those states. Nissan now says it will make in the United

States 85 percent of what the company sells here, Alexander said, and said “that's what we want.”

Alexander said the draft legislation would strength the protection of right-to-work laws under the NLRA, and

would prevent NLRB from going forward with its case against Boeing “or attempting the same strategy against

other companies.” The legislation would limit the board from ordering an employer not to relocate jobs from

one location to another, he said, and would guarantee an employer's right to decide where it should do business.

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NLRB-FOIA-00000813

The Tennessee senator said the proposed legislation also would protect the right of an employer to engage in

free speech on the subject of the costs associated with having a unionized work force “without fear of such

communication being used as evidence in an anti-union discrimination case.”

Alexander said there have been a “number” of senators interested in the proposed Right to Work Act. He said a

draft of the bill will be circulated in the next day or two and he expects it to be introduced by the end of the

week. He observed that 22 states are right-to-work states and some have Democratic senators who may support

the bill.

Business Groups Join in Protest

John Engler, former Republican governor of Michigan and now president of the Business Roundtable, said his

group considers the NLRB complaint against Boeing a threat not only to the airplane builder, but to every

company headquartered in the United States.

Engler said his group represents companies with nearly $6 trillion in annual revenues and approximately 13

million employees. The group's view, he said is that the NLRB complaint is “wrong-headed” and unsupported

by legal precedent, but would establish an “ominous” precedent limiting the ability of companies to settle in the

most attractive and competitive business environments they can identify.

The Business Roundtable president asked NLRB to “step back” from the Boeing complaint, and suggested that

President Obama should clarify his position on the issue, while Congress acts on legislation to ensure “that this

never again should become an issue.”

Dan Yager, chief policy officer and general counsel of HR Policy Association, representing the chief human

resource officers of more than 320 U.S. companies, said his group has not seen the Boeing controversy as a

“right-to-work versus non-right-to-work issue.”

What happened in the case against Boeing, Yager said, is that the company has been penalized for being open

and discussing management concerns with the union representative of its Puget Sound employees before going

forward. The company had the right under its collective bargaining agreement to decide plant locations without

bargaining, Yager said, and simply tried to work issues out through discussions that were unsuccessful.

Yager said he believes that Boeing will win the unfair labor practice case brought against it. He said “if the

acting general counsel's view of labor relations is correct, of what the law is, then labor relations in this country

is much more broken that I certainly thought it was.”

Graham Calls for White House Intervention

In answer to a question about the president's role in a case that is being handled by an independent federal

agency, Graham said he understands NLRB's independence, but he said “this is legal slander, for lack of a better

word” and called the Boeing complaint “out of bounds when it comes to precedent.”

Graham said there was no precedent for a case like the one against Boeing because “nobody in their right mind

would make these conclusions unless you had an agenda beyond the law.”

Graham said the NLRB complaint “is going nowhere” and Boeing will stay in South Carolina. “The reason

we're pushing back,” he said, is that the president has made “some appointments” at NLRB that are “out of the

mainstream.” Graham said the consequences of the complaint against Boeing could be “absolutely devastating”

and said “political appointees have made job creating very difficult.”

“The president could fix this,” Graham said. “He could remove the nomination of Mr. Solomon, who will never

see the light of day in the Senate.”

Harkin Sees ‘Assault on the Middle Class.'

In a statement released shortly after the press conference, Harkin said “[w]hat we are really witnessing here is

another example of the Republican assault on the middle class that has been echoing across the country for

months now.”

“Instead of focusing on how we can get Americans working again and get the middle class back on its feet,

Republicans have chosen to spend their time attacking the handling of a routine unfair labor practice charge.

This overly dramatic response and the disturbing misinformation they are peddling has needlessly complicated

the legal process and distorted the public discussion of this case,” Harkin said.

The Iowa senator added that “opponents of workers' rights have also mischaracterized the fundamental issue at

stake, suggesting that this case represents an assault on ‘right to work' laws,” an assertion he called “just

factually incorrect.”
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NLRB-FOIA-00000814

Harkin said “unions are one of the few voices left in our society speaking up for the little guy, and if we let

powerful CEOs trample all over these rights without consequences, we might as well give up on having a

middle class altogether.”

Harkin said his Senate committee will hold a hearing Thursday on “why the middle class is increasingly

slipping out of reach for Americans.” The Boeing litigation will likely come up for discussion; among the

witnesses scheduled to appear are Boeing General Counsel J. Michael Luttig, who has been very critical of the

NLRB complaint, and Sarah Fox, a former Democratic NLRB member who now serves as legal counsel to the

AFL-CIO.

Solomon said in a May 9 statement on the NLRB website that the complaint against Boeing is “just the

beginning of a legal process” that will move forward to a hearing on June 14 and consideration by an

administrative law judge and the board. “We hope all interested parties respect the legal process, rather than

trying to litigate this case in the media and public arena,” he said.

4

NLRB-FOIA-00000815

Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

Tellem, Elbert F.

W ednesday, May 11, 2011 2:31 PM

ML-R02-Everyone (R); ML-R02-Professionals (R); ML-R02-Supervisors (R); ML-R02-Support

Staff (R)

FW : Legal News FYI: Harry Reid Tells GOP To Stop Pressuring Independent Labor Agency

image001.jpg

Harry Reid Tells GOP To Stop Pressuring

Independent Labor Agency

Benjy Sarlin | May 11, 2011, 11:24AM

Senate Majority Leader Harry Reid (D-NV)

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Majority Leader Harry Reid (D-NV) defended the National Labor Relations Board on Wednesday amid a concentrated attack

from prominent Republicans around the country, accusing conservative critics of meddling with an independent federal agency.

"We need agencies like the NLRB to be able to operate freely and without political pressures," he said in a floor speech. "We

need to keep our independent agencies independent. This case is for them to decide, not us."

Led by Governor NIkki Haley (R-SC) and Sens. Lindsey Graham and Jim Demint (R-SC), Republicans have been waging an

increasingly loud battle against the NLRB over a lawsuit alleging that Boeing illegally retaliated against unions in Washington

State by opening a production line in South Carolina. Yesterday, they demanded at a press conference that the White House

condemn the suit, with Sen. Rand Paul (R-KY) even suggesting the president may be involved in a vast conspiracy to target

GOP states.

Reid said in his remarks that he was not defending the merits of the NLRB's case, only the neutrality and independence of the

NLRB in their handling of the law. He added that Republicans' attacks fed into a larger campaign against unions.

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NLRB-FOIA-00000816

"They're threatened because when a large, organized group is so concerned with workers' rights, the members of that group vote

in large numbers. And because Republicans and the big businesses they defend so often try to take away workers' rights,

workers don't often vote Republican," he said. "But this kind of interference is inappropriate. It is disgraceful and dangerous.

We wouldn't allow threats to prosecutors or U.S. Attorneys, trying to stop them from moving forward with charges they see fit

to bring to the courts and we shouldn't stand for this."

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

2

NLRB-FOIA-00000817

NLRB-FOIA-00000818

Microsoft Outlook

Subject:

Location:

Boeing

Barry's office

Start:

End:

Tue 12/14/2010 10:30 AM

Tue 12/14/2010 11:00 AM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Sophir, Jayme; Kearney, Barry J.; Farrell, Ellen; W illen, Debra L; Szapiro, Miriam; Katz, Judy;

Omberg, Bob; Ahearn, Richard L.

When: Tuesday, December 14, 2010 10:30 AM-11:00 AM (GMT-05:00) Eastern Time (US & Canada).

Where: Barry's office

Note: The GMT offset above does not reflect daylight saving time adjustments.

*~*~*~*~*~*~*~*~*~*

1

NLRB-FOIA-00000819

Microsoft Outlook

From:

Sent:

To:

Subject:

W illen, Debra L

Tuesday, January 18, 2011 10:31 AM

Katz, Judy; Omberg, Bob

FW : Boeing

From: Kearney, Barry J.

Sent: Tuesday, January 18, 2011 10:03 AM

To: Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; Willen, Debra L; Ahearn, Richard L.

Subject: Boeing

We are set to meet with Lafe tomorrow at 11. Let us meet at 9:30 am tomorrow

1

NLRB-FOIA-00000820

Microsoft Outlook

Subject:

Updated: Cadre meeting

Start:

End:

Show Time As:

Thu 1/20/2011 9:30 AM

Thu 1/20/2011 10:00 AM

Tentative

Recurrence:

(none)

Meeting Status:

Not yet responded

Required Attendees:

Katz, Judy; Omberg, Bob; Sokolow, Steven L.; Canas, Heather; Compton, Kayce R.; Lussier,

Richard; Oddis, Robert N.; Solowiej, Sandra M.; Mantz, John

When: Thursday, January 20, 2011 9:30 AM-10:00 AM (GMT-05:00) Eastern Time (US & Canada).

*~*~*~*~*~*~*~*~*~*

Hopefully, the third time is a charm. Sorry but we were still in the Boeing meeting until 4:15.

1

NLRB-FOIA-00000821

Microsoft Outlook

Ahearn, Richard L.

Thursday, January 27, 2011 10:52 AM

Solomon, Lafe E.; Mattina, Celeste J.; Kearney, Barry J.; Farrell, Ellen; W illen, Debra L; Katz,

Judy; Omberg, Bob

Boeing's next delivery: bonuses

From:

Sent:

To:

Subject:

----------------------------------------------------------------------

Boeing's next delivery: bonuses

Despite lower revenue in 2010 than a year earlier and higher-than-expected spending on the

787 and 747-8 programs, Boeing booked $4.5 billion in pretax profits. As a result, about

48,500 Washington state employees will qualify for bonuses worth almost three weeks' extra

pay.

http://seattletimes.nwsource.com/html/businesstechnology/2014048927_boeing27.html

======================================================================

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for information.

======================================================================

Copyright (c) 2009 The Seattle Times Company

www.seattletimes.com

1

NLRB-FOIA-00000822

Microsoft Outlook

Ahearn, Richard L.

Tuesday, May 03, 2011 12:45 PM

Solomon, Lafe E.; Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Mattina,

Celeste J.; Abruzzo, Jennifer; Garza, Jose

seattletimes.com: Machinists file unfair labor charge against Boeing over Charleston

From:

Sent:

To:

Subject:

The full article to which Luttig refers.

Rich

-----Original Message-----

From:

Exemption 6 Privacy

Sent: Tuesday, May 03, 2011 9:39 AM

To: Ahearn, Richard L.

Subject: seattletimes.com: Machinists file unfair labor charge against Boeing over Charleston

This message was sent to you by

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as a service of The Seattle Times

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----------------------------------------------------------------------

Machinists file unfair labor charge against Boeing over Charleston

The Machinists union has filed a complaint against Boeing with the National Labor Relations

Board (NLRB), charging that the company was retaliating for a 2008 union strike when it

decided last fall to put a second Dreamliner assembly line in Charleston, S.C., rather than

Everett.

http://seattletimes.nwsource.com/html/businesstechnology/2012034258_boeing05.html

======================================================================

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1

NLRB-FOIA-00000823

Microsoft Outlook

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Subject:

Ahearn, Richard L.

Monday, May 09, 2011 5:44 PM

Pomerantz, Anne; Anzalone, Mara-Louise; Finch, Peter G.; Jablonski, Colleen G.; Todd,

Dianne

FW : Acting General Counsel Lafe Solomon releases statement on Boeing complaint | NLRB

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E6 privacy

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To: Ahearn, Richard L.

Subject: Acting General Counsel Lafe Solomon releases statement on Boeing complaint | NLRB

http://www.nlrb.gov/news/acting-general-counsel-lafe-solomon-releases-statement-boeing-

complaint

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Microsoft Outlook

From:

Sent:

To:

Subject:

Ahearn, Richard L.

Tuesday, May 10, 2011 3:29 PM

Pomerantz, Anne; Anzalone, Mara-Louise; Finch, Peter G.; Jablonski, Colleen G.; Todd,

Dianne

Harkin Responds to GOP Attacks on Nonpartisan National Labor Relations Board

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May 10, 2011

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Contact: Justine Sessions / Kate Cyrul

FOR IMMEDIATE RELEASE

May 10, 2011

(202) 224-3254

Harkin Responds to GOP Attacks on Nonpartisan National Labor Relations Board

WASHINGTON – Senate Health, Education, Labor and Pensions (HELP) Committee Chairman Tom Harkin (D-IA) today

released the following statement responding to the comments made by Republican politicians at a press conference today

on the National Labor Relations Board investigation of the Boeing Company. On Thursday, Harkin will convene a HELP

Committee hearing to discuss why the middle class is increasingly slipping out of reach for Americans, at which the

General Counsel for Boeing will testify.

“What we are really witnessing here is another example of the Republican assault on the middle class that has been

echoing across the country for months now. Instead of focusing on how we can get Americans working again and get the

middle class back on its feet, Republicans have chosen to spend their time attacking the handling of a routine unfair labor

practice charge. This overly dramatic response and the disturbing misinformation they are peddling has needlessly

complicated the legal process and distorted the public discussion of this case.

“These opponents of workers’ rights have also mischaracterized the fundamental issue at stake, suggesting that this case

represents an assault on ‘right to work’ laws. That’s just factually incorrect – there is absolutely no way that the outcome

of this case could affect in any way the laws of any state.

“This fight is about far more than just one group of workers in Washington State. Unions are one of the few voices left in

our society speaking up for the little guy, and if we let powerful CEOs trample all over these rights without consequences,

we might as well give up on having a middle class altogether.

“That’s what this all comes down to: powerful corporate interests are pressuring public officials to interfere with an
1

NLRB-FOIA-00000825

independent agency, rather than let justice run its course. And we should not tolerate this interference. Instead, we should

turn our attention back to the issues that really matter to American families – how we can create jobs in Washington, South

Carolina, Iowa, and across the country”

###

HELP Committee Website | News | Hearings | About Chairman Harkin

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Microsoft Outlook

From:

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To:

Subject:

Attachments:

Ahearn, Richard L.

W ednesday, May 11, 2011 11:26 AM

Pomerantz, Anne; Anzalone, Mara-Louise; Finch, Peter G.

Sen REID - MUST KEEP INDEPENDENT AGENCIES INDEPENDENT - OPERATE FREELY

AND W ITHOUT POLITICAL PRESSURE

image001.jpg

http://democrats.senate.gov/newsroom/record.cfm?id=332789&

For Immediate Release

Date: Wednesday, May 11, 2011

CONTACT: Jon Summers, (202) 224-2939

REID: WE MUST KEEP INDEPENDENT AGENCIES INDEPENDENT, ALLOW THEM TO

OPERATE FREELY AND WITHOUT POLITICAL PRESSURE

Washington, D.C.–Nevada Senator Harry Reid made the following remarks today regarding the National

Labor Relations Board. Below are his remarks as prepared for delivery:

“In a partisan environment, there is the temptation turn every issue into a political issue. We certainly live in

one of those environments.

“That’s regrettable, but far from unfamiliar. Politics play a role in our representative government, of course,

and they always have. The Founders created a system of checks and balances – three branches of government,

for example, and two chambers of the Congress – precisely because they anticipated these passions. They

wanted to keep us from losing our way.

“Long after that system was created, a new independent federal agency was created in the same spirit of checks

and balances. That agency is the National Labor Relations Board, and it acts as a check on employers and

employees alike. It safeguards employees’ rights to unionize or not to unionize, if they so choose. It mediates

allegations of unfair labor practices. And it does all this independent of any outside influence.
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NLRB-FOIA-00000827

“The acting general counsel of the NLRB is a man who is as nonpartisan and independent as the agency he

works for. Last month, he issued a complaint against one of America’s largest companies, Boeing. The

complaint alleges that after Boeing workers in some states went on strike, the company retaliated by opening a

new production line in a non-union facility. That kind of retaliation, if that’s what happened, is illegal.

“That’s just the background. I’m not here to judge the merits of the case. In fact, I’m here to do the exact

opposite: to remind the Senate that prejudging the case is not our job. That would overstep long-established

boundaries and weaken our system of checks and balances.

“Lately, though, some of our Republican colleagues have attacked the NLRB and tried to poison the decision-

making process. They are interfering with case pending before a legal body.

“For example, every Republican Senator on the HELP Committee – the “L” in HELP stands for labor, of course

– sent the acting general counsel a letter defending Boeing. The letter itself, sent six weeks before a hearing

even takes place, seems questionable at best. But these 10 Republicans went further: they went out of their way

to link their request to the acting general counsel’s pending nomination. Sounds like intimidation to me.

“That’s not all. Eight state attorneys general, all Republicans, also signed a letter to the acting general counsel,

calling on him to withdraw the complaint against Boeing – again, long before an administrative judge has the

opportunity to review the case.

“I strongly encourage all of them to take a step back. We all know Republicans dislike organized labor. We

know they disdain unions because unions demand fairness and equality from the big businesses Republicans so

often shield at all costs.

“And let’s be honest: Republicans are threatened by unions. They’re threatened because when a large,

organized group is so concerned with workers’ rights, the members of that group vote in large numbers. And

because Republicans and the big businesses they defend so often try to take away workers’ rights, workers don’t

often vote Republican.

“But this kind of interference is inappropriate. It is disgraceful and dangerous. We wouldn’t allow threats to

prosecutors or U.S. Attorneys, trying to stop them from moving forward with charges they see fit to bring to the

courts. And we shouldn’t stand for this. It may not be illegal, but it’s no better than the retaliation and

intimidation that is the fundamental question in this case. It should stop.

“We need agencies like the NLRB to be able to operate freely and without political pressures. We need to keep

our independent agencies independent. This case is for them to decide, not us.”

###

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NLRA - Major Outlets

to the top

BNA Books Publishes 'NLRA Rights in the Nonunion Workplace' Focusing on

the NLRA's Broad Application Outside the Union Workplace

PR Newswire – 6/22/10 3:52 PM

Words matched: Labor Relations, NLRA, National Labor Relations Act's, National

Labor Relations Act

/PRNewswire-USNewswire/ -- BNA Books, a division of specialized news and

information publisher BNA, announced today the publication of NLRA Rights in

BNA Books Publishes 'NLRA Rights in the Nonunion Workplace' Focusing on the

NLRA's Broad Application Outside the Union Workplace /PRNewswire -USNewswire

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NLRB - Major Outlets

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BNA Books Publishes 'NLRA Rights in the Nonunion Workplace' Focusing on

the NLRA's Broad Application Outside the Union Workplace

PR Newswire – 6/22/10 3:52 PM

Words matched: National Labor Relations Board, NLRB

/PRNewswire-USNewswire/ -- BNA Books, a division of specialized news and

information publisher BNA, announced today the publication of NLRA Rights in

application in the nonunion workplace and the varying decisions of the National

Labor Relations Board (NLRB ) regarding private sector employment issues .

Translate

U.S. Labor Board Full for First Time Since 2007 as Senate Acts

Business Week – 6/22/10 3:03 PM

Words matched: National Labor Relations Board, NLRB

June 22 (Bloomberg) -- The National Labor Relations Board reached its full five-

member size for the first time since December 2007 after the U.S. Senate

...Time Since 2007 as Senate Acts June 22 (Bloomberg) -- The National Labor

Relations Board reached its full five-member size for the first time...

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Senate breaks stalemate, confirms 2 National Labor Relations Board nominees

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Washington Examiner – 6/22/10 2:39 PM

Archive

1 other source (StarTribune.com)

Words matched: National Labor Relations Board, NLRB

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WASHINGTON — The Senate on Tuesday confirmed two candidates to be

members of the National Labor Relations Board, breaking a stalement that has

disrupted

Senate breaks stalemate, confirms 2 National Labor Relations Board nominees

WASHINGTON The Senate on Tuesday confirmed two candidates to be members...

Senate confirms 2 labor board nominees

Times Leader – 6/22/10 2:38 PM

16 other sources (Yahoo! Finance US, One News Now, ...)

Words matched: National Labor Relations Board, NLRB

By JIM ABRAMS (AP) The Senate on Tuesday confirmed two candidates to be

members of the National Labor Relations Board, breaking a stalement that has

...Senate on Tuesday confirmed two candidates to be members of the National

Labor Relations Board, breaking a stalement that has disrupted the labor...

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Senate Confirms 2 Labor Board Nominees

The New York Times – 6/22/10 1:45 PM

1 other source (CBS 5)

Words matched: National Labor Relations Board, NLRB

Filed at 1:11 p.m. ET Blog The Caucus The latest on President Obama, his

administration and other news from Washington and around the nation . Join

The Senate has confirmed two candidates to be members of the National Labor

Relations Board, breaking a stalement that has disrupted the labor...

Translate

Momentive, union reach 3-year labor accord

Biz Journals – 6/22/10 1:23 PM

Words matched: National Labor Relations Board, NLRB

Momentive Performance Materials Inc. reached a tentative deal Monday on a new,

three-year labor contract with unionized workers. The contract also

...approved by Momentive s board of directors, as well as the National Labor

Relations Board. The NLRB has accused Momentive of violating federal...

Translate

Owners give Philadelphia newspapers new corporate name and chief financial

officer

StarTribune.com – 6/22/10 1:10 PM

Words matched: National Labor Relations Board

PHILADELPHIA - The new owners of Philadelphia's two major newspapers and their

shared website have chosen Philadelphia Media Network Inc. as the umbrella

...at least two planes. More Senate breaks stalemate, confirms 2 National Labor

Relations Board nominees - June 22, 2010 Senate breaks stalemate ,

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US Senate Confirms Two To Labor Relations Board

FOX Business – 6/22/10 12:54 PM

Words matched: National Labor Relations Board, NLRB

Dow Jones Newswires WASHINGTON -(Dow Jones)- The U.S. Senate Tuesday

confirmed two of President Barack Obama's nominees to the National Labor

Relations Board

...Tuesday confirmed two of President Barack Obama's nominees to the National

Labor Relations Board along with a raft of other nominees . Brian Hayes ,

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Unfair Labor Practices

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to the top

U.S. Labor Board Full for First Time Since 2007 as Senate Acts

Business Week – 6/22/10 3:03 PM

Words matched: unfair labor practices

June 22 (Bloomberg) -- The National Labor Relations Board reached its full five-

member size for the first time since December 2007 after the U.S. Senate

...March, for a full term. The NLRB, which remedies unfair labor practices and

certifies union elections, traditionally requires a majority of three...

Key Individuals

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BNA Books Publishes 'NLRA Rights in the Nonunion Workplace' Focusing on

the NLRA's Broad Application Outside the Union Workplace

PR Newswire – 6/22/10 3:52 PM

3 other sources (AlphaTrade Finance, BigCharts, ...)

Words matched: Peter Schaumber

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/PRNewswire-USNewswire/ -- BNA Books, a division of specialized news and

information publisher BNA, announced today the publication of NLRA Rights in

Battista, then Chairman of the NLRB, and also served on then-Chairman Peter

Schaumber's staff. BNA is a leading private publisher of news and information...

NLRB Update: Everyone but Becker

Red State – 6/22/10 3:50 PM

Words matched: Mark Pearce

Less than a week after the U.S. Supreme Court slapped down the National Labor

Relations Board for illegally ruling on about 500 cases, the Senate has

...package of almost 70 of Obama s stalled nominees. The Senate also confirmed

Mark Pearce, a Democrat Obama appointed to the board in March, for a...

Translate

Senate confirms 2 labor board nominees

Abc 7 News – 6/22/10 3:40 PM

53 other sources (Tri City Herald, NewsChannel 8, ...)

Words matched: Mark Pearce

Washington (AP) - The Senate has confirmed two candidates to be members of the

National Labor Relations Board, breaking a stalement that has disrupted

...ability to resolve labor-management disputes.Those winning Senate confirmation

were Mark Pearce , a union lawyer who already serves on the NLRB in a...

Translate

Senate Confirms 2 Labor Board Nominees

Kake – 6/22/10 3:07 PM

5 other sources (The New York Times, CBS13, ...)

Words matched: Mark Pearce

The Senate has confirmed two candidates to be members of the National Labor

Relations Board, breaking a stalement that has disrupted the labor board's

...to resolve labor-management disputes. Those winning Senate confirmation were

Mark Pearce, a union lawyer who already serves on the NLRB in a...

Translate

U.S. Labor Board Full for First Time Since 2007 as Senate Acts

Business Week – 6/22/10 3:03 PM

Words matched: Craig Becker, Peter Schaumber, Mark Pearce

June 22 (Bloomberg) -- The National Labor Relations Board reached its full five-

member size for the first time since December 2007 after the U.S. Senate

...package of almost 70 of Obama s stalled nominees. The Senate also confirmed

Mark Pearce, a Democrat Obama appointed to the board in March, for a...

Translate

MaximumEdge.com News - Senate confirms 2 labor board nominees

Maximum Edge – 6/22/10 2:41 PM

Words matched: Mark Pearce

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Senate breaks stalemate, confirms 2 National Labor Relations Board nominees

Washington Examiner – 6/22/10 2:39 PM

5 other sources (Canadian Business Online, My FOX 8, ...)

Words matched: Craig Becker, Mark Pearce

WASHINGTON — The Senate on Tuesday confirmed two candidates to be

members of the National Labor Relations Board, breaking a stalement that has

disrupted

...to resolve labor-management disputes. Those winning Senate confirmation were

Mark Pearce, a union lawyer who already serves on the NLRB in a...

Translate

Senate Confirms 2 Labor Board Nominees,

Count On News 2 – 6/22/10 2:39 PM

Words matched: Mark Pearce

WASHINGTON (AP) The Senate has confirmed two candidates to be members of

the National Labor Relations Board, breaking a stalement that has disrupted

...to resolve labor-management disputes. Those winning Senate confirmation were

Mark Pearce, a union lawyer who already serves on the NLRB in a...

Translate

Senate confirms 2labor board nominees

WTOC 11 – 6/22/10 2:14 PM

3 other sources (My Fox Birmingham, WRCBtv.com, ...)

Words matched: Mark Pearce

By JIM ABRAMS Associated Press Writer WASHINGTON (AP) - The Senate has

confirmed two candidates to be members of the National Labor Relations Board,

...to resolve labor-management disputes. Those winning Senate confirmation were

Mark Pearce, a union lawyer who already serves on the NLRB in a...

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Senate confirms 2 labor board nominees - BostonHerald.com

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3

NLRB-FOIA-00000833

BostonHerald.com – 6/22/10 1:29 PM

Words matched: Mark Pearce

WASHINGTON — The Senate has confirmed two candidates to be members of the

National Labor Relations Board, breaking a stalemate that has disrupted the

...to resolve labor-management disputes. Those winning Senate confirmation were

Mark Pearce, a union lawyer who already serves on the NLRB in a...

Archive

US Senate Confirms Two To Labor Relations Board

FOX Business – 6/22/10 12:54 PM

2 other sources (Morningstar, ADVFN India)

Words matched: Mark Pearce

Dow Jones Newswires WASHINGTON -(Dow Jones)- The U.S. Senate Tuesday

confirmed two of President Barack Obama's nominees to the National Labor

Relations

...Hayes, a top staffer on labor issues for Senate Republicans, and Mark Pearce , a

veteran lawyer representing unions in employment law disputes , were...

Translate

Senate moves toward action on nominations

Government Executive.com – 6/22/10 12:53 PM

Words matched: Craig Becker, Mark Pearce

Senate leaders said they reached a tentative deal Monday evening that partly

resolves a dispute over National Labor Relations Board nominees that has

President Obama in March used recess appointments to put labor lawyer Craig

Becker and Democrat Mark Pearce on the NLRB, which arbitrates labor...

Translate

National Labor Relations Board case creates lawyers’ quandry

New Orleans City Business – 6/22/10 11:11 AM

Words matched: Wilma Liebman

BOSTON — Labor and employment lawyers’ jobs got a little trickier last week, after

the U.S. Supreme Court ruled that nearly 600 rulings from the National

...three-member group to issue orders. After the ruling, Board Chairman Wilma

Liebman said that the members were only doing what they thought they had...

Translate

United States: U.S. Supreme Court Potentially Invalidates Hundreds of NLRB

Decisions

Mondaq – 6/22/10 10:30 AM

Words matched: Wilma Liebman, Craig Becker, Peter Schaumber, Mark Pearce

Comment | View All Comments On June 17, 2010, a divided U.S. Supreme Court

held that the National Labor Relations Board did not have the authority

2010. During that time, three Board vacancies existed. While Members Wilma

Liebman and Peter Schaumber were the only members of the Board, they...

Translate

Organized Crime in White House: The Regime’s Shakedown of BP

Canada Free Press – 6/20/10 10:15 AM

Words matched: Craig Becker

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NLRB-FOIA-00000840

Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

W ednesday, May 04, 2011 11:42 AM

Abruzzo, Jennifer; Ahearn, Richard L.; Ananthanayagam, Shanti; Arlook, Martin M.;

Baniszewski, Joseph; Barker, Joseph; Becker, Craig; Blyer, Alvin P.; Bonett Jr., Edward J.;

Boren, Dennis R.; Burton, Spence; Carlton, Peter J.; Chester, Robert W .; Christman Jr.,

Thomas J.; Cleeland, Nancy; Colwell, John F.; Cowen, W illiam B.; Dreeben, Linda J.; Eddins-

Hill, Rosalind Elaine; Englehart, Bob; Farrell, Ellen; Ferguson, John H.; Fies-Keller, Cara L.;

Figueroa, Marta; Flynn, Terence F.; Franklin, Kirk; Garza, Jose; Glasser, Stephen M.; Gold,

W ayne R.; Goldstein, Dawn; Gottschalk, Irving E.; Graham, David; Grant, Regina; Griffin, Jill;

Guest, Matt; Habenstreit, David; Hankins, Raymond; Hayes, Brian; Heinzmann, Kym;

HELTZER, LES (Hdqs); Hirozawa, Kent; Hollo, Elana R.; Hooks, Ronald K.; Howard, Deidran;

Jacob, Fred B.; James, Kathleen; Jones, Harry; Joseph, Gloria; Kane, Robert F.; Karsh,

Aaron; Katz, Judy; Kearney, Barry J.; Kelly, David A.; Kilpatrick, Elizabeth; Kinard, Martha E.;

Krafts, Andrew J.; Lee, Sydney A.; Lennie, Rachel G.; Levin, Nelson; Levitan, Daniel; Ley,

Rhonda; Lieber, Margery E.; Liebman, W ilma B.; Lightner, J. Michael; Lineback, Rik D.;

Martin, David P.; Mattina, Celeste J.; McDermott, James J.; McKinney, M. Kathleen; Mills,

Jacqueline; Moore-Duncan, Dorothy L.; Moran, Gail R.; Morgan, Terry A.; Murphy, James R.;

Ohr, Peter S.; Osthus, Marlin O.; Overstreet, Cornele; Pearce, Mark G.; Purcell, Anne G.;

Reynolds, Vanita S.; Rivchin, Julie Y.; Robinson, Miles A; Rosenberg, Joshua; Saunders, Josh

D; Schiff, Robert; Shapiro, Ken; Siegel, Richard A.; Simms, Abby; Smith, Barry F.; Solomon,

Lafe E.; Sophir, Jayme; Spector, Jennifer R.; Tellem, Elbert F.; Tendrich, Robert; Thompson,

Scott C.; Tuli, Manisha E.; W agner, Anthony R.; W illiams, Harold; Yaffe, Deborah; Zick, Lara

S.

Proposed amendment to NLRA

ALEXANDER AMENDMENT SA 303

TEXT OF AMENDMENT

SA 303. Mr. ALEXANDER (for himself, Mr. GRAHAM, and Mr. DEMINT) submitted an amendment

intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs,

and for other purposes; which was ordered to lie on the table; as follows:

 At the appropriate place, insert the following:

SEC. __. PROTECTION OF RIGHT TO WORK.

 (a) Applicability of NLRA to State Right to Work Laws.—Section 14 of the National Labor» «Relations Act (29 U.S.C. 164) is

amended by striking subsection (b) and inserting the following:

 “(b) Nothing in this Act shall be construed to limit the application of any State law that prohibits, or otherwise places restraints

upon, agreements between labor organizations and employers that make membership in the labor organization, or that require the

payment of dues or fees to such organization, a condition of employment either before or after hiring.”.

 (b) Applicability of Railway Labor Act to State Right to Work Laws.—Title II of the Railway Labor Act (45 U.S.C. 181 et seq.) is

amended by adding at the end the following:

“SEC. 209. EFFECT ON STATE RIGHT TO WORK LAWS.

 “Nothing in this Act shall be construed to limit the application of any State law that prohibits, or otherwise places restraints upon,

agreements between labor organizations and carriers that make membership in the labor organization, or that require the payment of

dues or fees to such organization, a condition of employment either before or after hiring.”.

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Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

2

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Nonresponsive

From: BNA Highlights [mailto:bhighlig@bna.com]

Sent: Tuesday, May 10, 2011 10:39 PM

To: Purcell, Anne G.

Subject: May 10 -- BNA, Inc. Daily Labor Report

E-mail not displaying correctly? View publication in your browser: http://news.bna.com/dlln

Tuesday, May 10, 2011 · Number 90

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

Disabilities

Agencies

Seventh Circuit Rules Highway Worker

States

Afraid of Heights Has Triable ADA Claims

Courts/Tribunals

A state highway maintainer on a bridge crew in Illinois who was

diagnosed with acrophobia, a fear of heights, can proceed to

trial on his claims that his employer violated the Americans with

Disabilities Act by discriminating against him based...

Federal Statutes

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

Communications

CWA, Cincinnati Bell Tentative Agreement

Continues Two-Tier Provisions Set in 2008

NLRB Summaries

Wage Trend Indicator

Calendar of Events

Communications Workers of America locals 4400 and 4401 and

Cincinnati Bell Inc. May 7 reached tentative agreement on a 39-

month collective bargaining contract covering about 1,000

employees, the union and company announced....

Employment

More Laid-Off Workers Report Finding Jobs

In 2011 Than Year Ago, CareerBuilder Says

The share of recently laid-off workers who have found jobs

improved this year compared with the same period in 2010,

according to survey results released May 10 by CareerBuilder....

Employment

President's Jobs Council Begins Tour

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To Solicit Input From Local Businesses

The President's Council on Jobs and Competitiveness (PCJC)

May 10 held the first in a series of listening sessions to solicit

input from local businesses on how the public and private

sectors can partner to generate opportunity and job...

Health Care Employees

RNs Return to Work after Five-Day Strike

At Children's Hospital in Oakland, California

Registered nurses, represented by the California Nurses

Association/National Nurses United, May 10 began returning to

their jobs at Children's Hospital in Oakland, following a five-day

strike over health care benefits....

Health Care Employees

Two Minnesota Hospitals Fire 32 Workers

Over Wrongly Accessing Patient Records

Allina Health System, which operates various hospitals and

health clinics throughout Minnesota and western Wisconsin, has

terminated 32 workers for accessing electronic patient records

without proper authorization to do so, a hospital...

Health Care

Sanders, McDermott Champion Single-Payer,

Say Vermont Could Be Harbinger of Action

Sen. Bernie Sanders (I-Vt.) and Rep. Jim McDermott (D-Wash.)

said May 10 that the federal health care overhaul was an

important first step, but that a single-payer system is needed to

ensure coverage for all....

Hiring

Hiring Outlook for 2011 College Graduates

Slightly Better Than Last Year, Surveys Show

This year's college graduates are more likely to have a job offer

in hand than their 2010 counterparts, according to survey

results released by the National Association of Colleges and

Employers....

Immigration

Obama Says Overhauling Immigration Laws

Is an ‘Economic Imperative' for the Nation

An overhaul of the nation's immigration laws would "strengthen

the middle class" by ensuring that there is "no longer a massive

underground economy that exploits a cheap source of labor

while depressing wages for everyone...

Labor Department

Nomination for DOL Inspector General Withdrawn

The nomination of Paul M. Tiao to be the Labor Department's

inspector general has been withdrawn, the White House

announced May 9....

Maritime

GAO Officials Used Fake TWIC Cards

To Access Several Ports, Report Says

Government Accountability Office investigators were able to
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fraudulently obtain Transportation Worker Identification

Credential (TWIC) cards with false identification documents and

used the cards to access secure areas of numerous...

NLRB

Lawmakers, Business Groups Pan Solomon

And White House Roles in NLRB Boeing Case

Republican lawmakers joined South Carolina Gov. Nikki Haley

(R) and executives from several national business associations

May 10 in criticizing National Labor Relations Board Acting

General Counsel Lafe E. Solomon for authorizing a

controversial...

Race Discrimination

Second Circuit Remands 1999 Case

On Reverse Bias Claims Against City Schools

New York City's implementation of a 1999 agreement settling a

Justice Department race bias case was not an affirmative action

plan for purposes of Title VII of the 1964 Civil Rights Act and

may have violated the rights of certain white employees...

Retaliation

Employee Did Not Exhaust Retaliation Claim

Involving Employer Counterclaims, Court Says

An accounting and finance director who was fired by a New

Mexico security service provider failed to exhaust her

administrative remedies with respect to her claim that the

company retaliated against her in violation of Title VII of the

1964...

Sex Discrimination

Court Rejects Health System's Motion

To Dismiss Female Doctor's Bias Suit

Discrimination claims by a female physician who alleged that a

health care system forced her out of her position as the

supervisor of a satellite clinic survived a motion for summary

judgment May 6 in a federal district court in South Dakota

(Benson...

State Employees

Utah Legislature Overrides Veto, Restores

Five-Day Workweek for Executive Branch

DENVER—Utah lawmakers May 7 overrode the governor's veto

of a bill (H.B. 328) requiring executive branch agencies to

operate for nine hours five days a week, effectively ending a

policy of thousands of state government employees...

Unfair Labor Practices

NLRB Complaint Against CNA Alleges

Unlawful Inclusion of Statement in Contracts

The National Labor Relations Board issued a complaint against

the California Nurses Association/National Nurses United,

alleging the union unlawfully included a "Weingarten rights"

statement on or inside the cover of a number...

Unions
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AFL-CIO Signs Partnership Agreements

With Groups for Domestic, Guestworkers

NEW YORK—The AFL-CIO May 10 signed a pair of partnership

agreements with groups representing domestic workers and

guestworkers, continuing an outreach effort to assist workers

excluded from collective bargaining representation...

Unions

Noel Beasley Elected Workers United President

Workers United General Executive Board May 9 elected Noel

Beasley president of the union, an affiliate of Service Employees

International Union, to succeed Bruce Raynor, who had stepped

down from the position two days earlier, the union

announced....

ALSO IN THE COURTS

Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

TEXT

NLRB's Weekly Summary of Cases, Dated May 2-6, 2011

VIDEO

See Latest Video: Maximizing Emotional Distress

Damages In Employment Bias Cases by Josh Bowers

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4

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5

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Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

Tuesday, June 08, 2010 8:49 AM

Ahearn, Richard L.; Arlook, Martin M.; Baniszewski, Joseph; Barker, Joseph; Becker, Craig;

Blyer, Alvin P.; Burton, Spence; Chester, Robert W .; Cleeland, Nancy; Colwell, John F.;

Cowen, W illiam B.; Dreeben, Linda J.; Englehart, Bob; Farrell, Ellen; Ferguson, John H.;

Figueroa, Marta; Flynn, Terence F.; Glasser, Stephen M.; Gold, W ayne R.; Gottschalk, Irving

E.; Griffin, Jill; Heinzmann, Kym; HELTZER, LES (Hdqs); Higgins, John E.; Hirozawa, Kent;

Hooks, Ronald K.; Howard, Deidran; James, Kathleen; Joseph, Gloria; Kane, Robert F.; Katz,

Judy; Kilpatrick, Elizabeth; Kinard, Martha E.; Klepper, Arlene F; Krafts, Andrew J.; Levin,

Nelson; Levitan, Daniel; Ley, Rhonda; Lieber, Margery E.; Liebman, W ilma B.; Lightner, J.

Michael; Lineback, Rik D.; Mattina, Celeste; McDermott, James J.; McKinney, M. Kathleen;

Meisburg, Ronald; Moore-Duncan, Dorothy L.; Moran, Gail R.; Morgan, Terry A.; Ohr, Peter

S.; Osthus, Marlin O.; Overstreet, Cornele; Pearce, Mark G.; Purcell, Anne G.; Saunders,

Josh D; Schaumber, Peter; Shapiro, Ken; Siegel, Richard A.; Simms, Abby; Smith, Barry F.;

Solomon, Lafe E.; Tendrich, Robert; Tuli, Manisha E.; W agner, Anthony R.; Zick, Lara S.

Legal News FYI

UFW Stays on Sidelines on Farmworker Overtime Bill

Beyond Chron – 6/8/10 7:14 AM

Words matched: National Labor Relations Act

When Congress passed the National Labor Relations Act in 1935, it exempted two classes of largely non-white workers from

coverage: domestic workers

Labor union journalist: I was fired for organizing workers

Boston Herald (AP) – 6/8/10 12:43 AM

Words matched: National Labor Relations Board

Writing was on the wall

...Williams has filed charges against. The Boston office of the National Labor Relations Board confirmed yesterday that it has

received Williams latest...

Boeing denies North Charleston plant was move to punish union

Greenville Online (AP) – 6/8/10 2:35 AM

1 other source (Tribune Times)

Words matched: National Labor Relations Board

Union workers near Seattle have filed a complaint against Boeing, saying the Chicago-based company located the new factory away

from its longtime manufacturing

...Washington state as punitive measure against organized labor. The National Labor Relations Board will review the filing brought by

the International...

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

1

NLRB-FOIA-00000848

Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

W ednesday, June 16, 2010 4:25 PM

Ahearn, Richard L.; Arlook, Martin M.; Baniszewski, Joseph; Barker, Joseph; Becker, Craig;

Blyer, Alvin P.; Burton, Spence; Chester, Robert W .; Cleeland, Nancy; Colwell, John F.;

Cowen, W illiam B.; Dreeben, Linda J.; Englehart, Bob; Farrell, Ellen; Ferguson, John H.;

Figueroa, Marta; Flynn, Terence F.; Glasser, Stephen M.; Gold, W ayne R.; Gottschalk, Irving

E.; Griffin, Jill; Heinzmann, Kym; HELTZER, LES (Hdqs); Higgins, John E.; Hirozawa, Kent;

Hooks, Ronald K.; Howard, Deidran; James, Kathleen; Joseph, Gloria; Kane, Robert F.; Katz,

Judy; Kilpatrick, Elizabeth; Kinard, Martha E.; Klepper, Arlene F; Krafts, Andrew J.; Levin,

Nelson; Levitan, Daniel; Ley, Rhonda; Lieber, Margery E.; Liebman, W ilma B.; Lightner, J.

Michael; Lineback, Rik D.; Mattina, Celeste; McDermott, James J.; McKinney, M. Kathleen;

Meisburg, Ronald; Moore-Duncan, Dorothy L.; Moran, Gail R.; Morgan, Terry A.; Ohr, Peter

S.; Osthus, Marlin O.; Overstreet, Cornele; Pearce, Mark G.; Purcell, Anne G.; Saunders,

Josh D; Schaumber, Peter; Shapiro, Ken; Siegel, Richard A.; Simms, Abby; Smith, Barry F.;

Solomon, Lafe E.; Tendrich, Robert; Tuli, Manisha E.; W agner, Anthony R.; Zick, Lara S.

Legal News FYI

Meisburg Issues Report on Section 10(j) Use

During Most of His Term as General Counsel

In releasing his final report June 15 on the use of Section 10(j) proceedings, National Labor Relations

Board General Counsel Ronald Meisburg asserted that the 112 authorized cases during the more than four

years of his tenure "represent...

Minnesota Nurses Association to Hold Vote

Seeking Authorization for Another RN Strike

The Minnesota Nurses Association has scheduled a vote for June 21 in which it is asking members to

authorize another strike against 14 hospitals in the Minneapolis-St. Paul area, a union spokeswoman told

BNA June 15....

NLRB's Weekly Summary of Cases, Dated June 11, 2010

NLRB General Counsel Meisburg's Report on NLRA Section 10(j) Activity

FOXWOODS BATTLES UNION BID BEVERAGE WORKERS SEEK REPRESENTATION

Hartford Courant

Word Count: 794

6/14/10 HARTFORDCRNT A1 2010 WLNR 12171646

Text:

Bartenders at Foxwoods Resort Casino are trying to form a labor union under the supervision of

the U.S. government after failing to organize under th...

Foxwoods bartenders want NLRB to supervise election?

New Haven Register – 6/15/10 3:17 PM

Words matched: National Labor Relations Board

Associated Press, Bartenders at Foxwoods Resort Casino have asked the National Labor Relations Board to supervise an election in

a drive to organize

NLRB upholds one of three union charges against PDM Bridge

Chippewa.com – 6/15/10 6:00 AM

Words matched: National Labor Relations Board

EAU CLAIRE — The National Labor Relations Board has issued a complaint against PDM Bridge for failing to provide information

during negotiations with

Nurses allege lockout, file charges against hospitals

Daily Planet – 6/15/10 5:08 AM

Words matched: National Labor Relations Board

The Minnesota Nurses Association, alleging four hospitals illegally locked out nurses after their one-day strike, filed unfair labor practice

charges

1

NLRB-FOIA-00000849

Teamsters to represent bus drivers

Telegram.com – 6/15/10 4:14 PM

Words matched: National Labor Relations Board

FITCHBURG — Drivers, mechanics and other staff at First Student school bus company in Fitchburg voted Friday to join the Teamsters

Local 170 , according

...favor, Mr. Hogan said. The vote is expected to be certified by the National Labor Relations Board within seven days of the vote.

Then , we ll sit down...

440 Spirit Airlines Pilots on Strike—and More Bargaining News

AFL-CIO – 6/14/10 8:33 PM

Words matched: National Labor Relations Board, NLRB

Share Some 440 pilots at Spirit Airlines, members of Air Line Pilots, are on strike, and more news from the “

...Co.: Machinists (IAM) District 751 has filed a complaint with the National Labor Relations Board (NLRB ) alleging Boeing Co.

selected a South Carolina...

FedEx expects Senate to alter driver labor laws

TD Ameritrade – 6/16/10 1:03 PM

Words matched: National Labor Relations Act

NEW YORK (MarketWatch) -- Fedex Corp. said Wednesday it expects the U. S. Senate to alter an aviation bill

that would change the labor laws governing

...express-shipping drivers, sorters, loaders and others under the National Labor Relations Act, while keeping

pilots and airplane mechanics under the...

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

2

NLRB-FOIA-00000850

Microsoft Outlook

Location:

Meeting re: The Boeing Company, Case 19-CA-32431 - GC, Barry Kearney, David Campbell,

Carson Glickman-Flora, Richard Michalski, Christopher Corson, Neil Gladstein, Mark Blondin,

Tom W roblewski, Jude Bryan

GC's Office

Start:

End:

W ed 3/9/2011 1:00 PM

W ed 3/9/2011 2:30 PM

Recurrence:

(none)

Subject:

1

NLRB-FOIA-00000851

Microsoft Outlook

Location:

Oral Argument re: The Boeing Company, Case 19-CA-32431 - GC, CM, Advice, W illiam

Kilberg

GC Conference Room

Start:

End:

W ed 12/15/2010 10:00 AM

W ed 12/15/2010 11:00 AM

Recurrence:

(none)

Subject:

1

NLRB-FOIA-00000852

Microsoft Outlook

Location:

Oral Argument re: The Boeing Company, Case 19-CA-32431 - GC, Advice, Operations, David

Campbell, Carson Glickman-Flora, Richard Michalski, Christopher Corson, Neil Gladstein,

Mark Blondin, Tom W roblewski, Jude Bryan

GC Conference Room

Start:

End:

W ed 1/19/2011 1:30 PM

W ed 1/19/2011 4:30 PM

Recurrence:

(none)

Subject:

1

NLRB-FOIA-00000853

Microsoft Outlook

Location:

Pre-Meeting re: The Boeing Company, Case 19-CA-32431 - GC, Barry Kearney, Ellen Farrell,

Jayme Sophir, Miriam Szapiro, Debra W illen, Richard Ahearn, Joe Baniszewski

GC's Office

Start:

End:

W ed 1/19/2011 11:00 AM

W ed 1/19/2011 12:00 PM

Recurrence:

(none)

Subject:

1

NLRB-FOIA-00000854

Microsoft Outlook

Location:

Meeting re: The Boeing Company, Case 19-CA-32431 - GC, Barry Kearney, Michael Luttig,

GC and W illiam Kilberg, Attorney

GC's Office

Start:

End:

Mon 3/7/2011 2:00 PM

Mon 3/7/2011 3:30 PM

Recurrence:

(none)

Subject:

1

NLRB-FOIA-00000855

Microsoft Outlook

From:

Sent:

To:

Subject:

Kearney, Barry J.

Thursday, March 17, 2011 9:08 AM

Solomon, Lafe E.

Boeing

The call will be Friday afternoon. As soon as I get a time I will let you know

Barry

1

NLRB-FOIA-00000856

Microsoft Outlook

Subject:

Location:

Telephone Call from Mike Luttig, General Counsel, The Boeing Company - GC

GC's Office

Start:

End:

Mon 3/28/2011 2:30 PM

Mon 3/28/2011 3:15 PM

Recurrence:

(none)

1

NLRB-FOIA-00000857

Microsoft Outlook

Subject:

Location:

Telephone Call from Mike Luttig, General Counsel, The Boeing Company - GC, Barry Kearney

GC's Office

Start:

End:

Fri 3/18/2011 2:00 PM

Fri 3/18/2011 2:45 PM

Recurrence:

(none)

1

NLRB-FOIA-00000858

Microsoft Outlook

From:

Sent:

To:

Solomon, Lafe E.

Friday, April 08, 2011 11:29 AM

Kearney, Barry J.

Any news on the boeing front?

--------------------------

Sent from my BlackBerry Wireless Handheld

1

NLRB-FOIA-00000859

Microsoft Outlook

From:

Sent:

To:

Subject:

Kearney, Barry J.

Friday, April 08, 2011 11:32 AM

Solomon, Lafe E.

RE:

Been trying to talk to Kilberg. Lastest effort resulted in a promise that he would call

within the next half hour. Keep you posted

-----Original Message-----

From: Solomon, Lafe E.

Sent: Friday, April 08, 2011 11:29 AM

To: Kearney, Barry J.

Subject:

Any news on the boeing front?

--------------------------

Sent from my BlackBerry Wireless Handheld

1

NLRB-FOIA-00000860

Microsoft Outlook

Subject:

Location:

Discuss Boeing press approach

GC's office

Start:

End:

Show Time As:

W ed 4/13/2011 4:00 PM

W ed 4/13/2011 5:00 PM

Tentative

Recurrence:

(none)

Meeting Status:

Not yet responded

Required Attendees:

Farrell, Ellen; Solomon, Lafe E.; Mattina, Celeste J.; Cleeland, Nancy; Kearney, Barry J.;

Ahearn, Richard L.

When: Wednesday, April 13, 2011 4:00 PM-5:00 PM (GMT-05:00) Eastern Time (US & Canada).

Where: GC's office

Note: The GMT offset above does not reflect daylight saving time adjustments.

*~*~*~*~*~*~*~*~*~*

1

NLRB-FOIA-00000861

Microsoft Outlook

Location:

Discuss Media Strategy re: Boeing - GC, JA, Barry Kearney, Ellen Farrell, Jayme Sophir,

Richard Ahearn, Nancy Cleeland, Jose Garza

GC Office

Start:

End:

Mon 4/18/2011 1:00 PM

Mon 4/18/2011 2:00 PM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Cleeland, Nancy; Solomon, Lafe E.; Farrell, Ellen; Kearney, Barry J.; Garza, Jose; Sophir,

Jayme; Ahearn, Richard L.

Subject:

When: Monday, April 18, 2011 1:00 PM-2:00 PM. Eastern Standard Time

Where: GC office

*~*~*~*~*~*~*~*~*~*

I’m sorry to have to change the time, but it turns out I won’t be in the office until noon Monday. It looks like everyone is

free at 1. I hope the new time works out.

1

NLRB-FOIA-00000862

Microsoft Outlook

Ahearn, Richard L.

Sunday, April 24, 2011 2:58 PM

Solomon, Lafe E.; Mattina, Celeste J.; Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen

FW : seattletimes.com: Boeing's South Carolina 787 assembly line disappointing but not

'unfair'

From:

Sent:

To:

Subject:

-----Original Message-----

From:

Exemption 6 Privacy

Sent: Sunday, April 24, 2011 7:10 AM

To: Ahearn, Richard L.

Subject: seattletimes.com: Boeing's South Carolina 787 assembly line disappointing but not

'unfair'

This message was sent to you by

Exemption 6 Privacy

as a service of The Seattle Times

http://www.seattletimes.com.

----------------------------------------------------------------------

Boeing's South Carolina 787 assembly line disappointing but not 'unfair'

The Seattle Times editorial board does not support the National Labor Relations Board's move

against Boeing.

http://seattletimes.nwsource.com/html/editorials/2014850924_edit24boeing.html

======================================================================

TO SUBSCRIBE TO THE SEATTLE TIMES PRINT EDITION

Call (206) 464-2121 or 1-800-542-0820, or go to http://seattletimes.com/subscribe

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e-mail newsletter, or other online marketing platforms with The Seattle Times Company, call

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Copyright (c) 2009 The Seattle Times Company

www.seattletimes.com

1

NLRB-FOIA-00000863

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From:

Sent:

To:

Subject:

BNA Highlights [bhighlig@bna.com]

Thursday, April 28, 2011 10:40 PM

Solomon, Lafe E.

Apr. 28 -- BNA, Inc. Daily Labor Report

E-mail not displaying correctly? View publication in your browser: http://news.bna.com/dlln

Thursday, April 28, 2011 · Number 82

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

FLSA

Agencies

Sixth Circuit Rejects DOL Child Labor Claims,

States

Finds Vocational Students Weren't Employees

Courts/Tribunals

A district court acted properly in declining to follow Labor

Department guidelines distinguishing students from employees

and concluding that vocational students who spent half of their

school day in "wholesome" work activities...

Federal Statutes

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

Airlines

NMB Ruling Sets Stage for Ramp Workers

At United Continental to Choose Single Union

NLRB Summaries

Wage Trend Indicator

Calendar of Events

The merged United and Continental airlines have sufficiently

integrated their operations to form a single transportation

system for representation purposes for fleet service workers,

the National Mediation Board said April 28 (In re Application...

Employee Benefits

EBSA Seeks Comments on Expanding Online Form

The Department of Labor's Employee Benefits Security

Administration is requesting comments on a proposal to expand

the information collected when retirement and health plan

participants contact the agency online seeking help in

understanding...

ERISA

District Court Approves ‘Stock-Drop' Settlement

The U.S. District Court for the Western District of Washington

granted final approval April 26 to a $750,000 settlement that

ends an Employee Retirement Income Security Act "stock-drop"

lawsuit that alleged the fiduciaries of an...

Federal Employees

CRS Reports on Federal Workforce Trends,

1

NLRB-FOIA-00000864

Notes Increase in Size, Demographic Changes

Noting the importance of understanding the federal workforce,

the Congressional Research Service April 19 issued a report that

said the number of federal employees is increasing, but the

number of federal contractors appears to be increasing...

Health Care

EBRI Releases Report on Policy Forum

On Employer-Provided Health Care Benefits

Adoption of consumer-directed, high-deductible health plans is

accelerating, the Employee Benefit Research Institute said April

26 in a report summarizing a 2010 EBRI policy forum on

employer-provided health care benefits....

Hotels

UNITE HERE Members OK Starwood Pacts

With Hotels in Chicago, San Francisco

Members of UNITE HERE Local 1 in Chicago and Local 2 in San

Francisco are working under a new contract with Starwood

Hotels and Resorts Worldwide Inc. covering about 4,200 hotel

employees, reached after 20 months of negotiations,

spokeswomen...

Immigration

DOL Issues Protocols for Certifying

U Visa Applications for Crime Victims

The Labor Department April 28 announced new protocols the

Wage and Hour Division will follow to determine whether to

certify that a U visa applicant was a victim of a qualifying crime

and is willing to help cooperate with law enforcement in the...

Mining

Black Lung Increasing Among Coal Miners,

NIOSH Reports in Scientific Literature Review

The incidence of pneumoconiosis among coal workers is rising,

and miners are developing the lung disease at relatively young

ages, the National Institute for Occupational Safety and Health

reported in a scientific literature review April...

NLRB

Nine State Attorneys General Join in Protest

Of Boeing Unfair Labor Practice Complaint

The attorneys general of nine states April 28 sent a letter to

National Labor Relations Board Acting General Counsel Lafe E.

Solomon asserting that his approval of an unfair labor practice

complaint challenging Boeing Co.'s decision...

Pay Equity

Administration Marks Equal Pay Day

With Informational Sessions at EEOC

The Equal Employment Opportunity Commission April 28 hosted

panel discussions by government officials and private sector

representatives on efforts to enforce federal laws prohibiting sex

discrimination in pay, as the Obama administration...

Safety & Health
2

NLRB-FOIA-00000865

DOT Proposed Rule Would Ban Cell Phones

For Drivers Transporting Hazardous Materials

The Transportation Department's Pipeline and Hazardous

Materials Safety Administration is proposing to ban mobile

phone use by drivers of trucks carrying hazardous materials in

intrastate commerce, and to prohibit employers from...

Safety & Health

Grain Elevator Safety Infractions Now Qualify

For Severe Violator Sanctions, OSHA Says

Grain handling operations such as storage silos are the latest

industry covered by the Labor Department's Occupational

Safety and Health Administration's Severe Violator Enforcement

Program (SVEP), making those businesses...

Safety & Health

Indiana, Hawaii OSHA Cite Hyatt Hotels

For Hazards, but Not Ergonomic Violations

Hyatt hotels in Indiana and Hawaii were cited in April by the

occupational safety and health agencies in those states for

serious safety violations, but not for ergonomic issues, after

inspections were conducted in response to a multicity...

Safety & Health

Officials Mark Workers' Memorial Day,

Celebrate 40th Anniversary of OSHA

President Obama and senior administration officials marked

both Workers' Memorial Day and the 40th anniversary of the

Labor Department's Occupational Safety and Health

Administration with a series of events and public remarks...

Safety & Health

Texas Bakery Firm Faces $229,400 in Fines

For Alleged Safety Violations at Two Facilities

HOUSTON—A Texas food manufacturer has been cited for 49

alleged safety violations at two plants and faces proposed

penalties of $229,400 following multiple inspections initiated

after a fingertip amputation on a pie processing line,...

State Laws

Indiana Governor Signs Bill Limiting

Teachers' Collective Bargaining Rights

LANSING, Mich.—Indiana Gov. Mitch Daniels (R) April 20 signed

legislation (S.B. 575) that curtails teachers' collective

bargaining rights, sets limits on the number of teachers that

may sit on decisionmaking committees, and...

No Unemployment Benefits for Nurse Fired for Cell Phone

Use, Court Says

A registered nurse in Pennsylvania who was fired for using her

cell phone to make a Facebook posting while distributing

medication to patients is ineligible to receive unemployment

compensation benefits, a state court in Pennsylvania ruled...

ALSO IN THE COURTS
3

NLRB-FOIA-00000866

Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

CONFERENCE REPORT

Immigration

High Court Ruling on Employer Sanctions

Not Likely to Impact Arizona's S.B. 1070

It is possible the U.S. Supreme Court may resolve a case

challenging the Arizona employer sanctions law so narrowly as

to have little impact on other immigration cases making their

way through the judicial system, including a case challenging...

Immigration

State Legislatures Increasingly Taking Lead

On Immigration Through Comprehensive Bills

State legislatures are taking the lead on immigration policy,

introducing comprehensive bills that "represent a significant

break" with past federal domination of the immigration debate,

speakers said April 26 at an immigration...

ECONOMIC NEWS

GDP

Economic Growth Slowed to 1.8 Percent

In First Quarter, as Spending Weakened

Economic growth slowed sharply in the first three months of the

year, as the nation's real gross domestic product expanded 1.8

percent at a seasonally adjusted annual rate, down from a 3.1

percent gain in the fourth quarter of 2010, according...

Unemployment Insurance

Initial UI Claims Rise 25,000

To 429,000 in Week Ended April 23

New claims filed for unemployment insurance increased 25,000

to a seasonally adjusted total of 429,000 in the week ended

April 23, according to data released April 28 by the Labor

Department's Employment and Training Administration....

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Preferences" under the Getting Started heading on your product's home page.

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NLRB-FOIA-00000867

Relations at 800-372-1033, Mon. - Fri. 8:30 am - 7:00 pm (ET), excluding most

federal holidays.

Copyright (c) 2011 by The Bureau of National Affairs, Inc., 1801 S. Bell Street,

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5

NLRB-FOIA-00000868

Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

morningreport@meltwaternews.com

Friday, April 29, 2011 8:17 AM

Solomon, Lafe E.

49 articles from Meltwater News

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Your contact person:

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Email: ryan.kerlew@meltwater.com

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to the top

Easter glory for Power and Church

Get Reading – 04/29/11 06:20 –

Words matched: Mark Pearce

The annual Sutton Cup and Palmer Cup, played between members of Calcot Park,

Reading and Sonning Golf Clubs took place over the Easter Weekend. The

competitions were as keenly contested as ever, with home-course players winning

both.

...Court scored 43 points to win the Easter Fourball, one ahead of Mark Pearce and

David Rintoul. Shaun Dyke and Roy Weaver scored 41 points to...

Translate

NLRB comes under fire for its stand on Boeing move

Pacific Business News – 04/29/11 06:00 –

Words matched: Lafe Solomon

Related News HGEA vote fell well short of a mandate Most HGEA units ratify new

contract HGEA ratification vote begins Will Hawaii see job-growth recovery? Women

still don’t enjoy financial equality Business groups are accusing the National Labor

Relations Board of pursuing a pro-union agenda by is

...a right-to-work state. NLRB Acting General Counsel Lafe Solomon accused

Boeing of violating federal labor laws by moving a second production ...

Translate

Bring federal labor law into the 21st century

San Francisco Examiner – 04/29/11 00:00 –

Words matched: Craig Becker

A New York Times headline in January told the story: “Union membership in U.S. fell

to 70-year low last year.” The actual numbers from the Bureau of Labor Statistics

were even more dismal than suggested by the headline: Whereas at its peak in the

mid-1950s nearly 40 percent of all employed Americans

...evident than at the NLRB where board member and former union lawyer Craig

Becker has pushed the union regulatory agenda to radical new extremes .

Translate

Nikki Haley: Obama Owes Explanation For Boeing Decision

Business Insider – 04/28/11 22:45 –

Words matched: Lafe Solomon

A story that continues to gather momentum is the National Labor Relations Board's

decision to tell Boeing that it can't move its Dreamliner from unionized Washington

State to non-union South Carolina.

...president has been silent since his hand-selected NLRB General Counsel Lafe

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1

NLRB-FOIA-00000869

Solomon, who has not yet been confirmed by the United States Senate...

U.S. Military Veteran Gives Returning Iraq and Afghanistan Soldiers a Chance

to ‘Earn their Stripes’

Trib Local – 04/28/11 21:25 –

Words matched: Brian Hayes

With unemployment rates for Iraq and Afghanistan military veterans significantly

higher than the national average, one U.S. military veteran is making it his personal

mission to give back to his comrades.

...opportunity. Panel representatives include Child and his business partner , Brian

Hayes, Dan Zurcher, Allan Heydorn, Editor of Pavement Magazine ,

Translate

Business lobby: ‘No company safe’ if NLRB wins vs. Boeing

Business Journals – 04/28/11 21:00 –

Words matched: Lafe Solomon

WASHINGTON -- Business groups accused the National Labor Relations Board of

pursuing a pro-union agenda by issuing a complaint against the Boeing Co. for

moving some of its aircraft production to South Carolina a right-to-work state.

...production to South Carolina a right-to-work state. Lafe Solomon NLRB s acting

general counsel accused Boeing of violating federal labor laws...

Translate

David Macaray: A Victory for Labor

Counter Punch – 04/28/11 18:41 –

Words matched: Lafe Solomon, Craig Becker

By DAVID MACARAY With all the bad news organized labor has received

recently—and there’s been plenty of it, from attacks on the collective bargaining

rights of public sector workers, to smear campaigns against school teachers, to more

jobs being lost to globalization and “Dixiefication”—it came

...a positively stunning decision, the NLRB s acting general counsel, Lafe Solomon,

announced that Boeing s plan to move part of its Dreamliner ...

Translate

Uncivil War: States’ Attorneys General Rip Into Union-Controlled NLRB in

Letter

RedState – 04/28/11 18:30 –

Words matched: Lafe Solomon

President Obama’s union-controlled NLRB isn’t making any friends these days

(unless you count union bosses, of course). Earlier this week, Obama’s labor board

filed its lawsuit against Arizona and South Dakota for those states’ voters having the

gall to pass amendments favoring the preservation of

...more, by co-signing a letter to the NLRB s prosecutor-in-chief, Lafe Solomon .

While you can see the entire letter below, you get the sense of the...

Translate

NLRB says Boeing violated law by moving

Portland Business Journal – 04/28/11 16:00 –

Words matched: Lafe Solomon

Business groups accused the National Labor Relations Board of pursuing a pro-

union agenda by issuing a complaint against the Boeing Co. for moving some of its

aircraft production to South Carolina a right-to-work state.

...a right-to-work state. NLRB Acting General Counsel Lafe Solomon accused

Boeing of violating federal labor laws by moving a second production ...

Translate

Big Labor Vs. Freedom

Daily News Record – 04/28/11 00:00 –

Words matched: Craig Becker

Labor Takes Aim At Right-To-Work

...in its scheduled June appeal before an NLRB featuring the likes of Craig Becker,

an Obama recess appointment who once stated the board could...

Translate

Harpeth player named to All-State team

The Tennessean – 04/27/11 22:04 –

Words matched: Brian Hayes

Harpeth High School senior Haley Felker was named to the 2010-11 Class AA All-

State girls basketball team by the Tennessee Sports Writers Association. She was

the only Cheatham County basketball player boys or girls to be recognized.

...Nashville. Felker has played for two different AAU teams. She played for Brian

Hayes and the Tennessee Flight Navy and for Zack and Beth Stark with the...

Translate

Washington View: Labor board’s stance on Boeing plant bad for business

The Columbian – 04/26/11 19:42 –

Words matched: Lafe Solomon

During the 2008 presidential campaign, candidate Barack Obama promised

organized labor that he would support their agenda. Having failed to get labor’s

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2

NLRB-FOIA-00000870

priorities through Congress, the Obama administration is seeking to achieve the

same goal through regulation.

...2008 cost the company $1.8 billion). Acting NLRB General Counsel Lafe Solomon

says Boeing acted out of anti-union animus, and its decision to...

NLRA - Major Outlets

to the top

Business lobby: ‘No company safe’ if NLRB wins vs. Boeing

Business Journals – 04/28/11 21:00 –

Words matched: National Labor Relations Act

WASHINGTON -- Business groups accused the National Labor Relations Board of

pursuing a pro-union agenda by issuing a complaint against the Boeing Co. for

moving some of its aircraft production to South Carolina a right-to-work state.

...worker s right to strike is a fundamental right guaranteed by the National Labor

Relations Act Solomon said. We also recognize the rights of...

Translate

A Government Union Shakedown

Town Hall – 04/28/11 16:12 –

Words matched: National Labor Relations Act

“Raise our taxes!” Can you imagine chanting such a slogan at a public rally? Neither

could most Americans. There is one notable exception, however: government-union

activists.

...2005). Even President Franklin D. Roosevelt, who signed the National Labor

Relations Act, called such a prospect unthinkable and intolerable . As...

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NLRB - Major Outlets

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NLRB comes under fire for its stand on Boeing move

Pacific Business News – 04/29/11 06:00 –

Words matched: National Labor Relations Board, NLRB

Related News HGEA vote fell well short of a mandate Most HGEA units ratify new

contract HGEA ratification vote begins Will Hawaii see job-growth recovery? Women

still don’t enjoy financial equality Business groups are accusing the National Labor

Relations Board of pursuing a pro-union agenda by is

NLRB comes under fire for its stand on Boeing move Related News HGEA vote fell

well short of a mandate Most HGEA units ratify new contract HGEA...

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Morning Briefing for April 29, 2011

RedState – 04/29/11 04:45 –

Words matched: NLRB

RedState Morning Briefing For April 29, 2011 Go to www.RedStateMB.com to get

the Morning Briefing every morning at no charge. 1. McConnell Should Appoint

DeMint to Finance Committee 2.

...2. Uncivil War: States Attorneys General Rip Into Union-Controlled NLRB in Letter

3. Become a Community Organizer: If You Control the Precincts ,

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Picking a fireman caps strange day

Philly.com – 04/29/11 03:09 –

Words matched: National Labor Relations Board

The lights were on all through the NovaCare Complex early Thursday night. They

were on in the war room where the Eagles' player-personnel brain trust readied

another deep-thinking assault on the college draft, and, for a change, the lights were

turned on in the locker room, too, as Andy Reid fluffed

...has to win one eventually. Maybe it will come from the National Labor Relations

Board, which still has to determine whether the Players Association...

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Attorneys General Battle NLRB Over Boeing Plant

Free Republic – 04/29/11 03:06 –

Words matched: National Labor Relations Board, NLRB

Nine state attorneys general sounded off in a letter to the National Labor Relations

Board, calling a complaint it filed against Boeing for opening a production facility in

South Carolina an assault on their states' economies.

Attorneys General Battle NLRB Over Boeing Plant Nine state attorneys general

sounded off in a letter to the National Labor Relations Board , calling...

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Editorial: Rein in the NLRB

The Detroit News (AP) – 04/29/11 01:00 –

Words matched: NLRB

Newly aggressive federal labor agency's stances illustrate a hostile attitude toward

business

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Editorial: Rein in the NLRB Newly aggressive federal labor agency's stances

illustrate a hostile attitude toward business The National Relations ...

'Change' via executive power grab

New York Post – 04/28/11 23:19 –

Words matched: National Labor Relations Board, NLRB

Having lost the House of Representa tives in the last election, the Obama

administration is now imposing "fun damental change" via executive order, regulatory

fiat and political pressure.

...right behind the lizard is the Lesser Prairie Chicken. * The National Labor

Relations Board has filed a complaint against a private employer ,

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Nikki Haley: Obama Owes Explanation For Boeing Decision

Business Insider – 04/28/11 22:45 –

Words matched: National Labor Relations Board, NLRB

A story that continues to gather momentum is the National Labor Relations Board's

decision to tell Boeing that it can't move its Dreamliner from unionized Washington

State to non-union South Carolina.

...Explanation For Boeing Decision A story that continues to gather momentum is the

National Labor Relations Board 's decision to tell Boeing that it can't...

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Judge denies NFL request to freeze lockout ruling

LexisNexis – 04/28/11 22:38 –

2 other sources (ABC Owned Television Stations, The San Diego Union-Tribune

(AP))

Words matched: National Labor Relations Board

The Monterey County Herald MINNEAPOLIS (AP) The NFL is falling behind in its

court fight with the players over the future of the $9 billion business. The federal

judge who lifted the lockout two days ago dealt another blow to the league late

Wednesday, denying its request to put her ruling on hold

...bad-faith negotiation against the players was still pending with the National Labor

Relations Board. The league also argued that it shouldn't...

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Judge's NFL lockout rulings look solid

Sports - ESPN – 04/28/11 22:27 –

Words matched: National Labor Relations Board

Legal terms are starting to pile up in the NFL. Injunction. Stay. Supersedeas bond.

Expedited appeal. Irreparable harm. Treble damages. Nonstatutory labor exemption.

...disposed of the owners' claim that she should defer to the National Labor

Relations Board, explaining that the owners' use of previous decisions...

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Business lobby: ‘No company safe’ if NLRB wins vs. Boeing

Business Journals – 04/28/11 21:00 –

Words matched: National Labor Relations Board, NLRB

WASHINGTON -- Business groups accused the National Labor Relations Board of

pursuing a pro-union agenda by issuing a complaint against the Boeing Co. for

moving some of its aircraft production to South Carolina a right-to-work state.

Business lobby: No company safe if NLRB wins vs. Boeing WASHINGTON --

Business groups accused the National Labor Relations Board of pursuing...

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Obama's Silence on Boeing Is Unacceptable

The Wall Street Journal - World News – 04/28/11 20:39 –

Words matched: National Labor Relations Board, NLRB

The president's appointees have moved to block the company from building planes

in my state. He owes us an explanation.

...much for President Obama and his union-beholden appointees at the National

Labor Relations Board, who have asked the courts to intervene and...

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Lions will open doors to players Friday, first organized activity Wednesday

The Detroit News (AP) – 04/28/11 20:07 –

Words matched: National Labor Relations Board

Allen Park -- The Lions' front office and coaching staff have been busy preparing for

the NFL draft for months. The players will join them next week. Lions president Tom

Lewand confirmed Thursday the Lions will officially open their doors for the

beginning of the 2011 season Friday at 8 a.

...bad-faith negotiation charge against the players is pending with the National

Labor Relations Board; that federal law prevents the court from overseeing...

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Trickle Of NFL Players Head Back To Work - Sort Of

WCVB TV/DT – 04/28/11 19:55 –

Words matched: National Labor Relations Board

Ruling Gives Players Early Victory In Fight

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...with an unfair bargaining complaint against the players pending with the National

Labor Relations Board. In her ruling, Nelson rejected that...

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NFL tells teams, players OK to work again

Newsvine – 04/28/11 19:51 –

9 other sources (Salon.com, Dayton Daily News, ...)

Words matched: National Labor Relations Board

MINNEAPOLIS — Finally, the NFL is getting back to football. Five days after a

federal judge declared the lockout was illegal and nearly seven weeks after it began,

the NFL said players can talk with coaches, work out at team headquarters and look

at their playbooks.

...bad-faith negotiation charge against the players is pending with the National

Labor Relations Board; that federal law prevents the court from overseeing...

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NFL says players can return to work; Browns welcome to work out at Berea

headquarters

Cleveland – 04/28/11 19:00 –

Words matched: National Labor Relations Board

BEREA, Ohio -- The first order of business in getting the Browns back to business on

Thursday was a flurry of phone calls from position coaches to players.

...bad-faith negotiation charge against the players is pending with the National

Labor Relations Board; that federal law prevents the court from overseeing...

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Uncivil War: States’ Attorneys General Rip Into Union-Controlled NLRB in

Letter

RedState – 04/28/11 18:30 –

Words matched: National Labor Relations Board, NLRB

President Obama’s union-controlled NLRB isn’t making any friends these days

(unless you count union bosses, of course). Earlier this week, Obama’s labor board

filed its lawsuit against Arizona and South Dakota for those states’ voters having the

gall to pass amendments favoring the preservation of

Uncivil War: States Attorneys General Rip Into Union-Controlled NLRB in Letter

President Obama s union-controlled NLRB isn t making any friends ...

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NFL tells players to get back to work; Lions start workouts Monday

The Detroit News (AP) – 04/28/11 18:27 –

Words matched: National Labor Relations Board

Minneapolis— Finally, the NFL is getting back to football. Five days after a federal

judge declared the lockout was illegal and nearly seven weeks after it began, the

NFL said players can talk with coaches, work out at team headquarters and look at

their playbooks.

...bad-faith negotiation charge against the players is pending with the National

Labor Relations Board; that federal law prevents the court from overseeing...

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Back to work, not back to normal as NFL to resume operations while court

fight escalates

Newser – 04/28/11 17:54 –

Words matched: National Labor Relations Board

Bookmark & Share Digg Fark LinkedIn StumbleUpon Delicious Google Buzz Reddit

Yahoo Buzz Finally, the NFL is getting back to football. ADVERTISEMENT (Click

Prev or Next to continue viewing images.

...bad-faith negotiation charge against the players is pending with the National

Labor Relations Board; that federal law prevents the court from overseeing...

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NFL loses another round, lockout remains lifted

IndyStar – 04/28/11 16:37 –

1 other source (The San Diego Union-Tribune (AP))

Words matched: National Labor Relations Board

MINNEAPOLIS -- The NFL has promised to give its teams guidance on what to do

after another stinging rebuke from the same federal judge who lifted the lockout.

...of bad-faith negotiation against the players was still pending with the National

Labor Relations Board. The league also said it shouldn 't be...

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NLRB says Boeing violated law by moving

Portland Business Journal – 04/28/11 16:00 –

Words matched: National Labor Relations Board, NLRB

Business groups accused the National Labor Relations Board of pursuing a pro-

union agenda by issuing a complaint against the Boeing Co. for moving some of its

aircraft production to South Carolina a right-to-work state.

NLRB says Boeing violated law by moving Business groups accused the National

Labor Relations Board of pursuing a pro-union agenda by issuing...

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NFL: Players can work out with teams Friday

ABC Owned Television Stations – 04/28/11 15:16 –

Words matched: National Labor Relations Board

The NFL has told its teams and players to get back to football, at least for now.

...bad-faith negotiation charge against the players is pending with the National

Labor Relations Board; that federal law prevents the court from overseeing...

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NFL Tells Teams To Resume Football Operations

Hartford Courant – 04/28/11 14:39 –

Words matched: National Labor Relations Board

MINNEAPOLIS —— The NFL has told its teams and players to get back to football,

at least for now. Told twice in three days by a federal judge that its 45-day lockout

was illegal, the league assured teams and players they could resume some of the

normal day-to-day football operations beginning Frida

...bad-faith negotiation charge against the players is pending with the National

Labor Relations Board; that federal law prevents the court from overseeing...

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NFL says teams can resume operations Friday morning

National Football League – 04/28/11 13:26 –

Words matched: National Labor Relations Board

Finally, the NFL is getting back to football. Three days after a federal judge declared

the lockout illegal, and nearly seven weeks after it began, the NFL said players may

talk with coaches, work out at team headquarters and look at their playbooks.

...bad-faith negotiation charge against the players is pending with the National

Labor Relations Board; that federal law prevents the court from overseeing...

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President Obama, you're no Ronald Reagan

Washington Examiner – 04/28/11 08:05 –

Words matched: National Labor Relations Board

During the 2008 Democratic primaries, then-Sen. Barack Obama caused a stir when

he said, "Ronald Reagan changed the trajectory of America in a way that, you know,

Richard Nixon did not, and in a way that Bill Clinton did not.

...allowed his union cronies to run amok in the Labor Department and on the

National Labor Relations Board . There is one way Obama is like Reagan - he's...

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Judge Denies NFL Request to Freeze Lockout Ruling

CNBC – 04/28/11 07:57 –

Words matched: National Labor Relations Board

The NFL is falling behind in its court fight with the players over the future of the $9

billion business. The federal judge who lifted the lockout two days ago dealt another

blow to the league late Wednesday, denying its request to put her ruling on hold

pending appeals and guaranteeing more limbo

...bad-faith negotiation against the players was still pending with the National Labor

Relations Board. The league also argued that it shouldn't...

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Rollback? Bring It On!

American Thinker – 04/28/11 03:33 –

Words matched: NLRB

Back before Ronald Reagan turned the world upside down, it was considered prima

facie evidence of insanity to advocate "rollback" as the appropriate Western

response to the steady advance of Russian and Chinese communism around the

world.

...budget fight and the Obama Administration's move this week (via an NLRB which it

dominates) to force Boeing to close a new non-union factory ...

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Judge Denies NFL Request To Freeze Lockout Ruling

CBS Minnesota – 04/28/11 00:59 –

Words matched: National Labor Relations Board

MINNEAPOLIS (AP) – The NFL is falling behind in its court fight with the players

over the future of the $9 billion business. The federal judge who lifted the lockout two

days ago dealt another blow to the league late Wednesday, denying its request to

put her ruling on hold pending appeals and guara

...bad-faith negotiation against the players was still pending with the National Labor

Relations Board. The league also said it shouldn t be subject...

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Judge denies league's request for stay of lockout ruling

National Football League – 04/27/11 21:43 –

Words matched: National Labor Relations Board

MINNEAPOLIS -- The NFL's request for a stay of U.S. District Judge Susan Richard

Nelson's ruling, granting the players an injunction to lift the lockout, was denied

Wednesday, leaving the sides in the state of limbo they had been in the previous 48

hours.

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...during the injunction hearing, with the contention that the National Labor

Relations Board holds primary jurisdiction over the case and that...

Judge denies NFL labor lockout request

ABC Owned Television Stations – 04/27/11 20:13 –

Words matched: National Labor Relations Board, NLRB

MINNEAPOLIS (KABC) -- A federal judge denied Wednesday a request by the NFL

to hold an earlier ruling pending appeal.

...lockout and suggested Nelson didn't have jurisdiction while the National Labor

Relations Board considers an unfair labor charge filed by the...

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NFL Tells Teams, Players OK To Work Again

TheDenverChannel.com – 04/27/11 14:12 –

Words matched: National Labor Relations Board

MINNEAPOLIS -- Finally, the NFL is getting back to football. Five days after a federal

judge declared the lockout was illegal and nearly seven weeks after it began, the

NFL said players can talk with coaches, work out at team headquarters and look at

their playbooks.

...bad-faith negotiation charge against the players is pending with the National

Labor Relations Board; that federal law prevents the court from overseeing...

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QUICK: Someone take Boehner to Atlas Shrugged

American Thinker – 04/27/11 03:28 –

Words matched: National Labor Relations Board, NLRB

If you happen to be some congressional bureaucrat on the staff of the Speaker of the

House and you are reading this, please kidnap your boss and take him to the nearest

theatre playing Atlas Shrugged Part 1.

His econ babble speak reasoning is not worth repeating here. -The National Labor

Relations Board (NLRB ) sues Boeing to keep America's largest ...

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Judge lifts NFL lockout, league vows appeal

ABC Owned Television Stations – 04/26/11 22:19 –

Words matched: National Labor Relations Board

ST. PAUL, Minn. - April 25, 2011 (WPVI) -- After seven weeks of bitter back and

forth, failed talks and growing uncertainty about the 2011 season, a federal judge

has ordered an immediate end to the NFL lockout.

...with an unfair negotiation charge against the players pending with the National

Labor Relations Board. In her ruling, Nelson rejected that contention .

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Trickle of NFL players head back to work -- sort of

ABC Owned Television Stations – 04/26/11 20:27 –

Words matched: National Labor Relations Board

MINNEAPOLIS -- The NFL is a long way from playing football.

...with an unfair bargaining complaint against the players pending with the National

Labor Relations Board. In her ruling, Nelson rejected that...

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Federal judge grants injunction to lift NFL lockout

ABC Owned Television Stations – 04/26/11 18:55 –

Words matched: National Labor Relations Board

ST. PAUL, Minn. -- Seven weeks into the NFL lockout, players have an early triumph

over the owners in court.

...with an unfair negotiation charge against the players pending with the National

Labor Relations Board. In her ruling, Nelson rejected that contention .

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Unfair Labor Practices

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Attorneys General Battle NLRB Over Boeing Plant

Free Republic – 04/29/11 03:06 –

Words matched: unfair labor practices

Nine state attorneys general sounded off in a letter to the National Labor Relations

Board, calling a complaint it filed against Boeing for opening a production facility in

South Carolina an assault on their states' economies.

...Machinists and Aerospace Workers, the NLRB claims Boeing participated in unfair

labor practices by threatening to open new, non-union facilities...

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NLRB-FOIA-00000882

Microsoft Outlook

From:

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To:

Cc:

Subject:

Mattina, Celeste J.

Friday, April 29, 2011 8:55 AM

Cleeland, Nancy

Solomon, Lafe E.

Boeing

I thought your responses to the AG letters, as published in today’s DLR, were perfect.

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Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

afternoonreport@meltwaternews.com

Friday, April 29, 2011 4:02 PM

Solomon, Lafe E.

30 articles from Meltwater News

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NLRA - Major Outlets
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Minister critical of 'faith-based' economics

MSN News Ireland – 04/29/11 14:00 –

1 other source (Irish Times)

Words matched: Brian Hayes

Irish Times Latest News Minister of State Brian Hayes has criticised devotion to

"faith-based economics" and said capitalism and the free market were "a bit like

nuclear reactors" at a meeting of Irish-American business representatives today.

...'faith-based' economics Irish Times Latest News Minister of State Brian Hayes has

criticised devotion to "faith-based economics" and said capitalism...

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Hayes criticises 'faith-based economics'

MSN News Ireland – 04/29/11 13:54 –

1 other source (Irish Times)

Words matched: Brian Hayes

R Minister of State Brian Hayes (R), with Congressman Richard E. Neal of

Massachusetts and Marie O'Connor, partner at PWC. Photograph: Matt

Kavanagh/The Irish Times Minister of State Brian Hayes has criticised devotion to

“faith-based economics” and said capitalism and the free market were “a bit

Hayes criticises 'faith-based economics' R Minister of State Brian Hayes (R), with

Congressman Richard E. Neal of Massachusetts and Marie O'Connor ,

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Attorneys general ask NLRB to withdraw complaint against Boeing

Gsa Business – 04/29/11 13:36 –

Words matched: Lafe Solomon

Nine attorneys general — led by South Carolina’s Alan Wilson — are calling for the

National Labor Relations Board to withdraw its complaint against The Boeing Co.

...North Charleston. The attorneys general sent a letter on Thursday to Lafe

Solomon, acting general counsel for the NLRB, which filed a complaint...

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Scott S. Berry, 59

Herald Journal.com – 04/29/11 13:20 –

Words matched: Craig Becker

Scott S. Berry, age 59, of Lester Prairie, passed away Friday, April 22, 2011, at his

home. He was born Nov. 2, 1951, in Minneapolis, the son of William E.

...Berry, all of Lester Prairie; grandchildren Emilie, Garrett and Wyatt Berry, Craig

Becker, Cody and Chase Stock, and James and Tony Wilder ; mother...

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Attorneys general ask NLRB to withdraw complaint

Gsa Business – 04/29/11 11:58 –

Words matched: Lafe Solomon

Nine attorneys general — led by South Carolina’s Alan Wilson — are calling for the

National Labor Relations Board to withdraw its complaint against The Boeing Co.

...North Charleston. The attorneys general sent a letter on Thursday to Lafe

Solomon, acting general counsel for the NLRB, which filed a complaint...

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The NLRB Shows Its Fangs

Dissident Voice – 04/29/11 11:11 –

Words matched: Lafe Solomon, Craig Becker

With all the bad news organized labor has received recently—and there’s been

plenty of it, from attacks on the collective bargaining rights of public sector workers,

to smear campaigns against school teachers, to more jobs being lost to globalization

and “Dixiefication”—it came as a welcome surprise

...a positively stunning decision, the NLRB s acting general counsel, Lafe Solomon,

announced that Boeing s plan to move part of its Dreamliner ...

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Government to fight for rate cut

Irish Times – 04/29/11 10:47 –

Words matched: Brian Hayes

The Government will continue to battle for a cut in the bailout interest rate, but will

defend its low corporate tax rate, Minister of State for Public Service Reform Brian

Hayes said.

...defend its low corporate tax rate, Minister of State for Public Service Reform Brian

Hayes said. "Any change in our corporate tax rate, at a...

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Ireland Will Not Be Bullied In Securing Better Bailout-Minister

ADVFN – 04/29/11 08:40 –

2 other sources (Morningstar News, Global Finance)

Words matched: Brian Hayes

Ireland will "not be bullied" and will not raise its competitive corporation tax in

continuing negotiations for a better deal on the country's bailout loans, a junior

minister in the finance ministry said Friday.

...loans, a junior minister in the finance ministry said Friday. Brian Hayes, who was

appointed Minister of State in the new coalition government ...

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DJ Ireland Will Not Be Bullied In Securing Better Bailout-Minister

London Stock Exchange – 04/29/11 08:25 –

Words matched: Brian Hayes

DUBLIN -(Dow Jones)- Ireland will "not be bullied" and will not raise its competitive

corporation tax in continuing negotiations for a better deal on the country's bailout

loans, a junior minister in the finance ministry said Friday.

...loans, a junior minister in the finance ministry said Friday. Brian Hayes, who was

appointed Minister of State in the new coalition government ...

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İRLANDA, KURUMLAR VERGİSİ ORANINI ARTIRMAYACAK- MALİYE BAKAN

YARDIMCISI

Turk.net – 04/29/11 08:15 –

Words matched: Brian Hayes

İrlanda Maliye Bakan Yardımcısı Brian Hayes, İrlanda'nın AB ile daha iyi kurtarm

Foreks Haber Merkezi ( haber@foreks.com ) http://www.foreks.

...VERGİSİ ORANINI ARTIRMAYACAK- MALİYE BAKAN YARDIMCISI İrlanda

Maliye Bakan Yardımcısı Brian Hayes , İrlanda'nın AB ile daha iyi kurtarm Foreks...

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Unions can block improved economy

NewsChief.com – 04/29/11 06:30 –

Words matched: Craig Becker

The Boeing Company, an innovator of some moment in the rebuilding of a recession-

ravaged America, found a way to proceed efficiently on a project that would

meanwhile help South Carolina with 1,000 employees already hired and ※ oh, no!

There's a mugger! He's clobbering Boeing! Who is this villain?

...has a special friend pushing things its way. That would be Craig Becker, a former

lawyer for the Service Employees International Union who could...

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‘No company safe’ if NLRB bests Boeing biz groups say

Cincinnati Business Journal – 04/29/11 06:00 –

Words matched: Lafe Solomon

Business groups accused the National Labor Relations Board of pursuing a pro-

union agenda by issuing a complaint against the Boeing Co. for moving some of its

aircraft production to South Carolina a right-to-work state.

...a right-to-work state. NLRB Acting General Counsel Lafe Solomon accused

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Boeing of violating federal labor laws by moving a second production ...

Labor board’s Boeing lawsuit angers business organizations

Pittsburgh Business Times – 04/29/11 06:00 –

Words matched: Lafe Solomon

Business groups accused the National Labor Relations Board of pursuing a pro-

union agenda by issuing a complaint against the Boeing Co. for moving some of its

aircraft production to South Carolina a right-to-work state.

...a right-to-work state. NLRB Acting General Counsel Lafe Solomon accused

Boeing of violating federal labor laws by moving a second production ...

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Business lobby: ‘No company safe’ if NLRB wins vs. Boeing

Tampa Bay Business Journal – 04/29/11 06:00 –

Words matched: Lafe Solomon

Washington - Business groups accused the National Labor Relations Board of

pursuing a pro-union agenda by issuing a complaint against the Boeing Co. for

moving some of its aircraft production to South Carolina, a right-to-work state.

a right-to-work state. NLRB Acting General Counsel Lafe Solomon accused Boeing

of violating federal labor laws by moving a second production.. .

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NLRB vs. Boeing watched closely

Buffalo Business First – 04/29/11 06:00 –

Words matched: Lafe Solomon

Business groups accused the National Labor Relations Board of pursuing a pro-

union agenda by issuing a complaint against the Boeing Co. for moving some of its

aircraft production to South Carolina a right-to-work state.

...a right-to-work state. NLRB Acting General Counsel Lafe Solomon accused

Boeing of violating federal labor laws by moving a second production ...

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NLRA - Major Outlets

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Union tries to stop Boeing from moving production to rival US state

International Business Times – 04/29/11 15:06 –

Words matched: National Labor Relations Act

Earlier this week, International Association of Machinists and Aerospace Workers

(IAM) – a powerful union in the US – filed a charge with National Labor Relations

Board (NLRB) against Boeing Co.

...strikes and to chill future strike activity, which is protected under the National

Labor Relations Act, in the words of the NLRB counsel . Not...

NLRB - Major Outlets

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Union tries to stop Boeing from moving production to rival US state

International Business Times – 04/29/11 15:06 –

Words matched: National Labor Relations Board, NLRB

Earlier this week, International Association of Machinists and Aerospace Workers

(IAM) – a powerful union in the US – filed a charge with National Labor Relations

Board (NLRB) against Boeing Co.

...and Aerospace Workers (IAM) a powerful union in the US filed a charge with

National Labor Relations Board (NLRB ) against Boeing Co . (NYSE: BA).

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Boeing workers prepare to fight for work on next 737

Reuters Global Markets News – 04/29/11 14:59 –

Words matched: National Labor Relations Board, NLRB

* Boeing unions aim to bid for 737 work * Unions leaders, local pols say Boeing could

solicit bids * Boeing says does not know where next 737 would be built By Kyle

Peterson CHICAGO, April 29 (Reuters) - Boeing Co (BA.

...likely to disrupt assembly over disputes. Earlier this month, the National Labor

Relations Board accused Boeing of placing the second 787 line in...

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Thomson Reuters, Newspaper Guild Reach Tentative Deal

The New York Times – 04/29/11 14:30 –

Words matched: National Labor Relations Board

NEW YORK (Reuters) - Thomson Reuters Corp reached a tentative agreement for a

new contract with the New York Newspaper Guild on Friday, paving the way to end a

more than two-year-long battle over health benefits and wages.

...bargaining session that ended on Friday morning, hours before the National Labor

Relations Board was set to issue a complaint against Thomson...

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Thomson Reuters and Newspaper Guild End 26-Month Dispute

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The New York Times – 04/29/11 14:24 –

Words matched: National Labor Relations Board

Thomson Reuters, the media company, and the Newspaper Guild ended a 26-month

dispute on Thursday by reaching a tentative contract that calls for a 4.6 percent raise

over three years and that also settles a complaint over the reprimand of a reporter for

a Twitter posting.

...part-time employees. The deal also settles a complaint that the National Labor

Relations Board had said it would file against the company s news...

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Thomson Reuters, Newspaper Guild reach tentative deal

Reuters US News – 04/29/11 14:00 –

2 other sources (Reuters Global Markets News, Yahoo! News)

Words matched: National Labor Relations Board

NEW YORK (Reuters) - Thomson Reuters Corp (TRI.N) (TRI.TO) reached a

tentative agreement for a new contract with the New York Newspaper Guild on

Friday, paving the way to end a more than two-year-long battle over health benefits

and wages.

...bargaining session that ended on Friday morning, hours before the National Labor

Relations Board was set to issue a complaint against Thomson...

Translate

Attorneys general from 9 states urge NLRB to drop Boeing complaint

The Seattle Times – 04/29/11 12:40 –

Words matched: National Labor Relations Board, NLRB

The National Labor Relations Board should "withdraw immediately" a complaint

against Boeing Co. that alleges the company ...

Attorneys general from 9 states urge NLRB to drop Boeing complaint The National

Labor Relations Board should "withdraw immediately" a complaint...

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Obama's Silence on Boeing Is Unacceptable

The Wall Street Journal - World News – 04/29/11 11:48 –

Words matched: National Labor Relations Board, NLRB

The president's appointees have moved to block the company from building planes

in my state. He owes us an explanation.

...much for President Obama and his union-beholden appointees at the National

Labor Relations Board, who have asked the courts to intervene and...

Translate

SC attorney general wants Boeing complaint dropped

My San Antonio (AP) – 04/29/11 11:05 –

Words matched: National Labor Relations Board

COLUMBIA, S.C. (AP) — Several states have joined South Carolina's attorney

general in objecting to a federal labor complaint filed against Boeing Corp.

...Alan Wilson and eight other attorney generals said Thursday that the National

Labor Relations Board's complaint against Boeing hurts the states '

Translate

Attorneys General Battle NLRB Over Boeing Plant - FoxNews.com

Newsvine – 04/29/11 10:04 –

Words matched: National Labor Relations Board, NLRB

Attorneys General Battle NLRB Over Boeing Plant - FoxNews.com Nine state

attorneys general sounded off in a letter to the National Labor Relations ...

Translate

‘No company safe’ if NLRB bests Boeing biz groups say

Cincinnati Business Journal – 04/29/11 06:00 –

Words matched: National Labor Relations Board, NLRB

Business groups accused the National Labor Relations Board of pursuing a pro-

union agenda by issuing a complaint against the Boeing Co. for moving some of its

aircraft production to South Carolina a right-to-work state.

No company safe if NLRB bests Boeing biz groups say Business groups accused

the National Labor Relations Board of pursuing a pro-union agenda...

Translate

Labor board’s Boeing lawsuit angers business organizations

Pittsburgh Business Times – 04/29/11 06:00 –

Words matched: National Labor Relations Board, NLRB

Business groups accused the National Labor Relations Board of pursuing a pro-

union agenda by issuing a complaint against the Boeing Co. for moving some of its

aircraft production to South Carolina a right-to-work state.

...board s Boeing lawsuit angers business organizations Business groups accused

the National Labor Relations Board of pursuing a pro- union agenda by...

Translate

Business lobby: ‘No company safe’ if NLRB wins vs. Boeing

Tampa Bay Business Journal – 04/29/11 06:00 –

Words matched: National Labor Relations Board, NLRB

Washington - Business groups accused the National Labor Relations Board of

Translate

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4

NLRB-FOIA-00000887

pursuing a pro-union agenda by issuing a complaint against the Boeing Co. for

moving some of its aircraft production to South Carolina, a right-to-work state.

Business lobby: No company safe if NLRB wins vs. Boeing Washington - Business

Share

groups accused the National Labor Relations Board of pursuing a...

NLRB vs. Boeing watched closely

Buffalo Business First – 04/29/11 06:00 –

Words matched: National Labor Relations Board, NLRB

Business groups accused the National Labor Relations Board of pursuing a pro-

union agenda by issuing a complaint against the Boeing Co. for moving some of its

aircraft production to South Carolina a right-to-work state.

NLRB vs. Boeing watched closely Business groups accused the National Labor

Relations Board of pursuing a pro-union agenda by issuing a complaint...

Translate

NFL tells teams, players OK to work again

NewsObserver.com – 04/27/11 19:35 –

Words matched: National Labor Relations Board

MINNEAPOLIS -- Finally, the NFL is getting back to football. Five days after a federal

judge declared the lockout was illegal and nearly seven weeks after it began, the

NFL said players can talk with coaches, work out at team headquarters and look at

their playbooks.

...bad-faith negotiation charge against the players is pending with the National

Labor Relations Board; that federal law prevents the court from overseeing...

Translate

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Microsoft Outlook

From:

Sent:

To:

Subject:

Liebman, W ilma B.

Monday, May 02, 2011 12:08 PM

Solomon, Lafe E.

FW : Economist Article--Boeing "Goin' to Carolina in my mind"

From your bud

-----Original Message-----

From: Labor and Employment Relations Association [mailto:LERA-

L@LISTSERV.ILLINOIS.EDU] On Behalf Of Secunda, Paul

Sent: Monday, May 02, 2011 11:53 AM

To: LERA-L@LISTSERV.ILLINOIS.EDU

Subject: Re: Economist Article--Boeing "Goin' to Carolina in my mind"

LERA-L: Announcements, Developments, Queries, and Resources on all aspects

of Labor and Employment Relations. Please reply directly to sender.

Discussions are encouraged at LERA-DIALOG@listserv.illinois.edu.

Here is my op-ed in the Seattle Times today re: NLRB Boeing case:

http://tinyurl.com/3hssp4h

Best,

Paul

Paul M. Secunda

Associate Professor of Law

Marquette University Law School

paul.secunda@marquette.edu

Workplace Prof Blog: http://lawprofessors.typepad.com/laborprof_blog/

--------------------------------------------------

View my research on my SSRN Author page:

http://ssrn.com/author=403921

--------------------------------------------------

________________________________________

From: Labor and Employment Relations Association [LERA-

L@LISTSERV.ILLINOIS.EDU] on behalf of g.demarse@COX.NET

[g.demarse@COX.NET]

Sent: Friday, April 29, 2011 3:00 PM

To: LERA-L@LISTSERV.ILLINOIS.EDU

Subject: Re: Economist Article--Boeing "Goin' to Carolina in my mind"

1

NLRB-FOIA-00000895

LERA-L: Announcements, Developments, Queries, and Resources on all aspects

of Labor and Employment Relations. Please reply directly to sender.

Discussions are encouraged at LERA-DIALOG@listserv.illinois.edu.

Here is the best article (below) on "right to work states" and the lack of

U.S. uniform labor law I have ever seen by a business magazine. The

article captures the labor relations "state of the union" state of affairs

as well as any contemporary business article can.

The article is from the Economist (Apr 25). Unfortunately, it took a

publication based in the UK to put its finger on the pulse of the U.S.

labour (note the European spelling) law problem: lack of uniformity of its

labor laws in all states.

As I have said elsewhere a number of times, the only "cure" for this

problem (unless you are a states' righter) is a federal law that solves

the private sector and the public sector rights to unionize and bargain

collectively problem in one fell swoop--apply the right to organize and

bargain collectively to everybody.

Let's synthesize--federalize.

George DeMarse

U.S. Office of Personnel Management (Ret)

American politics

Democracy in AmericaBoeing's labour problems

Moving factories to flee unions

Apr 25th 2011, 14:16 by M.S.

..BOEING decided a few years ago to build its 787 Dreamliner in South

Carolina, the Wall Street Journal opines, because it was afraid its union

in Washington was too strong. South Carolina is a "right-to-work" state:

Title 41, Chapter 7 of the state code makes it illegal for companies and

unions to sign a contract in which anyone who works at the company has to

join the union. That makes it extremely difficult to organise effective

unions, and Boeing hoped it wouldn't have as many strikes at a plant in

South Carolina as it had experienced at its plants in Seattle in recent

years. The unions sued over the move, and the National Labor Relations

Board has now awarded them a preliminary order blocking the factory from

operating pending an investigation into whether the company's shift of

production to a union-hostile state in order to avoid union activity

constituted "anti-union animus".

To lay the groundwork here, it's important to understand what "right-to-

work" means. It doesn't mean "the government stays out of the labour

negotiations business". Right-to-work laws specifically ban employers and

unions from signing contracts stipulating that anyone who works at the

company has to join the union. That's a basic step that unions always try
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to negotiate for, since without it they find it very hard to establish

themselves as the negotiating partner with management.

Anyway, here's the sentence I found most amusing in the WSJ's editorial:

"Boeing management did what it judged to be best for its shareholders and

customers and looked elsewhere." Boeing's motivation for shifting

production to an anti-union state was not to benefit customers. If Boeing

felt it could raise prices for the airplanes it builds without losing

market share, it would do so in a second, regardless of whether that was

"best for its customers". Companies try to lower operating costs in order

to raise profits or cut prices and win market share, not out of a selfless

desire to benefit customers.

But the more important flaw here is that the reason why Boeing might have

judged its decision to move production to South Carolina "best for its

shareholders" was that it didn't think it violated labour law to flee your

union. If it did violate labour law, then Boeing made a bad decision and

delivered negative value to its shareholders. To put things another way,

if America had labour laws that were uniform from state to state like any

other normal economic power, rather than a race-to-the-bottom system where

states are pressured to weaken labour laws in order to entice employers,

then there would have been no reason for Boeing to move production. There

is simply no moral content to Boeing's decision to move production to

South Carolina. Boeing doesn't get brownie points for engaging in

regulatory arbitrage and stiffing its unions just because it judged that

move to be best for shareholders. Congratulating Boeing for trying to

deliver shareholder value is like congratulating it for building and

selling airplanes. That's simply what the company does. Boeing's decision

was a judgment about how to play, given its evaluation of the rules of the

game. The question of whether companies should be allowed to flee their

unions is a question about what the rules of the game ought to be, in

order to deliver value to the economy and to society.

So, should companies be barred from moving production to a right-to-work

state to flee their unions? Niklas Blanchard thinks not. He calls it

"protectionism".

While I don’t begrudge the right for unions to form and attempt to

bargain, I also don’t begrudge the right of management the say, “FU, we’re

going somewhere else”. In an ideal world, they would do this free of

government playing for either side. But in this case, we have the

government contemplating restricting capital flows between states! The

United States, as understood properly, is the largest free trade area in

the world. That has been a huge comparative advantage for the US

historically, and arguably the reason that we are at the top of the world

economic pyramid today. Restricting the flow of capital makes us poorer by

reducing productive employment, and increasing prices. It’s a very poor

precedent to set.

I think this is a confusing analogy. Mr Blanchard may be right that, given

that labour and other business laws differ from state to state, the United

States might best be understood as the world's largest free trade area,

rather than a single country. But does anyone think that the United States
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would be a dramatically less prosperous country if it had uniform labour

and business law throughout its territory? Have right-to-work laws in 22

states made such an immense contribution to American prosperity that

without them America would not be the world's largest and wealthiest

economy? Really? Seriously? Would American technological ingenuity have

been crippled if the whole country had to follow the labour laws that

obtain in Silicon Valley?

I don't think so. I think if there were no right-to-work states, American

GDP wouldn't be significantly different than it is today. And if America

did have uniform labour laws, then Boeing's decision as to whether to

produce in Puget Sound or South Carolina would have nothing whatsoever to

do with unions. If labour laws in South Carolina and Washington were

equivalent, the only thing the workers in Puget Sound would have to worry

about is whether their demands would lead the company to lose market share

or to move production overseas. The first might be a real worry; the

latter is a marginal issue for Boeing workers because the company is a

defence industry-supported national champion firm.

Now maybe unionised Boeing workers should be more worried about hurting

the company's market share as it competes with EADS and with regional-jet

builders like Embraer and Bombardier. It certainly sounds like the company

has a strike problem. But EADS's labour force is hardly non-unionised. If

Boeing is having more trouble with its unions than its competitors are,

it's possible that the fault lies with the company, rather than with the

unions. What's happening here is that anti-labour laws in certain states

allow companies to shift investment to those states in order to get around

their unions. And efforts by unions to block that manoeuvre can then be

condemned as "restrictions on capital flow". The issue isn't freedom of

capital. The issue is whether employers can use a threat to move

production to a union-hostile state as a negotiating tactic in collective

bargaining.

---- Stuart Basefsky <smb6@CORNELL.EDU> wrote:

> LERA-L: Announcements, Developments, Queries, and Resources on all

aspects of Labor and Employment Relations. Please reply directly to

sender. Discussions are encouraged at LERA-DIALOG@listserv.illinois.edu.

>

>

>

>

> IWS Documented News Service

> _______________________________
4

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> Institute for Workplace Studies----------------- Professor Samuel B.

Bacharach

> School of Industrial & Labor Relations-------- Director, Institute for

Workplace Studies

> Cornell University

> 16 East 34th Street, 4th floor---------------------- Stuart Basefsky

> New York, NY 10016 -------------------------------Director, IWS News

Bureau

> ________________________________________________________________________

>

> Online OECD Employment database

>

http://www.oecd.org/document/34/0,3343,en_2649_33927_40917154_1_1_1_1,00.h

tml

> or

>

www.oecd.org/employment/database<http://www.oecd.org/employment/database>

>

>

> Our online Employment database

offers a large range up-to-date

statistics for international comparisons and trends over time.

>

>

> ________________________________________________________________________

> This information is provided to subscribers, friends, faculty, students

and alumni of the School of Industrial & Labor Relations (ILR). It is a

service of the Institute for Workplace Studies (IWS) in New York City.

Stuart Basefsky is responsible for the selection of the contents which is

intended to keep researchers, companies, workers, and governments aware of

the latest information related to ILR disciplines as it becomes available

for the purposes of research, understanding and debate. The content does

not reflect the opinions or positions of Cornell University, the School of

Industrial & Labor Relations, or that of Mr. Basefsky and should not be

construed as such. The service is unique in that it provides the original

source documentation, via links, behind the news and research of the day.

Use of the information provided is unrestricted. However, it is requested

that users acknowledge that the information was found via the IWS

Documented News Service.

>

> ****************************************

> Stuart Basefsky

> Director, IWS News Bureau

> Institute for Workplace Studies

> Cornell/ILR School

> 16 E. 34th Street, 4th Floor

> New York, NY 10016

>

> Telephone: (607) 255-2703

> Fax: (607) 255-9641

> E-mail: smb6@cornell.edu<mailto:smb6@cornell.edu>

> ****************************************

>
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6

NLRB-FOIA-00000900

Microsoft Outlook

Liebman, W ilma B.

Tuesday, May 03, 2011 1:36 PM

Cleeland, Nancy; Solomon, Lafe E.

FW : Economist Article--Boeing "Goin' to Carolina in my mind"

From:

Sent:

To:

Subject:

-----Original Message-----

From: Labor and Employment Relations Association [mailto:LERA-L@LISTSERV.ILLINOIS.EDU] On

Behalf Of g.demarse@COX.NET

Sent: Tuesday, May 03, 2011 1:11 PM

To: LERA-L@LISTSERV.ILLINOIS.EDU

Subject: Re: Economist Article--Boeing "Goin' to Carolina in my mind"

LERA-L: Announcements, Developments, Queries, and Resources on all aspects of Labor and

Employment Relations. Please reply directly to sender. Discussions are encouraged at LERA-

DIALOG@listserv.illinois.edu.

Greetings all!

I am attaching a would-be editorial "states' rights" op-ed piece which the Washington Post

declined to publish.

I like it. It is "cutting," but so are scissors.

Don't get me wrong--I love the Post. I have read it every day for nearly the past eight

years. However, their Board is highly anti-organized labor, particularly public sector labor.

Their editorials have showed their colors clearly on many occasions, particularly to

Montgomery County (I don't know why they love to pick on Montgomery County, MD--but they do).

In this piece I take issue with Kathleen Parker's Post column of April 24, in which she

declares "war" on the NLRB who decided the recent Boeing case in favor of the union --and

declares that the decision "is tossing a Kobe tender loin" to the South Carolina

conservatives (which I guess she thinks is a good thing).

My piece points out that "right to work" states represent pretty much the "at will"

employment doctrine, and that citizens of this country have not declared at will and states

rights' employment systems as their preference. The decision of the NLRB represents a "big

picture" approach which is sorely needed , and my article says to the contrary that the

decision is "gluten free" blood pudding for the progressives.

My suspicions concerning the non-appearnce of any criticism to the article by Ms Parker were

confirmed when the the Post came out with another anti-public sector union editorial today

(May 3) in which it declares that the whole of collective bargaining and binding arbitration

are "heavily tilted in favor of the unions." It seems more important to control "out of

control labor costs" (to quote again) than it is to enforce labor contracts.

In summary, the Post Editorial Board believes that collective bargaining in the public sector

can no longer be sustained in the name of the taxpayer, it costs too much, and the right to

collectively

bargain by public sector employees should be abolished --at least for

Montgomery County (the "nuclear option" as the Post declares). Of course, the Post does not

suggest that the solution might be better management negotiators.
1

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This country as a nation must decide whether the right to "organize and collectively bargain"

is a "right" or it isn't. We cannot sustain a hodge podge of labor law that says at the

national government level, employees can organize and bargain collectively if what they

bargain is "not otherwise provided by law'--meaning most wages and benefits are not

bargained. This makes very little substantive bargaining in the federal sector possible--and

forces trivial matters to the forefront. But don't forget Congress finds public sector

collective bargaining "in the public interest" (while the states of Wisconsin and Ohio

"don't" find it in the public interest). One can't be in the public interest and the other

not be, it seems to me.

Likewise, other states are now choosing to make collective bargaining "optional" for public

sector employees, I guess depending on their deficits or who is in office. In the private

sector, the law is clear that employees can organize and bargain collectively, but it hasn't

meant much in the leveling of wages and benefits--but at least it remains a right.. Do we say

"Gee--it's too expensive to enforce civil rights/EEO laws and that we should go ahead and

abolish these laws--spend the money elsewhere." No-- we don't. It won't do.

Let's finally decide--"it's not always easy; it's not always kind--but you're gonna have to

make up your mind" ---to quote the Lovin' Spoonful.

Enjoy!

George DeMarse

U.S. Office of Personnel Management (Ret.)

Attached

Letters to the Editor:

This is in response to the article in the Editorial section by Kathleen Parker (South

Carolina, a union cannonade, April 24.) Ms. Parker discusses a National Labor Relations Board

(NLRB) case in which the board purportedly holds that Boeing cannot open a plant in “right to

work” state South Carolina because the move is “allegedly motivated by an attempt to avoid

strikes and thus intimidate Boeing workers elsewhere.” Ms. Parker more or less summarizes the

case as certainly wrong headed by the NLRB, and that corporations certainly have the right to

“move wherever they want” as part and parcel of any business decision.

She notes “the NLRB

just tossed a Kobe tenderloin to the GOP.”

Not so fast.

If global capitalism were delivering quality jobs with quality benefits to the

middle class as it was 50 years ago, and if Americans were gung ho on “at will” and “right to

work” employment systems-- where many workers are virtually “muted” concerning their working

conditions-- Ms. Parker would have a winning argument.

Alas, global capitalism is not delivering those jobs, and good chunks of taxpayer money are

being spent to lure the few good jobs that won’t employ many Americans anyway.

It is not at

all clear that Americans are fans of “at will” and “right to work” employment systems these

days just because most South Carolina politicians are.

Contrary to Ms. Parker’s assessment, this NLRB case is “gluten free” blood pudding to the

progressives.

George DeMarse

Alexandria, VA

April 25, 2011

---- "Secunda wrote:

> LERA-L: Announcements, Developments, Queries, and Resources on all aspects of Labor and

Employment Relations. Please reply directly to sender. Discussions are encouraged at LERA-

DIALOG@listserv.illinois.edu.
2

NLRB-FOIA-00000902

>

>

>

>

> Here is my op-ed in the Seattle Times today re: NLRB Boeing case:

http://tinyurl.com/3hssp4h

Best,

Paul

Paul M. Secunda

Associate Professor of Law

Marquette University Law School

paul.secunda@marquette.edu

Workplace Prof Blog: http://lawprofessors.typepad.com/laborprof_blog/

--------------------------------------------------

View my research on my SSRN Author page:

http://ssrn.com/author=403921

--------------------------------------------------

________________________________________

From: Labor and Employment Relations Association [LERA-L@LISTSERV.ILLINOIS.EDU] on behalf of

g.demarse@COX.NET [g.demarse@COX.NET]

Sent: Friday, April 29, 2011 3:00 PM

To: LERA-L@LISTSERV.ILLINOIS.EDU

Subject: Re: Economist Article--Boeing "Goin' to Carolina in my mind"

LERA-L: Announcements, Developments, Queries, and Resources on all aspects of Labor and

Employment Relations. Please reply directly to sender. Discussions are encouraged at LERA-

DIALOG@listserv.illinois.edu.

Here is the best article (below) on "right to work states" and the lack of U.S. uniform labor

law I have ever seen by a business magazine. The article captures the labor relations "state

of the union" state of affairs as well as any contemporary business article can.

The article is from the Economist (Apr 25). Unfortunately, it took a publication based in the

UK to put its finger on the pulse of the U.S.

labour (note the European spelling) law

problem: lack of uniformity of its labor laws in all states.

As I have said elsewhere a number of times, the only "cure" for this problem (unless you are

a states' righter) is a federal law that solves the private sector and the public sector

rights to unionize and bargain collectively problem in one fell swoop--apply the right to

organize and bargain collectively to everybody.

Let's synthesize--federalize.

George DeMarse

U.S. Office of Personnel Management (Ret)

American politics

Democracy in AmericaBoeing's labour problems Moving factories to flee unions Apr 25th 2011,

14:16 by M.S.
3

NLRB-FOIA-00000903

..BOEING decided a few years ago to build its 787 Dreamliner in South Carolina, the Wall

Street Journal opines, because it was afraid its union in Washington was too strong. South

Carolina is a "right-to-work" state: Title 41, Chapter 7 of the state code makes it illegal

for companies and unions to sign a contract in which anyone who works at the company has to

join the union. That makes it extremely difficult to organise effective unions, and Boeing

hoped it wouldn't have as many strikes at a plant in South Carolina as it had experienced at

its plants in Seattle in recent years. The unions sued over the move, and the National Labor

Relations Board has now awarded them a preliminary order blocking the factory from operating

pending an investigation into whether the company's shift of production to a union-hostile

state in order to avoid union activity constituted "anti-union animus".

To lay the groundwork here, it's important to understand what "right-to-work" means. It

doesn't mean "the government stays out of the labour negotiations business". Right-to-work

laws specifically ban employers and unions from signing contracts stipulating that anyone who

works at the company has to join the union. That's a basic step that unions always try to

negotiate for, since without it they find it very hard to establish themselves as the

negotiating partner with management.

Anyway, here's the sentence I found most amusing in the WSJ's editorial: "Boeing management

did what it judged to be best for its shareholders and customers and looked elsewhere."

Boeing's motivation for shifting production to an anti-union state was not to benefit

customers. If Boeing felt it could raise prices for the airplanes it builds without losing

market share, it would do so in a second, regardless of whether that was "best for its

customers". Companies try to lower operating costs in order to raise profits or cut prices

and win market share, not out of a selfless desire to benefit customers.

But the more important flaw here is that the reason why Boeing might have judged its decision

to move production to South Carolina "best for its shareholders" was that it didn't think it

violated labour law to flee your union. If it did violate labour law, then Boeing made a bad

decision and delivered negative value to its shareholders. To put things another way, if

America had labour laws that were uniform from state to state like any other normal economic

power, rather than a race-to-the-bottom system where states are pressured to weaken labour

laws in order to entice employers, then there would have been no reason for Boeing to move

production. There is simply no moral content to Boeing's decision to move production to South

Carolina. Boeing doesn't get brownie points for engaging in regulatory arbitrage and stiffing

its unions just because it judged that move to be best for shareholders. Congratulating

Boeing for trying to deliver shareholder value is like congratulating it for building and

selling airplanes. That's simply what the company does. Boeing's decision was a judgment

about how to play, given its evaluation of the rules of the game. The question of whether

companies should be allowed to flee their unions is a question about what the rules of the

game ought to be, in order to deliver value to the economy and to society.

So, should companies be barred from moving production to a right-to-work state to flee their

unions? Niklas Blanchard thinks not. He calls it "protectionism".

While I don’t begrudge the right for unions to form and attempt to bargain, I also don’t

begrudge the right of management the say, “FU, we’re going somewhere else”. In an ideal

world, they would do this free of government playing for either side. But in this case, we

have the government contemplating restricting capital flows between states! The United

States, as understood properly, is the largest free trade area in the world. That has been a

huge comparative advantage for the US historically, and arguably the reason that we are at

the top of the world economic pyramid today. Restricting the flow of capital makes us poorer

by reducing productive employment, and increasing prices. It’s a very poor precedent to set.

I think this is a confusing analogy. Mr Blanchard may be right that, given that labour and

other business laws differ from state to state, the United States might best be understood as

the world's largest free trade area, rather than a single country. But does anyone think that
4

NLRB-FOIA-00000904

the United States would be a dramatically less prosperous country if it had uniform labour

and business law throughout its territory? Have right-to-work laws in 22 states made such an

immense contribution to American prosperity that without them America would not be the

world's largest and wealthiest economy? Really? Seriously? Would American technological

ingenuity have been crippled if the whole country had to follow the labour laws that obtain

in Silicon Valley?

I don't think so. I think if there were no right-to-work states, American GDP wouldn't be

significantly different than it is today. And if America did have uniform labour laws, then

Boeing's decision as to whether to produce in Puget Sound or South Carolina would have

nothing whatsoever to do with unions. If labour laws in South Carolina and Washington were

equivalent, the only thing the workers in Puget Sound would have to worry about is whether

their demands would lead the company to lose market share or to move production overseas. The

first might be a real worry; the latter is a marginal issue for Boeing workers because the

company is a defence industry-supported national champion firm.

Now maybe unionised Boeing workers should be more worried about hurting the company's market

share as it competes with EADS and with regional-jet builders like Embraer and Bombardier. It

certainly sounds like the company has a strike problem. But EADS's labour force is hardly

non-unionised. If Boeing is having more trouble with its unions than its competitors are,

it's possible that the fault lies with the company, rather than with the unions. What's

happening here is that anti-labour laws in certain states allow companies to shift investment

to those states in order to get around their unions. And efforts by unions to block that

manoeuvre can then be condemned as "restrictions on capital flow". The issue isn't freedom of

capital. The issue is whether employers can use a threat to move production to a union-

hostile state as a negotiating tactic in collective bargaining.

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> http://www.oecd.org/document/34/0,3343,en_2649_33927_40917154_1_1_1_1,
5

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> 00.html

> or

> www.oecd.org/employment/database<http://www.oecd.org/employment/databa

> se>

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> Our online Employment database

offers a large range up-to-date statistics for

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Solomon, Lafe E.

May 3 -- BNA, Inc. Daily Labor Report

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Tuesday, May 3, 2011 · Number 85

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

Whistleblowers

Agencies

Ninth Circuit Rules SOX Does Not Protect

States

Boeing Auditors' Disclosures to Newspaper

Courts/Tribunals

Two information technology auditors for Boeing Co. who were

fired for providing internal company information and documents

to a newspaper reporter cannot proceed with whistleblower

claims under the Sarbanes-Oxley Act because the statute...

Federal Statutes

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

Age Discrimination

Employee RIF'd at Age 57 Has Triable Claim

Of Age Bias Under Missouri Law, Court Rules

NLRB Summaries

Wage Trend Indicator

Calendar of Events

A graphic artist terminated at age 57 during a reduction in force

by his packaging company employer raised a triable age

discrimination claim under Missouri state law even though he

has no federal Age Discrimination in Employment Act claim,...

Employment

BLS Calls Recession 'Unique' in Severity

Of Job Losses in Service-Providing Industries

Like other recessions since World War II, the recent downturn

was marked by heavy job losses in manufacturing and other

goods-producing industries, but the employment decline in

service-providing industries during 2007-2009 was

unprecedented...

Employment

Health Care Industry Served as ‘Crutch'

During Last Recession, BLS Review Finds

The health care industry stood out as one of the few areas in

the economy that continued to add jobs during the 18-month

recession from December 2007 until June 2009, according to an

analysis by the Labor Department's Bureau of Labor

Statistics....

1

NLRB-FOIA-00000908

Employment

Senate Republicans Release Proposal

Aimed at Job Creation, Economic Recovery

Senate Republicans released May 3 a "jobs plan" devised to

create private-sector growth and strengthen the economy by

focusing on budget, tax, regulatory, workforce, trade, energy,

and health care proposals....

ERISA

Administrator Only Required to Look at Plan

In Denying Benefit Claim, Sixth Circuit Rules

The plan administrator for a transportation union's income

protection program did not act arbitrarily and capriciously in

violation of the Employee Retirement Income Security Act when

it denied income replacement benefits to a plan...

Federal Employees

Agencies Challenged in Maintaining Morale

Despite Negative Public Attitudes, Chiefs Say

Federal agency leaders face a challenge in maintaining the

morale of their employees in the face of consistent negativity

about the role and achievements of federal workers, the heads

of five agencies said at a May 3 meeting....

First Amendment

Firefighter's E-Mail Protected Speech, Court Rules

A part-time fire department employee who drafted and sent an

e-mail from home, during nonwork hours, in support of a

political candidate who promised dramatic changes to the

department engaged in First Amendment protected speech, and

was...

Health Care

EBRI Reports Largest One-Year Drop

In Employer-Provided Health Care in 2009

Since 2000, the portion of people younger than age 65 who

have U.S. employer-provided health care coverage has

decreased, but 2009 marked the largest one-year drop,

according to a report published by the Employee Benefit

Research Institute...

Labor Law

GM Workers in Ohio Sue Company, UAW,

Seeking $3 Million for Misclassification

CINCINNATI—Twenty-eight employees of the General Motors

Lordstown, Ohio, assembly complex April 30 sued the

automaker and the United Auto Workers, seeking more than $3

million in compensation for alleged contract violations they...

Labor Law

Republican Senators Plan to Introduce

Bill to Protect State Right-to-Work Laws

Two Republican senators intend to introduce May 4 legislation

called the Right to Work Protection Act, which aims to

strengthen existing protections in the National Labor Relations
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Act of state right-to-work laws to ensure that state laws...

Manufacturing

USW Members Ratify Master Agreement

With International Paper for 6,000 Workers

United Steelworkers members have ratified by a 76 percent

majority a four-year master agreement with International Paper

Co. covering some 6,000 workers at 15 U.S. manufacturing

facilities, the union announced May 3....

NAFTA

EPI Study Says U.S. Trade Deficit

With Mexico Led to 682,900 U.S. Jobs Lost

The U.S. trade deficit with Mexico has led to the loss or

displacement of 682,900 U.S. jobs from 1994, when the North

American Free Trade Agreement went into effect, through 2010,

according to an Economic Policy Institute (EPI) briefing paper...

NLRB

GOP Senators Blast NLRB Boeing Complaint,

Call for Acting General Counsel's Explanation

Ten Republican senators told National Labor Relations Board

Acting General Counsel Lafe E. Solomon May 3 that they

"strongly disagree" with his decision to issue an unfair labor

practice complaint alleging that Boeing Co. illegally...

Privacy Rights

Criminal Background Checking Presents

Employers With Competing Legal Interests

"Ask 10 people what they think about criminal background

checks and you will get 10 very different answers," a

management lawyer told BNA in a recent interview. ...

Representation Elections

NLRB Rejects Union Suggestion for Change

Of Policy Favoring Vote on Employer Premises

The National Labor Relations Board April 29 rejected

suggestions from the Service Employees International Union

and an SEIU local that the board revisit its long-standing

presumption that representation elections should be

conducted...

Safety & Health

Amputation Lands Firm in Severe Violator Program

Compco Industries, a Columbiana, Ohio-based metal stamping

company, faces penalties of $158,900 in connection with an

August 2009 incident in which a worker's finger was amputated,

the Labor Department's Occupational Safety...

Safety & Health

MSHA Cites Violations at Massey's Randolph Mine

The Labor Department's Mine Safety and Health Administration

issued 20 withdrawal orders and five citations to the Randolph

Mine in Boone County, W.Va., owned by Massey Energy and

operated by Inman Energy, during an April 29 inspection,...

3

NLRB-FOIA-00000910

Safety & Health

Workers Over 55 Most Prone to Fall Injuries,

Suffer Fewer Overexertion, Contact Mishaps

When workers age 55 and older are injured on the job,

recovery, especially from falls, usually takes longer, but those

workers are less likely than younger workers to injure

themselves by overexertion or being struck by machinery,

according...

Service Contract Act

DOL Recovers $2.9 Million in Back Pay

For 500 Stanley Associates Contract Workers

The Labor Department has recovered nearly $2.9 million in back

wages for more than 500 clerical employees of Stanley

Associates Inc. and several subcontractors at various locations

in St. Albans and Essex Junction, Vt., DOL announced May...

Trucking

Teamsters Support Bill to Limit Truck Weight

As Part of Overall Safety Efforts, Hoffa Says

The International Brotherhood of Teamsters "strongly supports"

a recently introduced piece of legislation that would prevent the

maximum allowable weight limit of trucks on U.S. highways

from being raised, saying the bill would...

ALSO IN THE COURTS

Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

SPECIAL REPORT

Representation Elections

Number of NLRB Elections Held in 2010

Increased Substantially From Previous Year

The number of resolved representation elections conducted by

the National Labor Relations Board in 2010 increased

substantially from the previous year, according to NLRB data

analyzed by BNA PLUS, BNA's research division....

HILL WATCH

Listing

ECONOMIC NEWS

Employment

Employment Rose in Third Quarter of 2010,

As Business Job Creation Exceeded Cuts

Job creation at nonfarm businesses exceeded job losses in the

third quarter of 2010 for the second consecutive quarter, but
4

NLRB-FOIA-00000911

the net employment gain was smaller than that of the prior

three months, the Labor Department's Bureau of Labor...

LEGISLATION

Legislation

Many Pro-Employee Bills Expected

To Stall in Face of Republican Opposition

Various pieces of legislation aimed at strengthening employee

rights are not expected to advance in Congress this year as

Republican lawmakers maintain firm control over the House and

Democratic lawmakers cling to the majority in the Senate,...

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5

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Microsoft Outlook

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W ednesday, May 04, 2011 8:13 AM

Solomon, Lafe E.

21 articles from Meltwater News

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Haslam eases budget cuts to health care

WBIR.com – 05/04/11 06:50 –

1 other source (The Tennessean)

Words matched: Craig Becker

By Chas Sisk, The Tennessean Infants, senior citizens and people with mental

illnesses will benefit from a plan to soften state budget cuts, health-care advocates

said.

...glad the state has agreed to cover these other ones,"said Craig Becker, president

of the Tennessee Hospital Association. More tax revenue The...

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Super Zeb downsizes Europe

Irish Examiner.com – 05/03/11 20:25 –

Words matched: Brian Hayes

A DIFFERENT day, a different course and a different result.

...for three days for using his whip with excessive force and frequency . Brian

Hayes, who partnered Tubs And Jugs in this race, was suspended for...

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EDITORIAL: Big Labor’s attack on democracy

The Washington Times – 05/03/11 19:43 –

Words matched: Lafe Solomon

Administration launches strike on Boeing and right-to-work states

...explained. What we ve done in South Carolina is add new production capacity.

Lafe Solomon, Mr. Obama s pick for the general counsel job at NLRB ,

Translate

Big Labor’s attack on democracy

The Washington Times – 05/03/11 19:43 –

Words matched: Lafe Solomon

Administration launches strike on Boeing and right-to-work states

...explained. What we ve done in South Carolina is add new production capacity.

Lafe Solomon, Mr. Obama s pick for the general counsel job at NLRB ,

Translate

The Obligation To Be Struck

EzineArticles – 05/02/11 02:43 –

Words matched: Craig Becker

Job creation is still a top national priority, according to the Obama administration.

Apparently someone forgot to tell the folks at the National Labor Relations Board.

...company luck; it will need it. Since President Obama's appointment of Craig

Becker last year gave pro-union members a majority on the board, the...

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ENZI QUESTIONS LABOR COMPLAINT AGAINST BOEING

LexisNexis – 05/03/11 18:16 –

Words matched: National Labor Relations Act

MIKE ENZI, SENATOR, SENATE For Immediate Release Enzi questions labor

complaint against Boeing May 3, 2011 Washington, D.C. - Today, Health, Education,

Labor and Pensions Republican members expressed strong concern with a recent

decision by the National Labor Relations Board (NLRB) to file a com

...senators outlining those concerns. "We have a duty to ensure that the National

Labor Relations Act is being enforced in a fair manner ," wrote the...

NLRB - Major Outlets

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The law: the Obama administration's evolving approach to the

signingstatement.

LexisNexis – 05/04/11 06:12 –

Words matched: National Labor Relations Board, NLRB

Garvey, Todd The presidential signing statement became a household term during

the latter half of George W. Bush's presidency. In fact, for many, President Bush's

use of the interpretive device embodies the robust view of executive power that has

become the legacy of that administration.

(16) This binding nature was reflected in the position of the National Labor

Relations Board (NLRB ) before the Supreme Court in New Process Steel...

Translate

Sodexo Could Face Trial Over Alleged Violations of U.S. Labor Law as NLRB

Takes Up Charges Against the Company

Business Journals – 05/03/11 21:25 –

1 other source (PR Newswire)

Words matched: National Labor Relations Board, NLRB

WASHINGTON May 3 2011 /PRNewswire-USNewswire/ -- The following is being

released by the Service Employees International Union: The National Labor

Relations Board has determined there is enough evidence to pursue charges against

Sodexo for allegedly violating U.

...Face Trial Over Alleged Violations of U.S. Labor Law as NLRB Takes Up Charges

Against the Company WASHINGTON May 3 2011 /PRNewswire-USNewswire /

Translate

Cohen & Grigsby to Offer Insight on 'Social Media at Work' During Upcoming

Seminar for Employers of All Kinds

Pittsburgh Business Times – 05/03/11 20:55 –

4 other sources (Business Journals, PR Newswire, ...)

Words matched: National Labor Relations Board

- May 19 Event to Provide CLE Credits and Credits Toward PHR SPHR and GPHR

Recertification Through the HR Certification Institute -

...supervisor on Facebook. It set a ground-breaking precedent when the National

Labor Relations Board intervened to defend the worker 's comments" said...

Translate

EDITORIAL: Big Labor’s attack on democracy

The Washington Times – 05/03/11 19:43 –

Words matched: National Labor Relations Board, NLRB

Administration launches strike on Boeing and right-to-work states

...right-to-work states President Obama s hand-picked appointees at the National

Labor Relations Board (NRLB) are delivering favors to the administration...

Translate

Big Labor’s attack on democracy

The Washington Times – 05/03/11 19:43 –

Words matched: National Labor Relations Board, NLRB

Administration launches strike on Boeing and right-to-work states

...right-to-work states President Obama s hand-picked appointees at the National

Labor Relations Board (NRLB) are delivering favors to the administration...

Translate

EDITORIAL: Big Labor�s attack on democracy (NLRB union thugs)

Translate

Free Republic – 05/03/11 18:59 –

Words matched: National Labor Relations Board, NLRB

Administration launches strike on Boeing and right-to-work states President Obama’s

hand-picked appointees at the National Labor Relations Board (NRLB) are delivering

favors to the administration’s Big Labor backers.

EDITORIAL: Big Labor s attack on democracy (NLRB union thugs) Administration

launches strike on Boeing and right-to-work states President Obama...

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NLRB-FOIA-00000914

ENZI QUESTIONS LABOR COMPLAINT AGAINST BOEING

LexisNexis – 05/03/11 18:16 –

Words matched: National Labor Relations Board, NLRB

MIKE ENZI, SENATOR, SENATE For Immediate Release Enzi questions labor

complaint against Boeing May 3, 2011 Washington, D.C. - Today, Health, Education,

Labor and Pensions Republican members expressed strong concern with a recent

decision by the National Labor Relations Board (NLRB) to file a com

...Republican members expressed strong concern with a recent decision by the

National Labor Relations Board (NLRB ) to file a complaint against Boeing...

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With National Right To Work Bill Senate Republicans Pick Fight With Labor

Board

Newsvine – 05/03/11 17:49 –

Words matched: National Labor Relations Board, NLRB

Senate Republicans introduced legislation Tuesday aimed at strengthening "right-to-

work" laws in the wake of a complaint filed by the National Labor Relations Board

against Boeing.

...strengthening "right-to-work" laws in the wake of a complaint filed by the National

Labor Relations Board against Boeing. Sen. Lindsey Graham (R-S.C .)

Translate

Calif. Governor Brown Announces Appointments for May 2, 2011

LexisNexis – 05/03/11 00:23 –

Words matched: National Labor Relations Board

California Newswire SACRAMENTO, Calif. /California Newswire/ - Governor

Edmund G. Brown, Jr. on Monday, May 2, announced the following appointments:

Ashutosh Bhagwat, 46, of Moraga, has been appointed to the governing board of the

California Independent System Operator.

...Board from 1975 to 1976. She was an intern at the National Labor Relations

Board from 1973 to 1976. This position requires Senate confirmation...

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Would You Like Dues With That? A Look At Labor's Strategy To Organize the

Fast-Food Sector

EzineArticles – 05/02/11 23:56 –

Words matched: National Labor Relations Board

In October 2010, a union election was held at several Jimmy John's restaurants in

the Minneapolis, Minnesota area. Jimmy John's serves sandwiches and generally

competes with Subway, Quiznos, and others.

...initially won the election- by a razor thin margin- but the National Labor Relations

Board has since nullified the results. Whatever the outcome of...

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The Obligation To Be Struck

EzineArticles – 05/02/11 02:43 –

Words matched: National Labor Relations Board, NLRB

Job creation is still a top national priority, according to the Obama administration.

Apparently someone forgot to tell the folks at the National Labor Relations Board.

...administration. Apparently someone forgot to tell the folks at the National Labor

Relations Board. The NLRB recently filed a complaint asking...

Translate

Five of Dow’s Top 10 Stocks Likely to Keep Rising: John Dorfman

Bloomberg – 05/01/11 23:00 –

Words matched: National Labor Relations Board

With political unrest seething in the Middle East and oil prices climbing, Exxon Mobil

Corp. (XOM) and Chevron Corp. (CVX) have been two of the strongest stocks in the

Dow Jones Industrial Average this year.

...Southwest Airlines Co. 737 jet last month. And the National Labor Relations

Board criticized the company for possible illegal retaliation against...

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EDITORIAL: Big Labor’s attack on democracy

The Washington Times – 05/03/11 19:43 –

Words matched: unfair labor practices

Administration launches strike on Boeing and right-to-work states

...movement s thuggish tactics. On April 20, NRLB staff issued an unfair labor

practices complaint against Boeing Co. for deciding to open a production...

Translate

Big Labor’s attack on democracy

The Washington Times – 05/03/11 19:43 –

Words matched: unfair labor practices

Administration launches strike on Boeing and right-to-work states

...movement s thuggish tactics. On April 20, NRLB staff issued an unfair labor

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practices complaint against Boeing Co. for deciding to open a production...

EDITORIAL: Big Labor�s attack on democracy (NLRB union thugs)

Translate

Free Republic – 05/03/11 18:59 –

Words matched: unfair labor practices

Administration launches strike on Boeing and right-to-work states President Obama’s

hand-picked appointees at the National Labor Relations Board (NRLB) are delivering

favors to the administration’s Big Labor backers.

...movement s thuggish tactics. On April 20, NRLB staff issued an unfair labor

practices complaint against Boeing Co. for deciding to open a production...

Archive

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NLRB-FOIA-00000921

NLRB-FOIA-00000922

Microsoft Outlook

From:

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To:

Subject:

Kearney, Barry J.

W ednesday, May 04, 2011 9:30 AM

Solomon, Lafe E.

RE:

Exemption 5, 7(A)

From: Solomon, Lafe E.

Sent: Wednesday, May 04, 2011 8:38 AM

To: Kearney, Barry J.

Subject: Re:

Let's talk.

Exemption 5, 7(A)

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Kearney, Barry J.

To: Solomon, Lafe E.

Sent: Wed May 04 08:08:39 2011

Subject: RE:

Exemption 5, 7(A)

From: Solomon, Lafe E.

Sent: Tuesday, May 03, 2011 11:59 AM

To: Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Mattina, Celeste J.; Abruzzo, Jennifer; Ahearn,

Richard L.; Garza, Jose

Subject: Fwd:

Sent from my mobile

Begin forwarded message:

From: "Luttig, Michael" <michael.luttig@boeing.com>

To: "Solomon, Lafe E." <Lafe.Solomon@nlrb.gov>

1

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Microsoft Outlook

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Solomon, Lafe E.

16 articles from Meltwater News

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Berkeley Street Tops Chris Hedges With Ho-hum and Grave Respect for the

Dishonored Dead (News Analysis)

BerkeleyDaily.org – 05/04/11 15:43 –

Words matched: Craig Becker

Berkeley's Telegraph Avenue responded Monday to U.S. killing of Bin Laden with a

big ho-hum and grave respect for the dishonored dead. Mon. evening, Chris Hedges,

a leading critic of U.

...so long, given he was living in the suburbs of Islamabad"? 9:30a: Craig Becker,

59.and owner of the Med--"Good riddance," sounding the first...

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In letter, Boeing objects to NLRB's complaint

GreenvilleOnline.com (AP) – 05/04/11 14:39 –

Words matched: Lafe Solomon

In a May 3 letter to the NLRB, J. Michael Luttig, who also is Boeing’s executive vice

president, said he expected “prompt withdrawal” of the agency’s complaint against

the Chicago-based company.

...Chicago-based company. Luttig told NLRB Acting General Counsel Lafe Solomon

the agency had engaged in a pattern of misquotations and mischaracterizations ...

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Labor law experts sound off on cases in the headlines, national trends

Crain's Detroit Business – 05/04/11 13:18 –

Words matched: Lafe Solomon

The discrimination that still pervades American workplaces and the conflict between

government agencies, attorneys and other stakeholders show the country has a way

to go in labor relations, experts on all sides of the issues said at a Tuesday legal

event in Novi.

...new 787 Dreamliner at a nonunionized plant in South Carolina. Panelist Lafe

Solomon, acting general counsel at the NLRB, said Boeing violated ...

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Bit Lit

American Scientist – 05/04/11 11:26 –

Words matched: Brian Hayes

With digitized text from five million books, one is never at a loss for words

reductionist assaults on literature but they are also methods of extracting meaning

from text, just as reading is. And they scale better. Brian Hayes

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NLRB’s Complaint Against Boeing Inspires Senators’ Legislation

Manufacturing.net – 05/04/11 11:03 –

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Words matched: Lafe Solomon

NLRB’s Complaint Against Boeing Inspires Senators’ Legislation Sen.

Lamar Alexander (R-TN) announced on the floor of the Senate Tuesday that he and

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the two Senators from South Carolina, Lindsey Graham and Jim DeMint, would be

introducing legislation today inspired by the National Labor Relation

...machinists union, and the lawsuit filed by the NLRB s acting general counsel, Lafe

Solomon. (Embedded video). Excerpt: All I can say is this...

FUNDS FOR EAST GALWAY FLOOD WORKS

Galway News – 05/04/11 10:10 –

Words matched: Brian Hayes

More funding has been allocated for minor flood works in East Galway. Minister of

State for the Office of Public Works, Brian Hayes, has sanctioned 100 thousand euro

to Galway County Council.

...East Galway. Minister of State for the Office of Public Works, Brian Hayes , has

sanctioned 100 thousand euro to Galway County Council. The money...

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Boeing vs. Union-Controlled NLRB Heats Up

RedState – 05/04/11 10:00 –

Words matched: Lafe Solomon

Boeing & Senators Launch Counter-Offensive Against Government Overreach

...General Counsel, J. Michael Luttig, sent the NLRB s Acting General Counsel Lafe

Solomon a strongly worded letter, stating (in part): A number of...

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What's On Guide: May 5 to May 11

The White Haven News – 05/04/11 09:48 –

Words matched: Mark Pearce

Your guide to exhibitions, movies, music, theatre, arts and community events for the

week ahead...

...for the week ahead... Exhibitions Egremont: Paintings and Prints, Mark Pearce

and Jane Rousseau, Lowes Court Gallery, until June 14. Whitehaven :

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Boeing vs. Union-Controlled NLRB Heats Up

RedState – 05/04/11 10:00 –

Words matched: National Labor Relations Act

Boeing & Senators Launch Counter-Offensive Against Government Overreach

...predetermined outcome, even a theory that has nothing to do with the National

Labor Relations Act. A full copy of the letter is below . Separately...

NLRB - Major Outlets

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Boeing slams labor board over complaint

The Miami Herald – 05/04/11 14:15 –

15 other sources (Boston.com, Star-Telegram, ...)

Words matched: National Labor Relations Board, NLRB

Associated Press WASHINGTON -- Boeing Co. says federal labor regulators unfairly

twisted or misquoted statements by company executives to make a case that the

company illegally retaliated against union workers.

...illegally retaliated against union workers. The company is urging the National

Labor Relations Board to withdraw a complaint that accuses Boeing of...

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AG Strange speaks out against Boeing complaint

Business Journals – 05/04/11 14:07 –

Words matched: National Labor Relations Board, NLRB

Alabama Attorney General Luther Strange said he recently expressed strong

concern to the National Labor Relations Board about a complaint if filed against

Boeing Co.

...General Luther Strange said he recently expressed strong concern to the National

Labor Relations Board about a complaint if filed against Boeing Co .

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Boeing vs. Union-Controlled NLRB Heats Up

RedState – 05/04/11 10:00 –

Words matched: NLRB

Boeing & Senators Launch Counter-Offensive Against Government Overreach

Boeing vs. Union-Controlled NLRB Heats Up Boeing & Senators Launch Counter -

Offensive Against Government Overreach Following the union-controlled ...

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Republicans Call NLRB 'Thugs' From 'A Third-World Country' For Standing Up

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For Workers

Newsvine – 05/04/11 08:45 –

Words matched: National Labor Relations Board, NLRB

Late last month, the National Labor Relations Board announced that it was filing a

complaint against Boeing, alleging that the airline manufacturer decided to move a

planned production line from Washington state to South Carolina as retribution

against workers in Washington striking.

Republicans Call NLRB 'Thugs' From 'A Third-World Country' For Standing Up For

Workers Late last month, the National Labor Relations Board announced...

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Labor's attack on Boeing sends a chilling message

The News Tribune – 05/04/11 03:05 –

Words matched: National Labor Relations Board, NLRB

The National Labor Relations Board’s recent challenge to Boeing over the second

787 production line is malign nonsense. Laughably meritless on its face, it

nonetheless poses a serious threat to both economic recovery and economic

freedom. Such things must always be confronted and overcome.

Labor's attack on Boeing sends a chilling message The National Labor Relations

Board s recent challenge to Boeing over the second 787 production...

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Boeing points out errors in NLRB complaint

Seattle Business Journal – 05/03/11 19:34 –

Words matched: National Labor Relations Board, NLRB

Boeing Co. said that a National Labor Relations Board complaint about the company

regarding its decision to open a second 787 production line in South Carolina

contains misquotes and errors.

Boeing points out errors in NLRB complaint Boeing Co. said that a National Labor

Relations Board complaint about the company regarding its decision...

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Unfair Labor Practices

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Labor's attack on Boeing sends a chilling message

The News Tribune – 05/04/11 03:05 –

Words matched: unfair labor practices

The National Labor Relations Board’s recent challenge to Boeing over the second

787 production line is malign nonsense. Laughably meritless on its face, it

nonetheless poses a serious threat to both economic recovery and economic

freedom. Such things must always be confronted and overcome.

...filed by the NLRB s acting general counsel says Boeing engaged in unfair labor

practices as it considered its expansion plans. So, 17 months...

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NLRB-FOIA-00000932

Microsoft Outlook

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Jude Bryan [bryan@workerlaw.com]

W ednesday, May 04, 2011 5:54 PM

Solomon, Lafe E.; Ahearn, Richard L.; nancy.cleeland@nlrb.org

David Campbell; Carson Glickman-Flora

IAM press release re NLRB case against Boeing

2011_05_04 Press Release.pdf

nd

Please replace the press release I sent a few minutes ago with the one attached. The 2
page was

inadvertently missing from the first.

Thank you.

Jude Bryan, Paralegal | Schwerin Campbell Barnard Iglitzin & Lavitt LLP | 18 West Mercer Street, Ste. 400, Seattle, WA 98119-3971; Phone:

206.285.2828 ext. 6014; Direct phone: 206-257-6014; Fax: 206-378-4132 | www.workerlaw.com

This communication is intended for a specific recipient and may be protected by the attorney client and work-product privilege.

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BNA Highlights [bhighlig@bna.com]

W ednesday, May 04, 2011 10:35 PM

Solomon, Lafe E.

May 4 -- BNA, Inc. Daily Labor Report

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E-mail not displaying correctly? View publication in your browser: http://news.bna.com/dlln

Wednesday, May 4, 2011 · Number 86

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

OFCCP

Agencies

Research Group Says OFCCP Settlements

States

In 2009, 2010 Include More Pay Bias Cases

Courts/Tribunals

The vast majority of settlements reached by the Labor

Department's Office of Federal Contract Compliance Programs

with federal contractors in fiscal years 2009 and 2010 involved

alleged race or sex discrimination in hiring for entry-level...

Federal Statutes

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

Appropriations

NLRB Summaries

Solis Touts FY 2012 Budget Request

As GOP Senator Cites Job Training for Cuts

Wage Trend Indicator

Calendar of Events

The administration's fiscal year 2012 budget request for the

Labor Department would provide targeted investments to help

place workers in jobs, prepare workers with job skills, and

ensure an equitable labor market for employers and...

Arbitration

Court Decides Back Pay Award to Fired Pilot

Does Not Violate Public Policy Within LMRDA

The U.S. Court of Appeals for the Eighth Circuit held May 3 that

an arbitration board's back pay award to a discharged pilot—an

active Air Line Pilots Association representative—does not

violate the public policy against...

Autos

Industry Should Aid Workforce ‘Greening,'

Not Just Focus on Cost Savings, Study Says

DEARBORN, Mich.—Automakers and their suppliers would do

well to take "a 'high-road’ production approach" to planning for

the future, including a shift to green products and production

techniques, working with...

Economic Activity

1

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Expansion in Services Sector Weakened

In April, as Growth in Orders, Jobs Slowed

Overall economic activity in service-providing industries

expanded in April but at a slower pace than in the prior month,

the Institute for Supply Management said May 4....

Health Care Employees

Eastern Maine Medical Center Nurses Accept

One-Year Contract With MSNA in Close Vote

BOSTON—Members of the Maine State Nurses Association May

3 narrowly approved a one-year contract at Eastern Maine

Medical Center in Bangor that averted a second one-day strike

at the hospital....

Health Care Employees

Washington Hospital Center, NNU Reach

Tentative Agreement for 1,700 RNs in D.C.

Nearly a year after a collective bargaining contract expired, the

Washington Hospital Center in Washington, D.C., and National

Nurses United reached agreement late May 3 on a new contract

for nearly 1,700 registered nurses, both sides announced...

Health Care

Treasury, IRS Request Comments on Shared

Responsibility Provisions of Health Care Law

The Treasury Department and the Internal Revenue Service in

Notice 2011-36 released May 3 requested public comment on

issues relating to the shared responsibility provisions included in

the Patient Protection and Affordable Care Act that...

Labor Law

New Hampshire House OKs Right-to-Work Bill

BOSTON–The New Hampshire House May 4 accepted the

Senate-passed version of a right-to-work bill (H.B. 474) and

sent the measure to Gov. John Lynch (D), who has threatened

to veto it....

Manufacturing

Democrats Continuing Legislative Push

To Bolster Manufacturing Jobs, Hoyer Says

Democratic lawmakers plan to continue pursuing legislation that

supports job creation by encouraging businesses to "make

products that innovate in the United States," House Minority

Whip Steny Hoyer (D-Md.) told reporters May...

Minimum Wage

Florida Court Orders Minimum Wage Hike;

Says State Constitution Bars Deflation Cut

TAMPA, Fla.—A Florida circuit court judge in Tallahassee May 3

ordered state officials to recalculate the minimum wage to

$7.31 per hour for 2011, saying the state was wrong to reduce

the rate because of deflation (Cadet v. Agency for...

Pensions

Seventh Circuit Denies Motorola Plan's Bid

To Take Portion of Securities Fraud Payout
2

NLRB-FOIA-00000937

Motorola Inc.'s defined contribution pension plan cannot take a

piece of a $190 million securities fraud class action settlement,

the U.S. Court of Appeals for the Seventh Circuit ruled May 4

(In re Motorola Sec. Litig., 7th Cir., No. 09-1750,...

Privacy Rights

Improper Disclosure of FCRA Form

To Employer Not Actionable Under Act

Neither a prospective employer nor a consumer reporting

agency that negligently provided a background check report to

a current employer that then fired its job-hunting executive are

liable for invasion of privacy or violation of the federal...

Regulations

Snowe's Regulatory Review Plan Stalls

As Senate Shelves Small Business Bill

Senate Democrats May 4 skirted what might have been "tough

votes" on a Republican amendment to a small business bill

calling for periodic reviews of federal regulations....

Safety & Health

Commission Rules Informer Privilege Applies

To Cell Phone Records of Compliance Officer

The government informer's privilege shields the identity of

anyone who supplied information to an Occupational Safety and

Health Administration compliance officer relevant to an

investigation of a worksite incident, not just those...

Safety & Health

MSHA Should Stress Compliance Assistance

Over Inspections, Mining Officials Tell Panel

Mining industry representatives testified before a House panel

May 4 that the Labor Department's Mine Safety and Health

Administration should focus its limited resources on training and

assisting the mining industry to comply with...

Safety & Health

Multiple Repeat Violations at Machine Plant

In Mississippi Net $487,000 Proposed Fine

ATLANTA—A Cleveland, Ohio-based manufacturer of machinery

was cited for numerous alleged safety and health violations at

its manufacturing plant in Batesville, Miss., and faces proposed

fines of $487,700, the Labor Department's...

Safety & Health

OSHA Inspectors Get New Field Manual;

Severe Violator, Maritime Sections Added

The newly updated Field Operations Manual used by inspectors

with the Labor Department's Occupational Safety and Health

Administration incorporates changes related to the maritime

industry and provides information on the agency's...

State Laws

New Law Provides Admissibility

Of Hearsay in Unemployment Hearings

RALEIGH, N.C.—Hearsay and uncorroborated evidence may be
3

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included in records submitted by businesses in Tennessee

unemployment compensation hearings under a bill (H.B. 884)

signed into law by Gov. Bill Haslam (R) April 29....

Technology

Many Workers Use Social Networking Sites

In Job Hunt, Edit Own Content, Survey Finds

Although just 1 percent of U.S. workers found their latest jobs

through social media websites, 22 percent are using such sites

in their job hunt, according to survey results released May 4 by

Kelly Services....

Trade

Administration Ready to Start Talks

With Congress on U.S.-Colombia FTA

After years of delay, U.S. Trade Representative Ron Kirk May 4

said the Obama administration was ready to begin technical

discussions with Congress on the U.S.-Colombia free trade

agreement on May 5 after Colombia took some key steps to

address...

Unfair Labor Practices

Boeing Complains of Misstatements by NLRB,

Denies ‘Transferring' Work to South Carolina

Boeing Co.'s top lawyer, Executive Vice President and General

Counsel J. Michael Luttig, charged in a May 3 letter that

National Labor Relations Board Acting General Counsel Lafe E.

Solomon and agency officials have mischaracterized...

Workforce Reductions

36,490 Job Cuts Announced in April,

Lowest Total Since August, Challenger Says

Layoffs and other workforce reductions announced by

employers declined in April to the lowest monthly total since last

August, to 36,490, down 12 percent from the 41,528 job cuts

the prior month, Challenger, Gray & Christmas said May 4....

REGULATIONS

Regulations

Pension, Workplace Safety Comments

Dominate DOL's Feedback Website

Pension and workplace safety issues dominated the comments

submitted to a website recently set up by the Labor Department

to capture the public's thoughts on its regulations and

processes....

ECONOMIC NEWS

Collective Bargaining

BNA Review of Latest Bargaining Data Shows

Average First-Year Wage Hike of 1.5 Percent

An analysis of collective bargaining data compiled by BNA

through May 2, 2011, for all settlements showed that the
4

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average first-year wage increase was 1.5 percent, compared

with 1.6 percent in the comparable period of 2010. The median

first-year...

Major Settlements Reported to Date in 2011

TEXT

NLRB's Weekly Summary of Cases, Dated April 25-29,

2011

This e-mail is part of your subscription to Daily Labor Report® (ISSN 1522-

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5

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Microsoft Outlook

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Martin, Andrew

Monday, May 09, 2011 9:20 AM

Abruzzo, Jennifer; Ahearn, Richard L.; Ananthanayagam, Shanti; Arlook, Martin M.;

Baniszewski, Joseph; Barker, Joseph; Becker, Craig; Blyer, Alvin P.; Bonett Jr., Edward J.;

Boren, Dennis R.; Burton, Spence; Carlton, Peter J.; Chester, Robert W .; Christman Jr.,

Thomas J.; Cleeland, Nancy; Colwell, John F.; Cowen, W illiam B.; Dreeben, Linda J.; Eddins-

Hill, Rosalind Elaine; Englehart, Bob; Farrell, Ellen; Fedorova, Ioulia; Ferguson, John H.; Fies-

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Stephen M.; Gold, W ayne R.; Goldstein, Dawn; Gottschalk, Irving E.; Graham, David; Grant,

Regina; Griffin, Jill; Guest, Matt; Habenstreit, David; Hankins, Raymond; Hayes, Brian;

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Levitan, Daniel; Ley, Rhonda; Lieber, Margery E.; Liebman, W ilma B.; Lightner, J. Michael;

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Joshua; Saunders, Josh D; Schiff, Robert; Shapiro, Ken; Siegel, Richard A.; Simms, Abby;

Smith, Barry F.; Solomon, Lafe E.; Sophir, Jayme; Spector, Jennifer R.; Tellem, Elbert F.;

Tendrich, Robert; Thompson, Scott C.; Tuli, Manisha E.; W agner, Anthony R.; W illiams,

Harold; Yaffe, Deborah; Zick, Lara S.

Legal News FYI

NLRB Files Lawsuit Against State of Arizona

Citing Federal Preemption of State Ballot Law

Following through on its position that a November 2010 amendment to the Arizona constitution requiring

secret-ballot union representation elections creates an "actual conflict" with the federal labor law rights of

private sector...

UAW May Identify ‘Targets’ in ‘Transplant,'

Auto Parts Organizing Drives, Estrada Says

SOUTHFIELD, Mich.—The United Auto Workers union has organizers striving to gain worker support at

foreign-owned automotive plants in the South, and is considering potential "targets" for its campaign to

organize workers...

Tufts, Massachusetts Nurses Settle

In Time to Avert Threatened Strike

BOSTON—The Massachusetts Nurses Association May 6 reached tentative agreement with Tufts Medical

Center on a new 18-month contract hours before the union was set to begin its first strike against a major

Boston hospital in more than...

Sixth Circuit Rejects Secondary Boycott Suit,

Deciding 2-1 Proximate Causation Not Shown

A Michigan ready-mix concrete firm showed that it was removed from a construction site within about a

week after union representatives threatened to picket in protest of the company's presence, but the firm

lacked evidence of "proximate...

NLRB Orders Second Election Among

Security Officers at Pittsburgh Casino

Rivers Casino in Pittsburgh committed four instances of objectionable conduct during a union organizing

drive that were sufficient to set aside the election, which the International Union, Security, Police and Fire

Professionals lost...

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Wisconsin Gov. Walker Endorses Bill

Establishing Uniform Medical Leave Rules

CHICAGO—Wisconsin Gov. Scott Walker (R) May 5 signed legislation (S.B. 23, A.B. 41) that dismantles

Milwaukee's controversial paid sick leave ordinance and bars other municipalities from enacting family and

medical leave rules...

USW Members Ratify Contract With RG Steel

For Some 6,000 Former Severstal Workers

Members of the United Steelworkers, who have been working for two years under extensions of previous

contracts, May 5 ratified a new single contract with RG Steel covering some 6,000 workers at steel plants

in West Virginia, Ohio, and Maryland,...

Republicans Rally Behind Boeing Over Labor Board Complaint

Bloomberg – 05/05/11 23:17 –

Words matched: Lafe Solomon, Craig Becker

U.S. House Republicans demanded that the National Labor Relations Board provide information about its decision to file a union-

retaliation complaint against Boeing Co.

...Republican senators urging President Barack Obama to withdraw the nomination of Lafe Solomon , NLRB acting general counsel,

who filed the case .

In Senate, Nominees Flounder

Roll Call – 05/06/11 18:12 –

Words matched: National Labor Relations Board

Fights over nominations have begun to dominate the Senate’s agenda as both parties look for places to one-up

each other in a chamber with little else to do.

...the same tactic last week to a brewing fight over a ruling by the National Labor Relations Board against the

Boeing Co. s plans to open up a...

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

2

NLRB-FOIA-00000942

Microsoft Outlook

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afternoonreport@meltwaternews.com

Tuesday, May 10, 2011 4:04 PM

Solomon, Lafe E.

28 articles from Meltwater News

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Republicans Ratchet Up Attacks On Labor Board, White House On Boeing

Breaking News – 05/10/11 15:35 –

Words matched: Lafe Solomon

WASHINGTON — Gov. Nikki Haley (R-S.C.) joined a coalition of business interests

and Republican lawmakers Tuesday in bashing the National Labor Relations Board

for filing a controversial complaint against the Boeing Company last month.

...(R-S.C.) leveled his criticism directly at NLRB acting general counsel Lafe

Solomon, who filed the complaint. It is absurd in this country that...

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Haley, senators discuss NLRB's Boeing complaint

Herald Online – 05/10/11 15:28 –

2 other sources (GoUpstate, Seattlepi.com)

Words matched: Lafe Solomon, Craig Becker

COLUMBIA, S.C. -- South Carolina Gov. Nikki Haley said Tuesday that governors

and businesses have to work together to counter National Labor Relations Board

actions against Boeing Co.

...calling for him to withdraw his nominations of NLRB acting general counsel Lafe

Solomon and board member Craig Becker, a former union lawyer .

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Obama urged to ask NLRB to withdraw complaint against Boeing

GreenvilleOnline.com (AP) – 05/10/11 14:56 –

Words matched: Lafe Solomon

WASHINGTON — Gov. Nikki Haley urged President Barack Obama today to

persuade the National Labor Relations Board to withdraw its complaint against The

Boeing Co.

...comment today. In a statement Monday, NLRB Acting General Counsel Lafe

Solomon urged Boeing and its supporters to respect the legal process ,

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Minister Hayes Briefed On Shannon Flooding Concerns During Offaly Visit

Tullamore Tribune – 05/10/11 14:00 –

Words matched: Brian Hayes

THE Minister of State Brian Hayes TD visited Athlone and Banagher last Monday at

the invitation of local deputies who wanted him to visit the region and to meet with

IFA representatives and others affected by flooding.

...Shannon Flooding Concerns During Offaly Visit THE Minister of State Brian Hayes

TD visited Athlone and Banagher last Monday at the invitation ...

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GOP Senators, SC Gov. Nikki Haley call on Obama to address NLRB’s Boeing

case

Daily Caller – 05/10/11 13:37 –

Words matched: Lafe Solomon, Craig Becker

South Carolina Republican Sen. Lindsey Graham demanded President Barack

Obama explain why he hired Bill Daley, a former Boeing Company board member,

as his chief of staff and why he named Boeing president James McNerney to lead

his Export Council.

...and Alexander called on Obama to rescind his NLRB recess appointments , Craig

Becker and Lafe Solomon . Haley and the others at the presser are...

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Actual Enforcement Of Actual Laws? Is It Possible?

Campaign for America's Future – 05/10/11 12:59 –

Words matched: Lafe Solomon

Deconstructing the Paul Ryan Sound Bite

...law in the case of Boeing? The NLRB's acting general counsel Lafe Solomon was

interviewed by the NY Times last month, saying it was a simple...

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Top Republicans demand Obama weigh in on Boeing dispute

Free Republic – 05/10/11 11:42 –

Words matched: Lafe Solomon

Washington (CNN) – South Carolina Gov. Nikki Haley and a group of Republican

senators demanded Tuesday that the Obama administration weigh in on the National

Labor Relations Board's complaint against Boeing, saying the complaint could

jeopardize thousands of South Carolina jobs and the future of fre

...engaged in past strikes. The NRLB's Acting General Counsel Lafe Solomon is

seeking an order to keep that production line in Washington state .

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National Labor Relations Board (yes, there is such a thing) Digs In Against

Republican Critics

Newsvine – 05/10/11 11:41 –

Words matched: Lafe Solomon

Facing an onslaught of criticism from Republican lawmakers and corporate interests,

National Labor Relations Board acting general counsel Lafe Solomon today

defended his decision to file a complaint against Boeing after the company made

plans to move a production line for its new 787 Dreamliner from

...corporate interests, National Labor Relations Board acting general counsel Lafe

Solomon today defended his decision to file a complaint against...

Translate

David Macaray: Obama and the Colombian Trade Pact

Counter Punch – 05/10/11 11:20 –

Words matched: Lafe Solomon

By DAVID MACARAY On May 4, over the strenuous objections of organized labor,

President Obama announced that the U.S. intends to sign an ambitious and

expanded free trade agreement with the government of Colombia.

...the move as a form of payback, the NLRB s acting general counsel, Lafe

Solomon, said he had no choice but to rule against it. Reaction to the...

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Acting General Counsel carries out threat to file complaint against Arizona

over secret ballot amendment, takes criticism for Boeing complaint

CCH's Employment Law Daily – 05/10/11 09:36 –

Words matched: Lafe Solomon

The NLRB has announced that Lafe Solomon, the NLRB’s Acting General Counsel,

has submitted for filing a complaint in U.S. District Court in Phoenix asking that court

to declare that a recently passed constitutional amendment is preempted by the

NLRA.

...amendment, takes criticism for Boeing complaint The NLRB has announced that

Lafe Solomon, the NLRB s Acting General Counsel, has submitted for...

Translate

NLRB Attack on Right-to-Work States is Bad Politics and Worse Economics

Free Republic – 05/10/11 07:45 –

Words matched: Lafe Solomon, Craig Becker

Defying efforts by both small and large businesses to create jobs and protect

workers, whether union or non-union, President Obama’s labor board, namely the

National Labor Relations Board (NLRB) has undertaken an assault against non-

union jobs created in right-to-work states.

...Labor s agenda in government namely NLRB Acting General Counsel Lafe

Solomon and Board Member Craig Becker be withdrawn from consideration as...

Translate

NLRB pursues secret-ballot lawsuit in AZ

Gsa Business – 05/09/11 13:18 –

Words matched: Lafe Solomon

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NLRB-FOIA-00000944

As promised earlier this year, the National Labor Relations Board on Friday filed a

lawsuit challenging an Arizona constitutional amendment on secret-ballot votes for

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union elections.

...federal union bill, protect secret ballots NLRB Acting General Counsel Lafe

Solomon in January advised the four states that unless they blocked...

NLRB - Major Outlets

to the top

Obama Destroys 1000+ Jobs

AllVoices – 05/10/11 15:47 –

Words matched: National Labor Relations Board, NLRB

In a country where the creation of jobs has become one of the hightest priorities(or

so says the current administration), I find it ourrageous that the Acting General

Counsel of the National Labor Relations Board issued a complaint against Boeing for

creating over 1000 new jobs in South Carolina, in

...find it ourrageous that the Acting General Counsel of the National Labor

Relations Board issued a complaint against Boeing for creating over...

Translate

Sen. Orrin Hatch slams National Labor Relations Board

Deseret News – 05/10/11 14:23 –

Words matched: National Labor Relations Board, NLRB

Sen. Orrin Hatch, R-Utah, has joined a heated labor dispute that is reverberating

across the country. On Tuesday, Hatch penned an op-ed piece in National Review

attacking the National Labor Relations Board's recent decision to file a complaint

against aeronautics manufacturer Boeing for starting to

Sen. Orrin Hatch slams National Labor Relations Board Sen. Orrin Hatch, R-Utah,

has joined a heated labor dispute that is reverberating across...

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Haley, senators discuss NLRB's Boeing complaint

Seattlepi.com – 05/10/11 14:03 –

1 other source (The Seattle Times)

Words matched: National Labor Relations Board, NLRB

COLUMBIA, S.C. (AP) — South Carolina Gov. Nikki Haley said Tuesday that

governors and businesses have to work together to counter National Labor Relations

Board actions against Boeing Co.

Haley, senators discuss NLRB's Boeing complaint COLUMBIA, S.C. (AP) South

Carolina Gov. Nikki Haley said Tuesday that governors and businesses ...

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Time to correct off-course labor board

Daily Caller – 05/10/11 13:56 –

Words matched: National Labor Relations Board, NLRB

0 There are many reasons why individuals choose to go into business in this country.

We are blessed to have many freedoms here, including the ability to choose in which

state to operate our businesses.

...businesses. Unfortunately and somewhat typically the Obama administration s

National Labor Relations Board (NLRB ) is now attempting to govern...

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GOP Senators, SC Gov. Nikki Haley call on Obama to address NLRB’s Boeing

case

Daily Caller – 05/10/11 13:37 –

Words matched: National Labor Relations Board, NLRB

South Carolina Republican Sen. Lindsey Graham demanded President Barack

Obama explain why he hired Bill Daley, a former Boeing Company board member,

as his chief of staff and why he named Boeing president James McNerney to lead

his Export Council.

...Senators, SC Gov. Nikki Haley call on Obama to address NLRB s Boeing case

South Carolina Republican Sen. Lindsey Graham demanded President Barack...

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GOP Sen. Rand Paul questions whether White House has 'enemies list'

Free Republic – 05/10/11 13:23 –

Words matched: National Labor Relations Board

Sen. Rand Paul (R-Ky.) asked Tuesday if the White House had an "enemies list" in

light of the National Labor Relations Board's complaint against Boeing for moving

some of its operations to South Carolina.

...the White House had an "enemies list" in light of the National Labor Relations

Board's complaint against Boeing for moving some of its operations...

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Rand Paul Suggests Conspiracy In Labor Fight: 'Mr. President, Do You Have

An Enemies List?'

TPMDC – 05/10/11 12:09 –

Words matched: National Labor Relations Board, NLRB

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NLRB-FOIA-00000945

Speaking at the Chamber of Commerce's national headquarters in Washington,

D.C., South Carolina Gov. Nikki Haley (R) joined Republican lawmakers Tuesday to

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decry the National Labor Relations Board for siding with unions in its fight with

Boeing.

Nikki Haley (R) joined Republican lawmakers Tuesday to decry the National Labor

Relations Board for siding with unions in its fight with Boeing .

Haley, senators to discuss NLRB's Boeing complaint

Forbes.com – 05/10/11 11:46 –

2 other sources (Boston.com, Yahoo! Finance US)

Words matched: National Labor Relations Board, NLRB

Home Business Tech Markets Entrepreneurs Leadership Personal Finance

ForbesLife Lists Opinions Video Blogs E-mail Newsletters Portfolio Tracker Special

Reports Commerce Energy Health Care Logistics Manufacturing Media Services

Technology Wall Street Washington CIO Network Enterprise Tech Infoimaging

Haley, senators to discuss NLRB 's Boeing complaint Home Business Tech Markets

Entrepreneurs Leadership Personal Finance ForbesLife Lists Opinions ...

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Top Republicans demand Obama weigh in on Boeing dispute

Free Republic – 05/10/11 11:42 –

Words matched: National Labor Relations Board, NLRB

Washington (CNN) – South Carolina Gov. Nikki Haley and a group of Republican

senators demanded Tuesday that the Obama administration weigh in on the National

Labor Relations Board's complaint against Boeing, saying the complaint could

jeopardize thousands of South Carolina jobs and the future of fre

...senators demanded Tuesday that the Obama administration weigh in on the

National Labor Relations Board 's complaint against Boeing , saying the...

Translate

National Labor Relations Board (yes, there is such a thing) Digs In Against

Republican Critics

Newsvine – 05/10/11 11:41 –

Words matched: National Labor Relations Board

Facing an onslaught of criticism from Republican lawmakers and corporate interests,

National Labor Relations Board acting general counsel Lafe Solomon today

defended his decision to file a complaint against Boeing after the company made

plans to move a production line for its new 787 Dreamliner from

National Labor Relations Board (yes, there is such a thing) Digs In Against

Republican Critics Facing an onslaught of criticism from Republican ...

Translate

NRCC mocks Dem, drops ‘F bomb’

Yahoo! News – 05/10/11 10:10 –

Words matched: NLRB

1 hr 13 mins ago First Donald Trump, now the National Republican Congressional

Committee (NRCC)? A press release from the NRCC sent Monday carries the

subject line: “Blast From The Past: Failed Dem Titus Still F***ed.

...GOP Senators, SC Gov. Nikki Haley call on Obama to address NLRB s Boeing

case Leaders with Ginni Thomas: Chris Plante on media corruption NRCC...

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NFL: Judge's ruling discounted harm to league

Yahoo! Finance US – 05/10/11 09:59 –

Words matched: National Labor Relations Board

In appeals court filing, owners say judge discounted harm to NFL when she ordered

lockout end

and, that she should have waited for a decision from the National Labor Relations

Board before issuing that ruling. The league also said that...

Translate

Palin raps White House rapper

Yahoo! News – 05/10/11 09:21 –

Words matched: NLRB

2 hrs 2 mins ago Sarah Palin tweeted into the growing controversy over Michelle

Obama’s decision to invite Chicago rapper ‘Common’ to a White House arts event for

students.

...GOP Senators, SC Gov. Nikki Haley call on Obama to address NLRB s Boeing

case Leaders with Ginni Thomas: Chris Plante on media corruption NRCC...

Translate

NLRB Attack on Right-to-Work States is Bad Politics and Worse Economics

Free Republic – 05/10/11 07:45 –

Words matched: National Labor Relations Board, NLRB

Defying efforts by both small and large businesses to create jobs and protect

workers, whether union or non-union, President Obama’s labor board, namely the

National Labor Relations Board (NLRB) has undertaken an assault against non-

union jobs created in right-to-work states.

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NLRB-FOIA-00000946

NLRB Attack on Right-to-Work States is Bad Politics and Worse Economics Defying

efforts by both small and large businesses to create jobs and ...

Decision point in NY-26 - Boehner, Gillibrand parachute in - 2012 braces for

Newt - Christie praises Daniels - Rush zings: 'Serious...means boring and

moderate' - Angle, O'Donnell backers eye Neb.

Politico – 05/10/11 05:40 –

Words matched: National Labor Relations Board, NLRB

(@aburnspolitico, aburns@politico.com) THE HOUSE CAMPAIGN – DOG FIGHT IN

NEW YORK – There’s no doubt about it anymore: The race for New York’s GOP-

leaning 26th Congressional District is up for grabs.

...the U.S. Chamber of Commerce this morning, decrying the National Labor

Relations Board s complaint against Boeing for shifting jobs to the non-union-

friendly...

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Less Rhetoric and More of the Law in the NLRB's Boeing Action

The Huffington Post – 05/09/11 08:45 –

Words matched: National Labor Relations Board, NLRB

The complaint that the National Labor Relations Board (NLRB) issued against the

Boeing Company on April 20th has touched off a storm of comment and controversy,

much of it wrong.

Less Rhetoric and More of the Law in the NLRB 's Boeing Action The complaint that

the National Labor Relations Board (NLRB ) issued against the...

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Microsoft Outlook

BNA Highlights [bhighlig@bna.com]

Tuesday, May 10, 2011 10:40 PM

Solomon, Lafe E.

May 10 -- BNA, Inc. Daily Labor Report

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Tuesday, May 10, 2011 · Number 90

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

Disabilities

Agencies

Seventh Circuit Rules Highway Worker

States

Afraid of Heights Has Triable ADA Claims

Courts/Tribunals

A state highway maintainer on a bridge crew in Illinois who was

diagnosed with acrophobia, a fear of heights, can proceed to

trial on his claims that his employer violated the Americans with

Disabilities Act by discriminating against him based...

Federal Statutes

Industries

Law Firms

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Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

Communications

CWA, Cincinnati Bell Tentative Agreement

Continues Two-Tier Provisions Set in 2008

NLRB Summaries

Wage Trend Indicator

Calendar of Events

Communications Workers of America locals 4400 and 4401 and

Cincinnati Bell Inc. May 7 reached tentative agreement on a 39-

month collective bargaining contract covering about 1,000

employees, the union and company announced....

Employment

More Laid-Off Workers Report Finding Jobs

In 2011 Than Year Ago, CareerBuilder Says

The share of recently laid-off workers who have found jobs

improved this year compared with the same period in 2010,

according to survey results released May 10 by CareerBuilder....

Employment

President's Jobs Council Begins Tour

To Solicit Input From Local Businesses

The President's Council on Jobs and Competitiveness (PCJC)

May 10 held the first in a series of listening sessions to solicit

input from local businesses on how the public and private

sectors can partner to generate opportunity and job...

Health Care Employees

RNs Return to Work after Five-Day Strike

1

NLRB-FOIA-00000954

At Children's Hospital in Oakland, California

Registered nurses, represented by the California Nurses

Association/National Nurses United, May 10 began returning to

their jobs at Children's Hospital in Oakland, following a five-day

strike over health care benefits....

Health Care Employees

Two Minnesota Hospitals Fire 32 Workers

Over Wrongly Accessing Patient Records

Allina Health System, which operates various hospitals and

health clinics throughout Minnesota and western Wisconsin, has

terminated 32 workers for accessing electronic patient records

without proper authorization to do so, a hospital...

Health Care

Sanders, McDermott Champion Single-Payer,

Say Vermont Could Be Harbinger of Action

Sen. Bernie Sanders (I-Vt.) and Rep. Jim McDermott (D-Wash.)

said May 10 that the federal health care overhaul was an

important first step, but that a single-payer system is needed to

ensure coverage for all....

Hiring

Hiring Outlook for 2011 College Graduates

Slightly Better Than Last Year, Surveys Show

This year's college graduates are more likely to have a job offer

in hand than their 2010 counterparts, according to survey

results released by the National Association of Colleges and

Employers....

Immigration

Obama Says Overhauling Immigration Laws

Is an ‘Economic Imperative' for the Nation

An overhaul of the nation's immigration laws would "strengthen

the middle class" by ensuring that there is "no longer a massive

underground economy that exploits a cheap source of labor

while depressing wages for everyone...

Labor Department

Nomination for DOL Inspector General Withdrawn

The nomination of Paul M. Tiao to be the Labor Department's

inspector general has been withdrawn, the White House

announced May 9....

Maritime

GAO Officials Used Fake TWIC Cards

To Access Several Ports, Report Says

Government Accountability Office investigators were able to

fraudulently obtain Transportation Worker Identification

Credential (TWIC) cards with false identification documents and

used the cards to access secure areas of numerous...

NLRB

Lawmakers, Business Groups Pan Solomon

And White House Roles in NLRB Boeing Case

Republican lawmakers joined South Carolina Gov. Nikki Haley
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NLRB-FOIA-00000955

(R) and executives from several national business associations

May 10 in criticizing National Labor Relations Board Acting

General Counsel Lafe E. Solomon for authorizing a

controversial...

Race Discrimination

Second Circuit Remands 1999 Case

On Reverse Bias Claims Against City Schools

New York City's implementation of a 1999 agreement settling a

Justice Department race bias case was not an affirmative action

plan for purposes of Title VII of the 1964 Civil Rights Act and

may have violated the rights of certain white employees...

Retaliation

Employee Did Not Exhaust Retaliation Claim

Involving Employer Counterclaims, Court Says

An accounting and finance director who was fired by a New

Mexico security service provider failed to exhaust her

administrative remedies with respect to her claim that the

company retaliated against her in violation of Title VII of the

1964...

Sex Discrimination

Court Rejects Health System's Motion

To Dismiss Female Doctor's Bias Suit

Discrimination claims by a female physician who alleged that a

health care system forced her out of her position as the

supervisor of a satellite clinic survived a motion for summary

judgment May 6 in a federal district court in South Dakota

(Benson...

State Employees

Utah Legislature Overrides Veto, Restores

Five-Day Workweek for Executive Branch

DENVER—Utah lawmakers May 7 overrode the governor's veto

of a bill (H.B. 328) requiring executive branch agencies to

operate for nine hours five days a week, effectively ending a

policy of thousands of state government employees...

Unfair Labor Practices

NLRB Complaint Against CNA Alleges

Unlawful Inclusion of Statement in Contracts

The National Labor Relations Board issued a complaint against

the California Nurses Association/National Nurses United,

alleging the union unlawfully included a "Weingarten rights"

statement on or inside the cover of a number...

Unions

AFL-CIO Signs Partnership Agreements

With Groups for Domestic, Guestworkers

NEW YORK—The AFL-CIO May 10 signed a pair of partnership

agreements with groups representing domestic workers and

guestworkers, continuing an outreach effort to assist workers

excluded from collective bargaining representation...

Unions
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NLRB-FOIA-00000956

Noel Beasley Elected Workers United President

Workers United General Executive Board May 9 elected Noel

Beasley president of the union, an affiliate of Service Employees

International Union, to succeed Bruce Raynor, who had stepped

down from the position two days earlier, the union

announced....

ALSO IN THE COURTS

Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

TEXT

NLRB's Weekly Summary of Cases, Dated May 2-6, 2011

VIDEO

See Latest Video: Maximizing Emotional Distress

Damages In Employment Bias Cases by Josh Bowers

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to the top

Obama's 'union busters'

Post and Courier (AP) – 05/11/11 01:56 –

Words matched: Craig Becker

Bill Daley used to be a big shot at Boeing as a member of its board of directors. Now

he's a big shot at the White House as President Obama's chief of staff.

...president to rescind his NLRB recess appointments of Mr. Solomon and Craig

Becker. The governor pledged to "stand with any governor nationwide "

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Haley steps up attack: Fellow governors urged to stand firm against NLRB

Post and Courier (AP) – 05/11/11 01:53 –

Words matched: Lafe Solomon, Craig Becker

COLUMBIA -- South Carolina Gov. Nikki Haley said Tuesday that governors and

businesses have to work together to counter National Labor Relations Board actions

against Boeing that she contends could undermine state right-to-work laws and

economic growth.

...calling for him to withdraw his nominations of NLRB acting general counsel Lafe

Solomon and board member Craig Becker, a former union lawyer .

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The Wisdom of Solomon: The NLRB's GC Responds to His Critics

Law.com – 05/11/11 01:15 –

Words matched: Lafe Solomon

Acting General Counsel Lafe Solomon of the National Labor Relations Board used a

letter and a statement to the press Monday to answer The Boeing Company’s

general counsel as well as his other recent critics.

The NLRB's GC Responds to His Critics Acting General Counsel Lafe Solomon of

the National Labor Relations Board used a letter and a statement.. .

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Conservative Media Defend Boeing's Alleged Attempt To Violate Union

Workers' Rights

Media Matters for America – 05/11/11 01:14 –

Words matched: Lafe Solomon

Conservative media figures have claimed that the National Labor Relations Board is

seeking to ban companies from moving to states with lax labor laws by filing a

complaint against Boeing's decision to move the production facility for its new 787

Dreamliner to South Carolina.

...Appealed. From a May 9 statement by NLRB acting general counsel Lafe

Solomon: NLRB Acting General Counsel Lafe Solomon today responded to

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inquiries...

Republicans accuse Obama of 'enemies list' in Boeing case

Tri-City Herald – 05/11/11 01:07 –

10 other sources (Kentucky.com, The Bellingham Herald (AP), ...)

Words matched: Lafe Solomon

WASHINGTON Business leaders and Republican politicians accused President

Barack Obama on Tuesday of punishing GOP states by trying to block Boeing from

opening a major aircraft plant in South Carolina.

...to what the NLRB has done." The NLRB's top lawyer, Lafe Solomon , filed a case

in April charging Boeing with union- busting and retaliating for...

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Republicans accuse Obama in Boeing case (+survey)

The State – 05/11/11 00:54 –

Words matched: Lafe Solomon

WASHINGTON — Business leaders and Republican politicians Tuesday accused

President Barack Obama of punishing GOP states by trying to block Boeing from

opening an aircraft plant in South Carolina.

...third-world country. This is thuggery at its worst. DeMint referred to Lafe Solomon ,

the labor board s top lawyer, who is pursuing the case against...

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Republicans accuse President Obama of ‘enemies list’ in Boeing case

Boston Herald (AP) – 05/11/11 00:36 –

Words matched: Lafe Solomon

WASHINGTON — Business leaders and Republican politicians accused President

Barack Obama on Tuesday of punishing GOP states by trying to block Boeing from

opening a major aircraft plant in South Carolina.

...respond to what the NLRB has done." The NLRB s top lawyer, Lafe Solomon ,

filed a case in April charging Boeing with union- busting and retaliating...

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GOP alleges 'thuggery' in Boeing fray

Pittsburgh Tribune Review – 05/11/11 00:10 –

Words matched: Lafe Solomon

WASHINGTON -- Business leaders and Republican politicians accused President

Obama on Tuesday of punishing GOP states by trying to block Boeing from opening

a major aircraft plant in South Carolina.

...to what the NLRB has done." The NLRB's top lawyer, Lafe Solomon , filed a case

in April charging Boeing with union-busting and retaliating for...

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Boeing’s CEO McNerney on the NLRB’s Complaint, U.S.

Competitiveness

Manufacturing.net – 05/10/11 23:25 –

Words matched: Lafe Solomon

Boeing’s CEO McNerney on the NLRB’s Complaint, U.S. Competitiveness

Jim McNerney, president and CEO of The Boeing Company, refutes the complaint

against the company by the National Labor Relations Board in an op-ed to be

published in Wednesday’s Wall Street Journal.

...complaint and the company†s letter last week rebutting assertions made by the

NLRB†s acting general counsel, Lafe Solomon . SOURCE Shopfloor

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Haley continues attacks on NLRB's Boeing complaint

CharlotteObserver.com – 05/10/11 22:53 –

9 other sources (The Bellingham Herald (AP), Forbes.com, ...)

Words matched: Lafe Solomon, Craig Becker

COLUMBIA, S.C. South Carolina Gov. Nikki Haley said Tuesday that governors and

businesses have to work together to counter National Labor Relations Board actions

against Boeing Co.

...calling for him to withdraw his nominations of NLRB acting general counsel Lafe

Solomon and board member Craig Becker, a former union lawyer .

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Haley continues attacks on NLRB’s Boeing complaint

Post and Courier (AP) – 05/10/11 22:33 –

Words matched: Lafe Solomon, Craig Becker

COLUMBIA — South Carolina Gov. Nikki Haley said Tuesday that governors and

businesses have to work together to counter National Labor Relations Board actions

against Boeing Co.

...calling for him to withdraw his nominations of NLRB acting general counsel Lafe

Solomon and board member Craig Becker, a former union lawyer .

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Nikki Haley wants Obama to act in Boeing case

GreenvilleOnline.com (AP) – 05/10/11 21:43 –

Words matched: Lafe Solomon

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NLRB-FOIA-00000959

White House says NLRB an independent agency

...comment. But in a statement Monday, NLRB Acting General Counsel Lafe

Solomon urged critics to respect the legal process, rather than trying to...

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Referee shortage puts game at risk

Great Lakes Advocate – 05/10/11 19:24 –

Words matched: Mark Pearce

A SHORTAGE of qualified referees on the Mid North Coast is leading some people

to ask how long football can continue in the area. On occasion there are not enough

referees to play the games scheduled and younger referees are being turned off as

they regularly get abused.

...referees on the day and this can result in skewed results. Mark Pearce of the

Manning District Referees Association said: the problem is just...

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With Boeing opposition, Obama accused of bias against GOP states

The News Tribune – 05/10/11 19:03 –

Words matched: Lafe Solomon

Business leaders and Republican politicians accused President Barack Obama on

Tuesday of punishing GOP states by trying to block Boeing from opening a major

aircraft plant in South Carolina.

...to what the NLRB has done." The NLRB's top lawyer, Lafe Solomon , filed a case

in April charging Boeing with union- busting and retaliating for...

Translate

S.C. Governor, Senators Discuss Labor Board's Boeing Complaint

KIRO-TV – 05/10/11 18:40 –

Words matched: Lafe Solomon, Craig Becker

COLUMBIA, S.C. -- South Carolina Gov. Nikki Haley said Tuesday that governors

and businesses have to work together to counter National Labor Relations Board

actions against Boeing Co.

...calling for him to withdraw his nominations of NLRB acting general counsel Lafe

Solomon and board member Craig Becker, a former union lawyer .

Translate

SC gov keeps attacks on NLRB's Boeing complaint

Forbes.com – 05/10/11 18:38 –

2 other sources (yahoo! 7 Finance, Yahoo! Finance US)

Words matched: Lafe Solomon, Craig Becker

Home Business Tech Markets Entrepreneurs Leadership Personal Finance

ForbesLife Lists Opinions Video Blogs E-mail Newsletters Portfolio Tracker Special

Reports Commerce Energy Health Care Logistics Manufacturing Media Services

Technology Wall Street Washington CIO Network Enterprise Tech Infoimaging

...calling for him to withdraw his nominations of NLRB acting general counsel Lafe

Solomon and board member Craig Becker, a former union lawyer .

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Haley continues attacks on NLRB Boeing complaint

Independent Mail (AP) – 05/10/11 17:59 –

Words matched: Lafe Solomon, Craig Becker

COLUMBIA, S.C. — South Carolina Gov. Nikki Haley said Tuesday that governors

and businesses have to work together to counter National Labor Relations Board

actions against Boeing Co.

...calling for him to withdraw his nominations of NLRB acting general counsel Lafe

Solomon and board member Craig Becker, a former union lawyer .

Translate

GOP Senators, SC Gov. Nikki Haley call on Obama to address NLRB’s Boeing

case

Politics - Yahoo! News – 05/10/11 14:37 –

2 other sources (Daily Caller, Yahoo! News)

Words matched: Lafe Solomon, Craig Becker

South Carolina Republican Sen. Lindsey Graham demanded President Barack

Obama explain why he hired Bill Daley, a former Boeing Company board member,

as his chief of staff and why he named Boeing president James McNerney to lead

his Export Council.

...and Alexander called on Obama to rescind his NLRB recess appointments , Craig

Becker and Lafe Solomon . Haley and the others at the presser are...

Translate

National Labor Relations Board (yes, we still have one) Digs In Against

Republican Critics

Newsvine – 05/10/11 11:41 –

Words matched: Lafe Solomon

Facing an onslaught of criticism from Republican lawmakers and corporate interests,

National Labor Relations Board acting general counsel Lafe Solomon today

defended his decision to file a complaint against Boeing after the company made

plans to move a production line for its new 787 Dreamliner from

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3

NLRB-FOIA-00000960

...corporate interests, National Labor Relations Board acting general counsel Lafe

Solomon today defended his decision to file a complaint against...

Boeing?s CEO McNerney on the NLRB?s Complaint, U.S. Competitiveness

Chem.Info – 05/10/11 00:22 –

Words matched: Lafe Solomon

Get daily Chemical industry top stories and headlines - Sign up now! Boeing’s

CEO McNerney on the NLRB’s Complaint, U.S. Competitiveness Jim McNerney,

president and CEO of The Boeing Company, refutes the complaint against the

company by the National Labor Relations Board in an op-ed to be publ

...the company†s letter last week rebutting assertions made by the NLRB⠀ s

acting general counsel, Lafe Solomon . SOURCE By Manufacturing. net

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Financial results show solid progress

La Trobe University – 05/09/11 18:42 –

Words matched: Mark Pearce

10 May 2011 La Trobe University and its consolidated entities recorded an operating

surplus of $101 million for the year ended 31 December 2010 which is an operating

margin of 15 per cent.

...were presented to the Victorian Parliament on 5 May 2010. For more information:

Mark Pearce, Media and Communications, Tel: 0423 783 756 E:

m.pearce@latrobe.edu.au

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NLRA - Major Outlets

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Conservative Media Defend Boeing's Alleged Attempt To Violate Union

Workers' Rights

Media Matters for America – 05/11/11 01:14 –

Words matched: National Labor Relations Act

Conservative media figures have claimed that the National Labor Relations Board is

seeking to ban companies from moving to states with lax labor laws by filing a

complaint against Boeing's decision to move the production facility for its new 787

Dreamliner to South Carolina.

...Companies From Retaliating Against Workers For Strikes And Other Union

Activities National Labor Relations Act Gives Employees "The Right To ...

NLRB - Major Outlets

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Federal regulators sue Arizona over union law

Las Vegas Sun – 05/11/11 06:13 –

Words matched: National Labor Relations Board, NLRB

Federal labor regulators have sued the state of Arizona over a state constitutional

amendment that limits how workers can choose whether they want union

representation.

...secret ballot elections before a company can be unionized. The National Labor

Relations Board says the amendment interferes with federal law .

Translate

Conservative Media Defend Boeing's Alleged Attempt To Violate Union

Workers' Rights

Media Matters for America – 05/11/11 01:14 –

Words matched: National Labor Relations Board, NLRB

Conservative media figures have claimed that the National Labor Relations Board is

seeking to ban companies from moving to states with lax labor laws by filing a

complaint against Boeing's decision to move the production facility for its new 787

Dreamliner to South Carolina.

...Union Workers' Rights Conservative media figures have claimed that the National

Labor Relations Board is seeking to ban companies from moving to...

Translate

Republicans accuse President Obama of ‘enemies list’ in Boeing case

Boston Herald (AP) – 05/11/11 00:36 –

Words matched: National Labor Relations Board, NLRB

WASHINGTON — Business leaders and Republican politicians accused President

Barack Obama on Tuesday of punishing GOP states by trying to block Boeing from

opening a major aircraft plant in South Carolina.

...spokeswoman, declined to comment. South Carolina Gov. Nikki Haley said the

National Labor Relations Board s move to compel Boeing to build a second 787...

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GOP alleges 'thuggery' in Boeing fray

Pittsburgh Tribune Review – 05/11/11 00:10 –

Words matched: National Labor Relations Board, NLRB

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4

NLRB-FOIA-00000961

WASHINGTON -- Business leaders and Republican politicians accused President

Obama on Tuesday of punishing GOP states by trying to block Boeing from opening

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a major aircraft plant in South Carolina.

...spokeswoman, declined to comment. South Carolina Gov. Nikki Haley said the

National Labor Relations Board 's move to compel Boeing to build a second 787...

Haley continues attacks on NLRB's Boeing complaint

CharlotteObserver.com – 05/10/11 22:53 –

4 other sources (Forbes.com, Seattlepi.com, ...)

Words matched: National Labor Relations Board, NLRB

COLUMBIA, S.C. South Carolina Gov. Nikki Haley said Tuesday that governors and

businesses have to work together to counter National Labor Relations Board actions

against Boeing Co.

Haley continues attacks on NLRB 's Boeing complaint COLUMBIA, S.C. South

Carolina Gov. Nikki Haley said Tuesday that governors and businesses.. .

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NFL: Judge's ruling discounted harm to league

CharlotteObserver.com – 05/10/11 22:45 –

1 other source (Yahoo! Finance US)

Words matched: National Labor Relations Board

MINNEAPOLIS Lifting football's labor lockout without a new contract in place would

allow better-off teams to sign the best players, tipping the NFL's competitive balance

and damaging the league, attorneys for the owners argued in court papers Monday.

and, that she should have waited for a decision from the National Labor Relations

Board before issuing that ruling. The league also said that...

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S.C. exhorts others to join fight against NLRB's Boeing complaint

The Seattle Times – 05/10/11 20:48 –

Words matched: National Labor Relations Board, NLRB

South Carolina Gov. Nikki Haley said Tuesday that governors and businesses have

to work together to counter National Labor Relations Board...

S.C. exhorts others to join fight against NLRB 's Boeing complaint South Carolina

Gov. Nikki Haley said Tuesday that governors and businesses.. .

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NFL: Lifting Lockout Without New Contract Would Harm League

FoxNews.com – 05/10/11 19:21 –

Words matched: National Labor Relations Board

MINNEAPOLIS -- Lifting football's labor lockout without a new contract in place

would allow better-off teams to sign the best players, tipping the NFL's competitive

balance and damaging the league, attorneys for the owners argued in court papers

Monday.

and, that she should have waited for a decision from the National Labor Relations

Board before issuing that ruling. The league also said that...

Translate

Fox’s Eric Bolling Heatedly Dukes It Out With Democratic Mayor Over Boeing

Labor Fight

Mediaite.com – 05/10/11 19:16 –

Words matched: National Labor Relations Board

Last month, following Glenn Beck’s announcement that he would soon be leaving

Fox News and then took a brief vacation, hosting duties fell to Andrew Napolitano

and then Eric Bolling spent some time as guest host.

...Boeing that s been brewing in South Carolina. In summary, the National Labor

Relations Board has filed a complaint with Boeing after it built a...

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FEULNER: Good for union bosses, bad for the economy

The Washington Times – 05/10/11 19:15 –

Words matched: National Labor Relations Board, NLRB

Team Obama’s attack on Boeing will hurt business investment

...jobs). And Boeing won t miss any more orders. But the National Labor Relations

Board sees it differently. The NLRB says the South Carolina plant...

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Boeing Is Pro-Growth, Not Anti-Union

The Wall Street Journal - World News – 05/10/11 19:09 –

Words matched: National Labor Relations Board, NLRB

Washington's actions have assaulted the capitalist principles that have sustained

America's competitiveness since it became the world's largest economy nearly 140

years ago.

unemployment nationwide, we need more of them and soon. Yet the National Labor

Relations Board (NLRB ) believes it was a mistake and that our...

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With Boeing opposition, Obama accused of bias against GOP states

The News Tribune – 05/10/11 19:03 –

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NLRB-FOIA-00000962

Words matched: National Labor Relations Board, NLRB

Business leaders and Republican politicians accused President Barack Obama on

Tuesday of punishing GOP states by trying to block Boeing from opening a major

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aircraft plant in South Carolina.

...spokeswoman, declined to comment. South Carolina Gov. Nikki Haley said the

National Labor Relations Board 's move to compel Boeing to build a second 787...

SC gov keeps attacks on NLRB's Boeing complaint

Forbes.com – 05/10/11 18:38 –

1 other source (Yahoo! Finance US)

Words matched: National Labor Relations Board, NLRB

Home Business Tech Markets Entrepreneurs Leadership Personal Finance

ForbesLife Lists Opinions Video Blogs E-mail Newsletters Portfolio Tracker Special

Reports Commerce Energy Health Care Logistics Manufacturing Media Services

Technology Wall Street Washington CIO Network Enterprise Tech Infoimaging

SC gov keeps attacks on NLRB 's Boeing complaint Home Business Tech Markets

Entrepreneurs Leadership Personal Finance ForbesLife Lists Opinions...

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The GOP vs. the NLRB

National Review Online – 05/10/11 18:00 –

Words matched: National Labor Relations Board, NLRB

Republicans defend Boeing’s right to locate a new plant in a right-to-work state.

The GOP vs. the NLRB Republicans defend Boeing s right to locate a new plant in a

right-to-work state. Republicans are up in arms over an official ...

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Sen. Rand Paul To Obama: ‘Mr. President, Do You Have An Enemies List?’

Mediaite.com – 05/10/11 17:30 –

Words matched: National Labor Relations Board, NLRB

Republican Senator Rand Paul joined other Republican lawmakers in attacking the

National Labor Relations Board and the federal government for allegedly

overexerting its power in the private sector.

...Rand Paul joined other Republican lawmakers in attacking the National Labor

Relations Board and the federal government for allegedly overexerting...

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NLRB vs. Boeing -- Tyranny vs. Freedom

Townhall.com – 05/10/11 16:52 –

Words matched: National Labor Relations Board, NLRB

One of the shameful hallmarks of a dictatorship is the restriction of movement --

telling citizens or groups they cannot travel or relocate freely. We are now witnessing

a shocking example of that dictatorial practice at the hands of the National Labor

Relations Board (NLRB), which is insisting tha

NLRB vs. Boeing -- Tyranny vs. Freedom One of the shameful hallmarks of a

dictatorship is the restriction of movement -- telling citizens or...

Translate

Bakery strike in 3rd week

My San Antonio (AP) – 05/10/11 16:10 –

Words matched: National Labor Relations Board, NLRB

The strike at C.H. Guenther & Son Inc. in San Antonio is now in its third week, with

no resolution in the offing. Unionized production and warehouse workers went on

strike April 25 after contract negotiations ended.

...company of conducting unlawful surveillance in a complaint lodged with the

National Labor Relations Board . Phillips denied the charge . The NLRB ...

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Sen. Toomey releases ‘balanced budget proposal’

Politics - Yahoo! News – 05/10/11 15:15 –

1 other source (Yahoo! News)

Words matched: NLRB

Sen. Pat Toomey, Pennsylvania Republican, released his “balanced budget

proposal” on Tuesday afternoon. The plan, according to Toomey, balances the

budget by 2020 with a “modest surplus” in 2021, reduces publicly-held debt to about

52 percent of Gross Domestic Product (GDP) by 2021 and lowers spend

...monkey GOP Senators, SC Gov. Nikki Haley call on Obama to address NLRB s

Boeing case Matthew Boyle - The Daily Caller Matthew Boyle - The Daily...

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GOP Senators, SC Gov. Nikki Haley call on Obama to address NLRB’s Boeing

case

Politics - Yahoo! News – 05/10/11 14:37 –

2 other sources (Daily Caller, Yahoo! News)

Words matched: National Labor Relations Board, NLRB

South Carolina Republican Sen. Lindsey Graham demanded President Barack

Obama explain why he hired Bill Daley, a former Boeing Company board member,

as his chief of staff and why he named Boeing president James McNerney to lead

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6

NLRB-FOIA-00000963

his Export Council.

...Senators, SC Gov. Nikki Haley call on Obama to address NLRB s Boeing case

South Carolina Republican Sen. Lindsey Graham demanded President Barack...

National Labor Relations Board (yes, we still have one) Digs In Against

Republican Critics

Newsvine – 05/10/11 11:41 –

Words matched: National Labor Relations Board

Facing an onslaught of criticism from Republican lawmakers and corporate interests,

National Labor Relations Board acting general counsel Lafe Solomon today

defended his decision to file a complaint against Boeing after the company made

plans to move a production line for its new 787 Dreamliner from

National Labor Relations Board (yes, we still have one) Digs In Against

Republican Critics Facing an onslaught of criticism from Republican lawmakers...

Translate

Efforts by GOP lawmakers to curtail private-union powers faltering in most

state capitols

Hartford Courant – 05/09/11 17:43 –

Words matched: National Labor Relations Board

JEFFERSON CITY, Mo. (AP) — Not content to target only public-sector unions,

Republican lawmakers in more than one-quarter of the states this year launched

their most ambitious attempt in about generation to break up union shops in

factories, offices and other private-sector workplaces.

Those arguments gained some credence a few weeks ago when the National Labor

Relations Board accused Boeing Co. of illegally retaliating for...

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Efforts to curtail private-sector unions faltering

Hartford Courant – 05/09/11 14:50 –

Words matched: National Labor Relations Board

JEFFERSON CITY, Mo.— Not content to target only public-sector unions,

Republican lawmakers in more than one-quarter of the states this year launched

their most ambitious attempt in about generation to break up union shops in

factories, offices and other private-sector workplaces.

Those arguments gained some credence a few weeks ago when the National Labor

Relations Board accused Boeing Co. of illegally retaliating for...

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Unfair Labor Practices

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NLRB vs. Boeing -- Tyranny vs. Freedom

Townhall.com – 05/10/11 16:52 –

Words matched: unfair labor practice

One of the shameful hallmarks of a dictatorship is the restriction of movement --

telling citizens or groups they cannot travel or relocate freely. We are now witnessing

a shocking example of that dictatorial practice at the hands of the National Labor

Relations Board (NLRB), which is insisting tha

...make the move on the specious grounds that the move constitutes an unfair labor

practice. The unfair labor practice? South Carolina has a state...

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7

NLRB-FOIA-00000964

NLRB-FOIA-00000965

NLRB-FOIA-00000966

NLRB-FOIA-00000967

NLRB-FOIA-00000968

NLRB-FOIA-00000969

NLRB-FOIA-00000970

Microsoft Outlook

From:

Sent:

To:

Subject:

Sophir, Jayme

Tuesday, October 05, 2010 3:23 PM

Bush, Lynn

Accepted: The Boeing Company - Case 19-CA-32431

1

NLRB-FOIA-00000971

Microsoft Outlook

From:

Sent:

To:

Subject:

Sophir, Jayme

W ednesday, October 06, 2010 5:39 PM

W illen, Debra L; Szapiro, Miriam

boeing

Can one of you email me a copy of your Boeing “draft” so I can look at it before the agenda tomorrow?

Jayme Sophir

Assistant General Counsel

Chief, Regional Advice Branch

National Labor Relations Board

202-273-3837

Tracking:
1

NLRB-FOIA-00000972

Delivery

Recipient
Willen, Debra L

Delivered: 10/6/2010 5:39 PM

Szapiro, Miriam

Delivered: 10/6/2010 5:39 PM

2

NLRB-FOIA-00000973

Microsoft Outlook

Subject:

Location:

Boeing Company - Case 19-CA-32431

General Counsel's Office

Start:

End:

Mon 10/18/2010 2:00 PM

Mon 10/18/2010 3:00 PM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Bush, Lynn; Kearney, Barry J.; Farrell, Ellen; Szapiro, Miriam; W illen, Debra L; Baniszewski,

Joseph; Sophir, Jayme; Havard, Fred C.

When: Monday, October 18, 2010 2:00 PM-3:00 PM (GMT-05:00) Eastern Time (US & Canada).

Where: General Counsel's Office

*~*~*~*~*~*~*~*~*~*

General Counsel Agenda!!

1

NLRB-FOIA-00000974

Microsoft Outlook

From:

Sent:

To:

Subject:

Sophir, Jayme

Thursday, October 07, 2010 4:04 PM

Bush, Lynn

Accepted: Boeing Company - Case 19-CA-32431

1

NLRB-FOIA-00000975

Microsoft Outlook

From:

Sent:

To:

Subject:

Sophir, Jayme

Tuesday, October 12, 2010 12:40 PM

Szapiro, Miriam

boeing

Why did you give me the draft? Shouldn’t it go right to Barry?

Jayme Sophir

Assistant General Counsel

Chief, Regional Advice Branch

National Labor Relations Board

202-273-3837

Tracking:
1

NLRB-FOIA-00000976

Recipient

Delivery

Szapiro, Miriam

Delivered: 10/12/2010 12:40 PM

2

NLRB-FOIA-00000977

Microsoft Outlook

From:

Sent:

To:

Subject:

Sophir, Jayme

Tuesday, October 12, 2010 12:51 PM

Szapiro, Miriam

RE: boeing

Ok. It looked like I got a whole packet of drafts, so that’s why I was confused. Also, I didn’t see it on Barry’s desk when I

went in there…

From: Szapiro, Miriam

Sent: Tuesday, October 12, 2010 12:46 PM

To: Sophir, Jayme

Subject: RE: boeing

It went to Barry; we thought you said you wanted to see it too, but you don’t have to.

From: Sophir, Jayme

Sent: Tuesday, October 12, 2010 12:40 PM

To: Szapiro, Miriam

Subject: boeing

Why did you give me the draft? Shouldn’t it go right to Barry?

Jayme Sophir

Assistant General Counsel

Chief, Regional Advice Branch

National Labor Relations Board

202-273-3837

Tracking:
1

NLRB-FOIA-00000978

Recipient

Delivery

Szapiro, Miriam

Delivered: 10/12/2010 12:51 PM

2

NLRB-FOIA-00000979

Microsoft Outlook

From:

Sent:

To:

Subject:

Sophir, Jayme

Monday, October 18, 2010 5:22 PM

W illen, Debra L; Szapiro, Miriam

Boeing

Can you guys come see me first thing tomorrow morning about changes to the memo, etc.? (my “first thing” might be

later than your “first thing” but you know what I mean).

Jayme Sophir

Assistant General Counsel

Chief, Regional Advice Branch

National Labor Relations Board

202-273-3837

Tracking:
1

NLRB-FOIA-00000980

Delivery

Recipient
Willen, Debra L

Delivered: 10/18/2010 5:22 PM

Szapiro, Miriam

Delivered: 10/18/2010 5:22 PM

2

NLRB-FOIA-00000981

Microsoft Outlook

Subject:

Location:

Boeing

Barry's office

Start:

End:

Tue 12/14/2010 10:30 AM

Tue 12/14/2010 11:00 AM

Recurrence:

(none)

Meeting Status:

Meeting organizer

Required Attendees:

Sophir, Jayme; Kearney, Barry J.; Farrell, Ellen; W illen, Debra L; Szapiro, Miriam; Katz, Judy;

Omberg, Bob; Ahearn, Richard L.

1

NLRB-FOIA-00000982

Microsoft Outlook

Start:

End:

W ed 10/26/2011 12:00 PM

W ed 10/26/2011 12:30 PM

Recurrence:

(none)

1

NLRB-FOIA-00000983

Microsoft Outlook

From:

Sent:

To:

Subject:

Sophir, Jayme

Tuesday, January 04, 2011 4:47 PM

W illen, Debra L; Kearney, Barry J.; Farrell, Ellen; Katz, Judy; Szapiro, Miriam; Omberg, Bob

RE: Boeing -- union counsel dates

Fine with me

From: Willen, Debra L

Sent: Tuesday, January 04, 2011 4:42 PM

To: Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Katz, Judy; Szapiro, Miriam; Omberg, Bob

Subject: Boeing -- union counsel dates

Union counsel would like to come in for their presentation on Thursday, January 20 or, if that doesn’t work, Wednesday,

January 19. I have checked with Ernestine and Lafe is available both dates. Does anyone have a conflict with either of

these dates?

Please let me know as soon as possible, as I promised to get back to Ernestine tomorrow.

Thanks, Deb

Tracking:
1

NLRB-FOIA-00000984

Recipient

Delivery

Willen, Debra L

Delivered: 1/4/2011 4:47 PM

Kearney, Barry J.

Delivered: 1/4/2011 4:47 PM

Farrell, Ellen

Delivered: 1/4/2011 4:47 PM

Katz, Judy

Delivered: 1/4/2011 4:47 PM

Szapiro, Miriam

Delivered: 1/4/2011 4:47 PM

Omberg, Bob

Delivered: 1/4/2011 4:47 PM

2

NLRB-FOIA-00000985

Microsoft Outlook

From:

Sent:

To:

Subject:

Kearney, Barry J.

Thursday, January 20, 2011 4:11 PM

Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; W illen, Debra L

FW : Boeing - suit against state

fyi

-----Original Message-----

From: Ahearn, Richard L.

Sent: Thursday, January 20, 2011 3:40 PM

To: Kearney, Barry J.; Solomon, Lafe E.

Subject: if you haven't already seen this I thought you would find interesting

Subject: if you haven't already seen this I thought you would find interesting

http://www.free-times.com/File/Machinists%20Union%20Complaint.pdf

Rich

1

NLRB-FOIA-00000986

Microsoft Outlook

Subject:

Location:

FW : Discuss Boeing press approach

GC's office

Start:

End:

W ed 4/13/2011 4:00 PM

W ed 4/13/2011 5:00 PM

Recurrence:

(none)

Meeting Status:

Accepted

When: Wednesday, April 13, 2011 4:00 PM-5:00 PM (GMT-05:00) Eastern Time (US & Canada).

Where: GC's office

*~*~*~*~*~*~*~*~*~*

Please attend

_____________________________________________

From:
Farrell, Ellen

Sent:
To:

Tuesday, April 12, 2011 5:48 PM

Farrell, Ellen; Solomon, Lafe E.; Mattina, Celeste J.; Cleeland, Nancy; Kearney, Barry J.; Ahearn, Richard L.

Subject:
When:

Discuss Boeing press approach

Wednesday, April 13, 2011 4:00 PM-5:00 PM (GMT-05:00) Eastern Time (US & Canada).

Where:
Sensitivity:

GC's office

Private

When: Wednesday, April 13, 2011 4:00 PM-5:00 PM (GMT-05:00) Eastern Time (US & Canada).

Where: GC's office

Note: The GMT offset above does not reflect daylight saving time adjustments.

*~*~*~*~*~*~*~*~*~*

1

NLRB-FOIA-00000987

Microsoft Outlook

From:

Sent:

To:

Subject:

Sophir, Jayme

W ednesday, April 13, 2011 9:09 AM

Farrell, Ellen

Accepted: FW : Discuss Boeing press approach

Sensitivity:

Private

1

NLRB-FOIA-00000988

Microsoft Outlook

From:

Sent:

To:

Sophir, Jayme

W ednesday, April 13, 2011 11:51 AM

Dodds, Amy L.

Just got a call from Lafe. Definitely do NOT post the Boeing memo on the SAM board until I tell you to!

Jayme Sophir

Assistant General Counsel

Chief, Regional Advice Branch

National Labor Relations Board

202-273-3837

Tracking:
1

NLRB-FOIA-00000989

Recipient

Delivery

Dodds, Amy L.

Delivered: 4/13/2011 11:51 AM

2

NLRB-FOIA-00000990

Microsoft Outlook

From:

Sent:

To:

Subject:

Sophir, Jayme

W ednesday, April 13, 2011 1:51 PM

Dodds, Amy L.

RE:

He’s just concerned that it not get out to all the Regions in advance of issuance of complaint, since that could lead to

leaks. R 19 is keeping a very close hold on the advice memo while drafting the complaint, which will likely issue early next

week.

From: Dodds, Amy L.

Sent: Wednesday, April 13, 2011 12:29 PM

To: Sophir, Jayme

Subject: RE:

Thanks – I had already made a note of that : ). Want to hear what he said!

From: Sophir, Jayme

Sent: Wednesday, April 13, 2011 11:51 AM

To: Dodds, Amy L.

Subject:

Just got a call from Lafe. Definitely do NOT post the Boeing memo on the SAM board until I tell you to!

Jayme Sophir

Assistant General Counsel

Chief, Regional Advice Branch

National Labor Relations Board

202-273-3837

Tracking:
1

NLRB-FOIA-00000991

Recipient

Delivery

Dodds, Amy L.

Delivered: 4/13/2011 1:51 PM

2

NLRB-FOIA-00000992

Microsoft Outlook

From:

Sent:

To:

Subject:

Sophir, Jayme

W ednesday, April 13, 2011 2:00 PM

Dodds, Amy L.

RE:

I’m looking for her now…

From: Dodds, Amy L.

Sent: Wednesday, April 13, 2011 1:53 PM

To: Sophir, Jayme

Subject: RE:

Does Lynn have to be told not to distribute it electronically, etc?

From: Sophir, Jayme

Sent: Wednesday, April 13, 2011 1:51 PM

To: Dodds, Amy L.

Subject: RE:

He’s just concerned that it not get out to all the Regions in advance of issuance of complaint, since that could lead to

leaks. R 19 is keeping a very close hold on the advice memo while drafting the complaint, which will likely issue early next

week.

From: Dodds, Amy L.

Sent: Wednesday, April 13, 2011 12:29 PM

To: Sophir, Jayme

Subject: RE:

Thanks – I had already made a note of that : ). Want to hear what he said!

From: Sophir, Jayme

Sent: Wednesday, April 13, 2011 11:51 AM

To: Dodds, Amy L.

Subject:

Just got a call from Lafe. Definitely do NOT post the Boeing memo on the SAM board until I tell you to!

Jayme Sophir

Assistant General Counsel

Chief, Regional Advice Branch

National Labor Relations Board

202-273-3837

Tracking:
1

NLRB-FOIA-00000993

Recipient

Delivery

Dodds, Amy L.

Delivered: 4/13/2011 2:00 PM

2

NLRB-FOIA-00000994

Microsoft Outlook

Kearney, Barry J.

Monday, April 25, 2011 7:40 AM

Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; W illen, Debra L

FW : Boeing - seattletimes.com: Boeing's South Carolina 787 assembly line disappointing but

not 'unfair'

From:

Sent:

To:

Subject:

-----Original Message-----

From: Ahearn, Richard L.

Sent: Sunday, April 24, 2011 2:58 PM

To: Solomon, Lafe E.; Mattina, Celeste J.; Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen

Subject: FW: seattletimes.com: Boeing's South Carolina 787 assembly line disappointing but

not 'unfair'

-----Original Message-----

From:

Exemption 6 Privacy

Sent: Sunday, April 24, 2011 7:10 AM

To: Ahearn, Richard L.

Subject: seattletimes.com: Boeing's South Carolina 787 assembly line disappointing but not

'unfair'

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Boeing's South Carolina 787 assembly line disappointing but not 'unfair'

The Seattle Times editorial board does not support the National Labor Relations Board's move

against Boeing.

http://seattletimes.nwsource.com/html/editorials/2014850924_edit24boeing.html

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Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Kearney, Barry J.

Thursday, April 28, 2011 3:51 PM

Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; W illen, Debra L

Ahearn, Richard L.; Solomon, Lafe E.; Mattina, Celeste J.

FW : Boeing - letter from South Carolina and 8 other state ag's about lawsuits

Exemption 5

From: Ferguson, John H.

Sent: Thursday, April 28, 2011 3:24 PM

To: Kearney, Barry J.

Cc: Cleeland, Nancy

Subject: FW: letter from South Carolina and 8 other state ag's about lawsuits

More details

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:20 PM

To: Garza, Jose; Solomon, Lafe E.; Liebman, Wilma B.; Ferguson, John H.

Subject: RE: letter from South Carolina and 8 other state ag's about lawsuits

Here is their letter to congress http://www.scattorneygeneral.org/newsroom/pdf/2011/4.28.11_Letter_to_Congress_2.pdf

Here is their letter to us

http://www.scattorneygeneral.org/newsroom/pdf/2011/4.28.11_NLRB_Letter_Formatted_with_Signatures.pdf

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Garza, Jose

Sent: Thursday, April 28, 2011 3:19 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Liebman, Wilma B.; Ferguson, John H.

Subject: RE: letter from South Carolina and 8 other state ag's about lawsuits

The 8 states have “replied” to the complaint through a letter? To whom? Do we have a copy?

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:14 PM

To: Solomon, Lafe E.; Liebman, Wilma B.; Garza, Jose; Ferguson, John H.

Subject: letter from South Carolina and 8 other state ag's about lawsuits

Please see below; Now there are 9 states going after us. Bloomberg asks if we have a response.

1

NLRB-FOIA-00000997

Columbia - South Carolina Attorney General Alan Wilson and eight (8) other state attorneys general have

replied to a complaint filed against Boeing Corporation by the U.S. National Labor Relations Board (NLRB). The

complaint charges Boeing with the commission of an unfair labor practice, but appears to do so without legal

and factual foundation. The board claims Boeing is prohibited from expanding production of its planes beyond

the reach of unions currently associated with its workers in Washington State. South Carolina is a staunch right

to work state. In reality, Boeing expanded its production of 787 Dreamliners to South Carolina last year in

response to increase in demand. What the NLRB complaint fails to mention is the increased demand for the

planes prompted the creation of over 2,000 new jobs in Washington State first, and continued demand

subsequently required an expansion facility in South Carolina. Recognizing the dangerous precedent this

aggressive action could set against the right to work, job creation, and economic growth in many states, the

attorneys general wrote:

"This complaint represents an assault upon the constitutional right of free speech, and the ability of our states

to create jobs and recruit industry. Your ill-conceived retaliatory action seeks to destroy our citizens' right to

work. It is South Carolina and Boeing today, but will be any of our states, with our right to work guarantees,

tomorrow."

"...this tenuous complaint will reverberate throughout union and non-union states alike, as international

companies will question the wisdom of locating in a country where the federal government interferes in industry

without cause or justification."

"Our states are struggling to emerge from one of the worst economic collapses since the Depression. Your

complaint further impairs an economic recovery. Intrusion by the federal bureaucracy on behalf of unions will

not create a single new job or put one unemployed person back to work."

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00000998

Microsoft Outlook

Start:

End:

W ed 10/26/2011 12:00 PM

W ed 10/26/2011 12:30 PM

Recurrence:

(none)

1

NLRB-FOIA-00000999

Microsoft Outlook

Subject:

Location:

The Boeing Company - Case 19-CA-32431

BJK's Office

Start:

End:

Thu 10/7/2010 10:00 AM

Thu 10/7/2010 11:00 AM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Bush, Lynn; Kearney, Barry J.; Sophir, Jayme; Szapiro, Miriam; W illen, Debra L; Baniszewski,

Joseph

When: Thursday, October 07, 2010 10:00 AM-11:00 AM (GMT-05:00) Eastern Time (US & Canada).

Where: BJK's Office

*~*~*~*~*~*~*~*~*~*

Agenda with Barry!!!!!!

1

NLRB-FOIA-00001000

Microsoft Outlook

From:

Sent:

To:

Subject:

Szapiro, Miriam

Tuesday, October 05, 2010 3:32 PM

Bush, Lynn

Accepted: The Boeing Company - Case 19-CA-32431

1

NLRB-FOIA-00001001

Microsoft Outlook

From:

Sent:

To:

Subject:

Sophir, Jayme

W ednesday, October 06, 2010 5:39 PM

W illen, Debra L; Szapiro, Miriam

boeing

Can one of you email me a copy of your Boeing “draft” so I can look at it before the agenda tomorrow?

Jayme Sophir

Assistant General Counsel

Chief, Regional Advice Branch

National Labor Relations Board

202-273-3837

1

NLRB-FOIA-00001002

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Kearney, Barry J.

Thursday, October 07, 2010 2:21 PM

Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; W illen, Debra L

Bush, Lynn

Boeing

th

GC agenda set for Monday the 18
at 2

1

NLRB-FOIA-00001003

Microsoft Outlook

Start:

End:

W ed 10/26/2011 12:00 PM

W ed 10/26/2011 12:30 PM

Recurrence:

(none)

1

NLRB-FOIA-00001004

Microsoft Outlook

From:

Sent:

To:

Subject:

Szapiro, Miriam

Thursday, October 07, 2010 3:49 PM

Bush, Lynn

Accepted: Boeing Company - Case 19-CA-32431

1

NLRB-FOIA-00001005

Microsoft Outlook

From:

Sent:

To:

Subject:

Sophir, Jayme

Tuesday, October 12, 2010 12:40 PM

Szapiro, Miriam

boeing

Why did you give me the draft? Shouldn’t it go right to Barry?

Jayme Sophir

Assistant General Counsel

Chief, Regional Advice Branch

National Labor Relations Board

202-273-3837

1

NLRB-FOIA-00001006

Microsoft Outlook

From:

Sent:

To:

Subject:

Szapiro, Miriam

Tuesday, October 12, 2010 12:46 PM

Sophir, Jayme

RE: boeing

It went to Barry; we thought you said you wanted to see it too, but you don’t have to.

From: Sophir, Jayme

Sent: Tuesday, October 12, 2010 12:40 PM

To: Szapiro, Miriam

Subject: boeing

Why did you give me the draft? Shouldn’t it go right to Barry?

Jayme Sophir

Assistant General Counsel

Chief, Regional Advice Branch

National Labor Relations Board

202-273-3837

Tracking:
1

NLRB-FOIA-00001007

Recipient

Read

Sophir, Jayme

Read: 10/12/2010 12:50 PM

2

NLRB-FOIA-00001008

Microsoft Outlook

From:

Sent:

To:

Subject:

Szapiro, Miriam

Tuesday, October 12, 2010 12:52 PM

Sophir, Jayme

RE: boeing

I’ll check w/ Deb. Not sure why you would’ve gotten a packet…

Miriam Szapiro

Supervisory attorney

NLRB Division of Advice

202-273-0998

Miriam.Szapiro@nlrb.gov

From: Sophir, Jayme

Sent: Tuesday, October 12, 2010 12:51 PM

To: Szapiro, Miriam

Subject: RE: boeing

Ok. It looked like I got a whole packet of drafts, so that’s why I was confused. Also, I didn’t see it on Barry’s desk when I

went in there…

From: Szapiro, Miriam

Sent: Tuesday, October 12, 2010 12:46 PM

To: Sophir, Jayme

Subject: RE: boeing

It went to Barry; we thought you said you wanted to see it too, but you don’t have to.

From: Sophir, Jayme

Sent: Tuesday, October 12, 2010 12:40 PM

To: Szapiro, Miriam

Subject: boeing

Why did you give me the draft? Shouldn’t it go right to Barry?

Jayme Sophir

Assistant General Counsel

Chief, Regional Advice Branch

National Labor Relations Board

202-273-3837

Tracking:
1

NLRB-FOIA-00001009

Recipient

Read

Sophir, Jayme

Deleted: 10/28/2010 9:02 AM

2

NLRB-FOIA-00001010

Microsoft Outlook

From:

Sent:

To:

Subject:

Sophir, Jayme

Monday, October 18, 2010 5:22 PM

W illen, Debra L; Szapiro, Miriam

Boeing

Can you guys come see me first thing tomorrow morning about changes to the memo, etc.? (my “first thing” might be

later than your “first thing” but you know what I mean).

Jayme Sophir

Assistant General Counsel

Chief, Regional Advice Branch

National Labor Relations Board

202-273-3837

1

NLRB-FOIA-00001011

Microsoft Outlook

From:

Sent:

To:

Subject:

Szapiro, Miriam

Monday, December 13, 2010 10:59 AM

Sophir, Jayme

Accepted: Boeing

1

NLRB-FOIA-00001012

Microsoft Outlook

From:

Sent:

To:

Subject:

W illen, Debra L

Tuesday, January 04, 2011 4:42 PM

Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Katz, Judy; Szapiro, Miriam; Omberg, Bob

Boeing -- union counsel dates

Union counsel would like to come in for their presentation on Thursday, January 20 or, if that doesn’t work, Wednesday,

January 19. I have checked with Ernestine and Lafe is available both dates. Does anyone have a conflict with either of

these dates?

Please let me know as soon as possible, as I promised to get back to Ernestine tomorrow.

Thanks, Deb

1

NLRB-FOIA-00001013

Microsoft Outlook

From:

Sent:

To:

Subject:

Sophir, Jayme

Tuesday, January 04, 2011 4:47 PM

W illen, Debra L; Kearney, Barry J.; Farrell, Ellen; Katz, Judy; Szapiro, Miriam; Omberg, Bob

RE: Boeing -- union counsel dates

Fine with me

From: Willen, Debra L

Sent: Tuesday, January 04, 2011 4:42 PM

To: Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Katz, Judy; Szapiro, Miriam; Omberg, Bob

Subject: Boeing -- union counsel dates

Union counsel would like to come in for their presentation on Thursday, January 20 or, if that doesn’t work, Wednesday,

January 19. I have checked with Ernestine and Lafe is available both dates. Does anyone have a conflict with either of

these dates?

Please let me know as soon as possible, as I promised to get back to Ernestine tomorrow.

Thanks, Deb

1

NLRB-FOIA-00001014

Microsoft Outlook

From:

Sent:

To:

Subject:

Farrell, Ellen

Tuesday, January 04, 2011 4:53 PM

W illen, Debra L; Kearney, Barry J.; Sophir, Jayme; Katz, Judy; Szapiro, Miriam; Omberg, Bob

RE: Boeing -- union counsel dates

th

Other than our monthly staff meeting on the 20
at 10, I’m free. Is Rich coming in for this one as well?

Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Willen, Debra L

Sent: Tuesday, January 04, 2011 4:42 PM

To: Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Katz, Judy; Szapiro, Miriam; Omberg, Bob

Subject: Boeing -- union counsel dates

Union counsel would like to come in for their presentation on Thursday, January 20 or, if that doesn’t work, Wednesday,

January 19. I have checked with Ernestine and Lafe is available both dates. Does anyone have a conflict with either of

these dates?

Please let me know as soon as possible, as I promised to get back to Ernestine tomorrow.

Thanks, Deb

1

NLRB-FOIA-00001015

Microsoft Outlook

Katz, Judy

Tuesday, January 04, 2011 4:54 PM

Farrell, Ellen; W illen, Debra L; Kearney, Barry J.; Sophir, Jayme; Szapiro, Miriam; Omberg,

Bob

RE: Boeing -- union counsel dates

From:

Sent:

To:

Subject:

th

Same for me on the 20
.

From: Farrell, Ellen

Sent: Tuesday, January 04, 2011 4:53 PM

To: Willen, Debra L; Kearney, Barry J.; Sophir, Jayme; Katz, Judy; Szapiro, Miriam; Omberg, Bob

Subject: RE: Boeing -- union counsel dates

th

Other than our monthly staff meeting on the 20
at 10, I’m free. Is Rich coming in for this one as well?

Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Willen, Debra L

Sent: Tuesday, January 04, 2011 4:42 PM

To: Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Katz, Judy; Szapiro, Miriam; Omberg, Bob

Subject: Boeing -- union counsel dates

Union counsel would like to come in for their presentation on Thursday, January 20 or, if that doesn’t work, Wednesday,

January 19. I have checked with Ernestine and Lafe is available both dates. Does anyone have a conflict with either of

these dates?

Please let me know as soon as possible, as I promised to get back to Ernestine tomorrow.

Thanks, Deb

1

NLRB-FOIA-00001016

Microsoft Outlook

Kearney, Barry J.

Tuesday, January 04, 2011 5:16 PM

Katz, Judy; Farrell, Ellen; W illen, Debra L; Sophir, Jayme; Szapiro, Miriam; Omberg, Bob

RE: Boeing -- union counsel dates

From:

Sent:

To:

Subject:

I talked to Ahearn. Make it the 19th

From: Katz, Judy

Sent: Tuesday, January 04, 2011 4:54 PM

To: Farrell, Ellen; Willen, Debra L; Kearney, Barry J.; Sophir, Jayme; Szapiro, Miriam; Omberg, Bob

Subject: RE: Boeing -- union counsel dates

th

Same for me on the 20
.

From: Farrell, Ellen

Sent: Tuesday, January 04, 2011 4:53 PM

To: Willen, Debra L; Kearney, Barry J.; Sophir, Jayme; Katz, Judy; Szapiro, Miriam; Omberg, Bob

Subject: RE: Boeing -- union counsel dates

th

Other than our monthly staff meeting on the 20
at 10, I’m free. Is Rich coming in for this one as well?

Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Willen, Debra L

Sent: Tuesday, January 04, 2011 4:42 PM

To: Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Katz, Judy; Szapiro, Miriam; Omberg, Bob

Subject: Boeing -- union counsel dates

Union counsel would like to come in for their presentation on Thursday, January 20 or, if that doesn’t work, Wednesday,

January 19. I have checked with Ernestine and Lafe is available both dates. Does anyone have a conflict with either of

these dates?

Please let me know as soon as possible, as I promised to get back to Ernestine tomorrow.

Thanks, Deb

1

NLRB-FOIA-00001017

Microsoft Outlook

From:

Sent:

To:

Subject:

W illen, Debra L

W ednesday, January 05, 2011 1:09 PM

Kearney, Barry J.; Katz, Judy; Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; Omberg, Bob;

Ahearn, Richard L.

Boeing -- union counsel dates

We are confirmed with the Acting General Counsel for Wednesday, January 19, at 1:30 p.m.

I will forward you a list of the individuals coming in as soon as I get them.

Thanks,

Deb

1

NLRB-FOIA-00001018

Microsoft Outlook

Subject:

Boeing mtg

Start:

End:

W ed 1/19/2011 1:30 PM

W ed 1/19/2011 3:30 PM

Recurrence:

(none)

1

NLRB-FOIA-00001019

Microsoft Outlook

From:

Sent:

To:

Subject:

Kearney, Barry J.

Tuesday, January 18, 2011 10:03 AM

Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; W illen, Debra L; Ahearn, Richard L.

Boeing

We are set to meet with Lafe tomorrow at 11. Let us meet at 9:30 am tomorrow

1

NLRB-FOIA-00001020

Microsoft Outlook

From:

Sent:

To:

Subject:

W illen, Debra L

Tuesday, January 18, 2011 10:29 AM

Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; Ahearn, Richard L.; Katz,

Judy; Omberg, Bob

Boeing Delays 787 Delivery Until At Least July : NPR

http://www.npr.org/2011/01/18/133017917/boeing-delays-787-delivery-until-at-least-july

1

NLRB-FOIA-00001021

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Kearney, Barry J.

Thursday, January 20, 2011 8:01 AM

Szapiro, Miriam; W illen, Debra L

Farrell, Ellen; Sophir, Jayme

Boeing

I would like to meet at 10:30 to go over your latest draft ( 10/20 )

1

NLRB-FOIA-00001022

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Szapiro, Miriam

Thursday, January 20, 2011 8:06 AM

Kearney, Barry J.; W illen, Debra L

Farrell, Ellen; Sophir, Jayme

RE: Boeing

OK

From: Kearney, Barry J.

Sent: Thursday, January 20, 2011 8:01 AM

To: Szapiro, Miriam; Willen, Debra L

Cc: Farrell, Ellen; Sophir, Jayme

Subject: Boeing

I would like to meet at 10:30 to go over your latest draft ( 10/20 )

Tracking:
1

NLRB-FOIA-00001023

Recipient

Read

Kearney, Barry J.

Read: 1/20/2011 8:21 AM

Willen, Debra L

Farrell, Ellen

Read: 1/20/2011 8:25 AM

Sophir, Jayme

2

NLRB-FOIA-00001024

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Farrell, Ellen

Thursday, January 20, 2011 8:25 AM

Szapiro, Miriam; Kearney, Barry J.; W illen, Debra L

Sophir, Jayme

Re: Boeing

I have a10 agenda. Can we do this at 11?

Ellen

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Szapiro, Miriam

To: Kearney, Barry J.; Willen, Debra L

Cc: Farrell, Ellen; Sophir, Jayme

Sent: Thu Jan 20 08:06:20 2011

Subject: RE: Boeing

OK

From: Kearney, Barry J.

Sent: Thursday, January 20, 2011 8:01 AM

To: Szapiro, Miriam; Willen, Debra L

Cc: Farrell, Ellen; Sophir, Jayme

Subject: Boeing

I would like to meet at 10:30 to go over your latest draft ( 10/20 )

1

NLRB-FOIA-00001025

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Kearney, Barry J.

Thursday, January 20, 2011 8:27 AM

Farrell, Ellen; Szapiro, Miriam; W illen, Debra L

Sophir, Jayme; Ahearn, Richard L.

RE: Boeing

ok

From: Farrell, Ellen

Sent: Thursday, January 20, 2011 8:25 AM

To: Szapiro, Miriam; Kearney, Barry J.; Willen, Debra L

Cc: Sophir, Jayme

Subject: Re: Boeing

I have a10 agenda. Can we do this at 11?

Ellen

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Szapiro, Miriam

To: Kearney, Barry J.; Willen, Debra L

Cc: Farrell, Ellen; Sophir, Jayme

Sent: Thu Jan 20 08:06:20 2011

Subject: RE: Boeing

OK

From: Kearney, Barry J.

Sent: Thursday, January 20, 2011 8:01 AM

To: Szapiro, Miriam; Willen, Debra L

Cc: Farrell, Ellen; Sophir, Jayme

Subject: Boeing

I would like to meet at 10:30 to go over your latest draft ( 10/20 )

1

NLRB-FOIA-00001026

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

W illen, Debra L

Thursday, January 20, 2011 8:40 AM

Kearney, Barry J.; Farrell, Ellen; Szapiro, Miriam

Sophir, Jayme; Ahearn, Richard L.

RE: Boeing

Okay

From: Kearney, Barry J.

Sent: Thursday, January 20, 2011 8:27 AM

To: Farrell, Ellen; Szapiro, Miriam; Willen, Debra L

Cc: Sophir, Jayme; Ahearn, Richard L.

Subject: RE: Boeing

ok

From: Farrell, Ellen

Sent: Thursday, January 20, 2011 8:25 AM

To: Szapiro, Miriam; Kearney, Barry J.; Willen, Debra L

Cc: Sophir, Jayme

Subject: Re: Boeing

I have a10 agenda. Can we do this at 11?

Ellen

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Szapiro, Miriam

To: Kearney, Barry J.; Willen, Debra L

Cc: Farrell, Ellen; Sophir, Jayme

Sent: Thu Jan 20 08:06:20 2011

Subject: RE: Boeing

OK

From: Kearney, Barry J.

Sent: Thursday, January 20, 2011 8:01 AM

To: Szapiro, Miriam; Willen, Debra L

Cc: Farrell, Ellen; Sophir, Jayme

Subject: Boeing

I would like to meet at 10:30 to go over your latest draft ( 10/20 )

1

NLRB-FOIA-00001027

Microsoft Outlook

From:

Sent:

To:

Subject:

W illen, Debra L

Monday, March 28, 2011 11:46 AM

Sophir, Jayme; Szapiro, Miriam

RE: IAM 751 and Boeing, Case No. 19-CA-32431

Constance gave me the hard copy so we’re good.

From: Sophir, Jayme

Sent: Monday, March 28, 2011 11:42 AM

To: Willen, Debra L; Szapiro, Miriam

Subject: FW: IAM 751 and Boeing, Case No. 19-CA-32431

Sorry, I didn’t realize you hadn’t gotten this.

From: Kearney, Barry J.

Sent: Monday, March 21, 2011 3:56 PM

To: Sophir, Jayme; Farrell, Ellen

Subject: Fw: IAM 751 and Boeing, Case No. 19-CA-32431

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Jude Bryan <bryan@workerlaw.com>

To: Solomon, Lafe E.; Kearney, Barry J.

Cc: rmichalski@iamaw.org <rmichalski@iamaw.org>; Corson Christopher <ccorson@iamaw.org>; tomw@iam751.org

<tomw@iam751.org>; Blondin Mark <mblondin@iamaw.org>; David Campbell <campbell@workerlaw.com>; Carson

Glickman-Flora <flora@workerlaw.com>; Kathy Barnard <barnard@workerlaw.com>

Sent: Mon Mar 21 15:51:59 2011

Subject: IAM 751 and Boeing, Case No. 19-CA-32431

Mr. Solomon & Mr. Kearney:

Attached is a letter from Mr. Campbell in support of the Union’s charge in Case No. 19-CA-32431.

Jude Bryan, Paralegal | Schwerin Campbell Barnard Iglitzin & Lavitt LLP | 18 West Mercer Street, Ste. 400, Seattle, WA 98119-3971; Phone:

206.285.2828 Ext. 21; Fax: 206-378-4132 | www.workerlaw.com

This communication is intended for a specific recipient and may be protected by the attorney client and work-product privilege.

If you receive this message in error, please permanently delete it and notify the sender.

1

NLRB-FOIA-00001028

Microsoft Outlook

From:

Sent:

To:

Subject:

Sophir, Jayme

Thursday, April 14, 2011 1:31 PM

Szapiro, Miriam; W illen, Debra L

Boeing

Come by if you want a quick report about a meeting yesterday with our public affairs office.

Jayme Sophir

Assistant General Counsel

Chief, Regional Advice Branch

National Labor Relations Board

202-273-3837

1

NLRB-FOIA-00001029

Microsoft Outlook

Kearney, Barry J.

Monday, April 25, 2011 7:40 AM

Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; W illen, Debra L

FW : seattletimes.com: Boeing's South Carolina 787 assembly line disappointing but not

'unfair'

From:

Sent:

To:

Subject:

-----Original Message-----

From: Ahearn, Richard L.

Sent: Sunday, April 24, 2011 2:58 PM

To: Solomon, Lafe E.; Mattina, Celeste J.; Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen

Subject: FW: seattletimes.com: Boeing's South Carolina 787 assembly line disappointing but

not 'unfair'

-----Original Message-----

From:

Exemption 6 Privacy

Sent: Sunday, April 24, 2011 7:10 AM

To: Ahearn, Richard L.

Subject: seattletimes.com: Boeing's South Carolina 787 assembly line disappointing but not

'unfair'

This message was sent to you by

Exemption 6 Privacy

as a service of The Seattle Times

http://www.seattletimes.com.

----------------------------------------------------------------------

Boeing's South Carolina 787 assembly line disappointing but not 'unfair'

The Seattle Times editorial board does not support the National Labor Relations Board's move

against Boeing.

http://seattletimes.nwsource.com/html/editorials/2014850924_edit24boeing.html

======================================================================

TO SUBSCRIBE TO THE SEATTLE TIMES PRINT EDITION

Call (206) 464-2121 or 1-800-542-0820, or go to http://seattletimes.com/subscribe

HOW TO ADVERTISE WITH THE SEATTLE TIMES COMPANY ONLINE For information on advertising in this

e-mail newsletter, or other online marketing platforms with The Seattle Times Company, call

(206) 464-3237 or e-mail websales@seattletimes.com

TO ADVERTISE IN THE SEATTLE TIMES PRINT EDITION Please go to

http://www.seattletimescompany.com/advertise

for information.

======================================================================

Copyright (c) 2009 The Seattle Times Company
1

NLRB-FOIA-00001030

www.seattletimes.com

2

NLRB-FOIA-00001031

Microsoft Outlook

From:

Sent:

To:

Subject:

Szapiro, Miriam

Tuesday, April 26, 2011 8:06 AM

W illen, Debra L; Sophir, Jayme

RE: Boeing and the N.L.R.B. - NYTimes.com

That's great.

-----Original Message-----

From: Willen, Debra L

Sent: Tuesday, April 26, 2011 8:03 AM

To: Szapiro, Miriam; Sophir, Jayme

Subject: Boeing and the N.L.R.B. - NYTimes.com

http://www.nytimes.com/2011/04/26/opinion/26tue2.html?_r=1&adxnnl=1&partner=rssnyt&emc=rss&ad

xnnlx=1303819217-gvLft3yEJ9BQsz6F7r/iOg

Tracking:
1

NLRB-FOIA-00001032

Recipient

Read

Willen, Debra L

Read: 4/26/2011 8:26 AM

Sophir, Jayme

2

NLRB-FOIA-00001033

Microsoft Outlook

NLRB Attorney in Advice

From:

Sent:

To:

Subject:

W ednesday, April 27, 2011 8:17 AM

W illen, Debra L; Szapiro, Miriam

FW :

One “everyman’s” [my dad] opinion about Boeing. 

Exemption 6 - Privacy

From:

Sent: Tuesday, April 26, 2011 8:07 PM

To:

NLRB Attorney in Advice

Subject: Re:

Good! Bout damn time.

-----Original Message-----

From:

NLRB Attorney in Advice

Non-Responsive
Sent: Tue, Apr 26, 2011 1:06 pm

http://seattletimes.nwsource.com/html/businesstechnology/2014851805_nlrb23.html

1

NLRB-FOIA-00001034

Microsoft Outlook

Szapiro, Miriam

W ednesday, April 27, 2011 8:19 AM

NLRB Attorney in Advice .; W illen, Debra L

RE:

From:

Sent:

To:

Subject:

Yay! I always liked your Dad  (tho based on your prior descriptions, I’m not sure if he qualifies as an everyman. And I

mean that in the best possible way).

NLRB Attorney in Advice

From:

Sent: Wednesday, April 27, 2011 8:17 AM

To: Willen, Debra L; Szapiro, Miriam

Subject: FW:

One “everyman’s” [my dad] opinion about Boeing. 

From

Exemption 6 Privacy

]

Sent: Tuesday, April 26, 2011 8:07 PM

To:

NLRB Attorney in Advice

Subject: Re:

Good! Bout damn time.

-----Original Message-----

From:
To:

NLRB Attorney in Advice

Exemption 6 - Privacy

Sent: Tue, Apr 26, 2011 1:06 pm

http://seattletimes.nwsource.com/html/businesstechnology/2014851805_nlrb23.html

Tracking:
1

NLRB-FOIA-00001035

Read

Recipient

NLRB Attorney in Advice

Read: 4/27/2011 8:20 AM

Willen, Debra L

2

NLRB-FOIA-00001036

Microsoft Outlook

W illen, Debra L

W ednesday, April 27, 2011 8:20 AM

NLRB Attorney in Advice Szapiro, Miriam

RE:

From:

Sent:

To:

Subject:

Tell your dad he made my day!

From:

NLRB Attorney in Advice

Sent: Wednesday, April 27, 2011 8:17 AM

To: Willen, Debra L; Szapiro, Miriam

Subject: FW:

One “everyman’s” [my dad] opinion about Boeing. 

From:

Exemption 6 Privacy

Sent: Tuesday, April 26, 2011 8:07 PM

To:

NLRB Attorney in Advice

.

Subject: Re:

Good! Bout damn time.

-----Original Message-----

NLRB Attorney in Advice
From:
To:

Exemption 6 Privacy

Sent: Tue, Apr 26, 2011 1:06 pm

http://seattletimes.nwsource.com/html/businesstechnology/2014851805_nlrb23.html

1

NLRB-FOIA-00001037

Microsoft Outlook

From:

Sent:

To:

Subject:

NLRB Attorney in Advice

W ednesday, April 27, 2011 8:21 AM

Szapiro, Miriam; W illen, Debra L

RE:

Thanks. I think he’s pretty special, but he fancies himself just an ordinary guy.

From: Szapiro, Miriam

Sent: Wednesday, April 27, 2011 8:19 AM

To: NLRB Attorney in Advice; Willen, Debra L

Subject: RE:

Yay! I always liked your Dad  (tho based on your prior descriptions, I’m not sure if he qualifies as an everyman. And I

mean that in the best possible way).

From:

NLRB Attorney in Advice

Sent: Wednesday, April 27, 2011 8:17 AM

To: Willen, Debra L; Szapiro, Miriam

Subject: FW:

One “everyman’s” [my dad] opinion about Boeing. 

From:

Exemption 6 - Privacy

Sent: Tuesday, April 26, 2011 8:07 PM

To:

NLRB Attorney in Advice

Subject: Re:

Good! Bout damn time.

-----Original Message-----

From:
To:

NLRB Attorney in Advice

Exemption 6 Privacy

Sent: Tue, Apr 26, 2011 1:06 pm

http://seattletimes.nwsource.com/html/businesstechnology/2014851805_nlrb23.html

1

NLRB-FOIA-00001038

Microsoft Outlook

Szapiro, Miriam

W ednesday, April 27, 2011 8:22 AM

NLRB Attorney in Advice W illen, Debra L

RE:

From:

Sent:

To:

Subject:

Hahah cool

From:
NLRB Attorney in Advice
Sent: Wednesday, April 27, 2011 8:21 AM

To: Szapiro, Miriam; Willen, Debra L

Subject: RE:

Thanks. I think he’s pretty special, but he fancies himself just an ordinary guy.

From: Szapiro, Miriam

Sent: Wednesday, April 27, 2011 8:19 AM

To:

NLRB Attorney in Advice

Willen, Debra L

Subject: RE:

Yay! I always liked your Dad  (tho based on your prior descriptions, I’m not sure if he qualifies as an everyman. And I

mean that in the best possible way).

From:

NLRB Attorney in Advice

Sent: Wednesday, April 27, 2011 8:17 AM

To: Willen, Debra L; Szapiro, Miriam

Subject: FW:

One “everyman’s” [my dad] opinion about Boeing. 

From:

Exemption 6 - Privacy

Sent: Tuesday, April 26, 2011 8:07 PM

To:

NLRB Attorney in Advice

Subject: Re:

Good! Bout damn time.

-----Original Message-----

From:
To:

NLRB Attorney in Advice

Exemption 6 Privacy

Sent: Tue, Apr 26, 2011 1:06 pm

http://seattletimes.nwsource.com/html/businesstechnology/2014851805_nlrb23.html

Tracking:
1

NLRB-FOIA-00001039

Read

Recipient

NLRB Attorney in Advice
Willen, Debra L

Read: 4/27/2011 8:43 AM

Read: 4/27/2011 8:40 AM

2

NLRB-FOIA-00001040

Microsoft Outlook

From:

Sent:

To:

Subject:

Szapiro, Miriam

Thursday, May 05, 2011 8:53 AM

W illen, Debra L

phew, never mind, it's nlpc, not the W SJ

http://nlpc.org/stories/2011/05/04/nlrb-sues-boeing-seeks-end-commercial-jet-production-south-carolina

Tracking:
1

NLRB-FOIA-00001041

Recipient

Read

Willen, Debra L

Read: 5/5/2011 9:16 AM

2

NLRB-FOIA-00001042

Microsoft Outlook

From:

Sent:

To:

Subject:

W illen, Debra L

Thursday, May 05, 2011 10:09 AM

Szapiro, Miriam

RE: phew, never mind, it's nlpc, not the W SJ

Just read this – oy.

From: Szapiro, Miriam

Sent: Thursday, May 05, 2011 8:53 AM

To: Willen, Debra L

Subject: phew, never mind, it's nlpc, not the WSJ

http://nlpc.org/stories/2011/05/04/nlrb-sues-boeing-seeks-end-commercial-jet-production-south-carolina

1

NLRB-FOIA-00001043

The most radical thing the Obama

administration has done.

O

n April 20, Lafe Solomon,

the acting general counsel of

the National Labor Relations

Board (nlrb), issued a complaint

against Boeing. Two years ago, the

company had announced it was transferring

the production of 2,000 airplanes

from a unionized plant in Puget Sound,

Washington, to a non-union plant outside

Charleston, South Carolina. According

to Solomon’s complaint, what made

this decision illegal was the company’s

motive. High-level Boeing officials had

stated publicly that the move was being

made in response to strikes—four over

the previous two decades—led by the

machinists’ union at the Puget Sound

facility. If Boeing had said the move was

dictated by costs or by the weather, the

nlrb would not have cried foul.

Forty or fifty years ago, these kinds

of cases were common. Now, there are

fewer of them—but not because companies

are better-behaved. Ever since the

Reagan administration, which crippled

the nlrb, companies have been free to

operate with impunity, moving plants or

simply threatening to do so in order to

quell organizing efforts. That’s why Solomon’s

complaint, which might have gone

unnoticed a generation ago, may be the

most radical thing the Obama administration

has done.

The nlrb’s complaint has, predictably,

provoked howls of outrage fromthe Chamber of Commerce, the National

Association of Manufacturers, and Boeing

itself, which called it “legally frivolous.”

Nine Republican attorneys general

have demanded that the nlrb withdraw

the complaint, while others on the right

have suggested darkly that the agency’s

real motives are political. “This is nothing

more than a political favor for the unions

who are supporting President Obama’s reelection

campaign,” charged South Carolina

Republican Senator Jim DeMint.

In fact, the President and the White

House had nothing to do with the decision.

As for Solomon, he is a 39-year civil

servant with no history of labor militancy.

His complaint stems from a fairly uncontroversial

reading of the 1935 National

NLRB-FOIA-00001044

Labor Relations Act (nlra), and its subsequent

interpretation by the courts, according

to Karl Klare of Northeastern

University’s School of Law. Under the

nlra, employers are guilty of an “unfair

labor practice” if they “interfere with, restrain,

or coerce employees” in the exercise

of their right to “form,

join or assist labor organizations,

to bargain collectively

. . . and to engage in other concerted

activities for the purpose

of collective bargaining

or other mutual aid or protection.”

That means it’s illegal

for a business to threaten

or penalize workers for seeking to organize

a union or going on strike.

According to Solomon’s complaint,

there is compelling evidence that Boeing

did just that. Solomon cited five public

statements by Boeing top executives

saying that they were transferring the

jobs to South Carolina to avoid strikes.

For instance, on October 21, 2009, Boeing

CEO Jim McNerney posted a statement

on the company’s intranet, which

is accessible to all employees, attributing

the decision to “strikes happening

every three or four years in Puget

Sound.” Such a comment can be seen as

an attempt to interfere with the right to

strike: It implies that if employees do so,

they will lose work to non-unionized

plants in other states.

Solomon’s complaint is not a ruling,

but is instead more akin to a criminal indictment,

in that it merely seeks to establish

whether there are reasonable

grounds for believing an employer has

committed an unfair labor practice. By

that standard, the complaint is entirely

fair. It sets in motion a trial by an administrative

law judge in Seattle on June 14.

The loser can appeal that decision to the

nlrb, whose decision can in turn be appealed

before a federal court.

If the case goes that far, Boeing stands

a decent chance of prevailing. To win,

the nlrb would need to show that Boeing

executives intended their words to

have a chilling effect on the machinists’

rights—but sinister motives are notoriously

difficult to prove, even when statements

like those of McNerney are in the

public record. Ultimately, the case’s fate

may rest with the political inclinations

of the judges. In a 1982 case, Weather

Tamer v. NLRB, judges on the generally

NLRB-FOIA-00001045

conservative eleventh circuit threw

out an nlrb ruling against an employer.

The court had been presented with a record

of a supervisor stating that if workers

joined a union, the company would

close the plant but ruled that this statement

was not “sufficient to establish a

motive to chill unionism.”

Business groups claim that if Boeing

loses, no company will be free to hire or

fire workers without second-guessing

from the nlrb. But there’s another, unstated,

reason why Republicans

and conservatives are so

worried about this case. Since

the passage of the Taft-Hartley

law in 1947, which allowed

states to pass right-to-work

laws making union organization

more difficult, the

South and parts of the Rocky

Mountain and Prairie West have become

a haven for private firms attempting to

avoid unionization. That has had a profound

political impact.

The popularity of New Deal liberalism—

from the nlra to Social Security,

taxation—was rooted in the unionized

and primarily white working class of the

North. That working class has been decimated

by the movement of private manufacturing

firms to non-union states and

overseas. It has been supplanted politically

by a private sector non-union working

class more attuned to divisions of

race and religion than of class. That, and

the white Southern backlash to the civil

rights movement, were major factors in

the growth of a new Republican conservatism—

and in America’s tilt rightward

over the last thirty years.

The Boeing case, then, isn’t just

about corporate prerogatives. It’s also

about the future of American politics.

With Solomon’s complaint, the nlrb

has taken a small but definite step toward

restoring an earlier America—one

where politics wasn’t dominated by the

Chamber of Commerce or demagogues

like Jim DeMint, and workers had rights

that mattered.

John B. Judis

NLRB-FOIA-00001046

Microsoft Outlook

W illen, Debra L

Monday, May 09, 2011 3:20 PM

Szapiro, Miriam

FW : Acting General Counsel Lafe Solomon releases statement on Boeing complaint

From:

Sent:

To:

Subject:

From: NLRB Updates

Sent: Monday, May 09, 2011 2:56 PM

To: Willen, Debra L

Subject: Acting General Counsel Lafe Solomon releases statement on Boeing complaint

Contact:

Office of Public Affairs

202-273-1991

publicinfo@nlrb.gov

www.nlrb.gov

Acting General Counsel Lafe Solomon releases statement on Boeing complaint

NLRB Acting General Counsel Lafe Solomon today responded to inquiries regarding a complaint issued April 20 against the Boeing

Company with the following statement:

“Contrary to certain public statements made in recent weeks, there is nothing remarkable or unprecedented about the complaint issued

against the Boeing Company on April 20. The complaint involves matters of fact and law that are not unique to this case, and it was

issued only after a thorough investigation in the field, a further careful review by our attorneys in Washington, and an invitation by me

to the parties to present their case and discuss the possibility of a settlement. Only then did I authorize the complaint alleging that

certain statements and decisions by Boeing officials were discriminatory under our statute.

It is important to note that the issuance of a complaint is just the beginning of a legal process, which now moves to a hearing before an

administrative law judge. That hearing, scheduled for June 14 in Seattle, is the appropriate time and place to argue the merits of the

complaint. The judge’s decision can further be appealed to the Board, and ultimately to the federal courts. At any point in this process,

the parties could reach a settlement agreement and we remain willing to participate in any such discussions at the request of either or

both parties. We hope all interested parties respect the legal process, rather than trying to litigate this case in the media and public

arena.”

Mr. Solomon made the same point today in a brief written response to a letter received earlier this month from Boeing General Counsel

J. Michael Luttig.

For more information about the NLRB, please see our website at www.nlrb.gov. Click here to sign up for email delivery of news

releases and more.

Click here to view this news release on our website.

<hr size=2 width="100%" align=center>

Questions? Contact Us

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GovDelivery, Inc. sending on behalf of National Labor Relations Board · 1099 14th Street, NW ·

Washington DC 20570 · 866-667-6572

2

NLRB-FOIA-00001048

Microsoft Outlook

From:

To:

Sent:

Subject:

David Campbell [campbell@workerlaw.com]

Todd, Dianne

Thursday, April 15, 2010 4:18 PM

Read: RE: Case No. 19-CA-32431

Your message was read on Thursday, April 15, 2010 4:18:29 PM (GMT-05:00) Eastern Time (US & Canada).

1

NLRB-FOIA-00001049

Microsoft Outlook

Subject:

Location:

Boeing Meeting

RD office

Start:

End:

W ed 8/18/2010 1:30 PM

W ed 8/18/2010 2:30 PM

Recurrence:

(none)

Meeting Status:

Meeting organizer

Required Attendees:

Todd, Dianne; Ahearn, Richard L.; Jablonski, Colleen G.

1

NLRB-FOIA-00001050

Microsoft Outlook

Non-Responsive

From: Solomon, Lafe E.

Sent: Tuesday, May 03, 2011 11:58 AM

To: Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Mattina, Celeste J.; Abruzzo, Jennifer; Ahearn,

Richard L.; Garza, Jose

Subject: Fwd:

Sent from my mobile

Begin forwarded message:

From: "Luttig, Michael" <michael.luttig@boeing.com>

To: "Solomon, Lafe E." <Lafe.Solomon@nlrb.gov>

1

NLRB-FOIA-00001051

Page 1 of 1

file://C:\IGCShared\in\23\1.htm

8/29/2011

NLRB-FOIA-00001052

NLRB-FOIA-00001053

NLRB-FOIA-00001054

NLRB-FOIA-00001055

NLRB-FOIA-00001056

NLRB-FOIA-00001057

NLRB-FOIA-00001058

NLRB-FOIA-00001059

NLRB-FOIA-00001060

NLRB-FOIA-00001061

NLRB-FOIA-00001062

Microsoft Outlook

From:

Sent:

To:

Subject:

W agner, Anthony R.

Tuesday, May 03, 2011 4:38 PM

Liebman, W ilma B.; Solomon, Lafe E.; Cleeland, Nancy; Schiff, Robert; Colwell, John F.;

Garza, Jose

Social media trends

There were very few new angles to the Boeing case today, notwithstanding Graham’s floor speech this morning.

The afternoon actually saw more traffic on the Reuters Twitter case than Boeing. A Littler blog lays out what Philip

Gordon, the author, believes are the basic parameters we’re using regarding social media and protected activity.

It also claims that we are collecting cases with the intention of revisiting Register Guard.

http://privacyblog.littler.com/2011/05/articles/labor-relations/the-latest-from-the-nlrb-on-social-

media/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+WorkplacePrivacyCounsel+(Workpla

ce+Privacy+Counsel)&utm_content=Google+Reader

On Boeing, there was little new, mostly a rehash of the arguments already made. The letter from Boeing has not

yet made it to any of the social media channels. The letter from the HELP Republicans made the rounds a bit:

http://help.senate.gov/newsroom/press/release/?id=0a2629be-691e-4ed7-8dc9-2f2b9a632641&groups=Ranking

The SC Attorney General went on Fox Business News to discuss Boeing. No new arguments:

http://video.foxbusiness.com/v/4674218/south-carolina-and-boeing-tee-off-on-nlrb/?playlist_id=87081

Tony Wagner

New Media Specialist | Office of Public Affairs

National Labor Relations Board (NLRB)

1099 14th Street NW, Suite 11550 | Washington, DC 20570

anthony.wagner@nlrb.gov | 202-273-0187 | cell: 202-375-9791

nlrb.gov | m.nlrb.gov | facebook.com/NLRBpage | @nlrb

1

NLRB-FOIA-00001063

Microsoft Outlook

Non-Responsive

From: Wagner, Anthony R.

Sent: Tuesday, May 03, 2011 4:38 PM

To: Liebman, Wilma B.; Solomon, Lafe E.; Cleeland, Nancy; Schiff, Robert; Colwell, John F.; Garza, Jose

Subject: Social media trends

There were very few new angles to the Boeing case today, notwithstanding Graham’s floor speech this morning.

The afternoon actually saw more traffic on the Reuters Twitter case than Boeing. A Littler blog lays out what Philip

Gordon, the author, believes are the basic parameters we’re using regarding social media and protected activity.

It also claims that we are collecting cases with the intention of revisiting Register Guard.

http://privacyblog.littler.com/2011/05/articles/labor-relations/the-latest-from-the-nlrb-on-social-

media/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+WorkplacePrivacyCounsel+(Workpla

ce+Privacy+Counsel)&utm_content=Google+Reader

On Boeing, there was little new, mostly a rehash of the arguments already made. The letter from Boeing has not

yet made it to any of the social media channels. The letter from the HELP Republicans made the rounds a bit:

The SC Attorney General went on Fox Business News to discuss Boeing. No new arguments:

http://video.foxbusiness.com/v/4674218/south-carolina-and-boeing-tee-off-on-nlrb/?playlist_id=87081

http://help.senate.gov/newsroom/press/release/?id=0a2629be-691e-4ed7-8dc9-2f2b9a632641&groups=Ranking

Tony Wagner

New Media Specialist | Office of Public Affairs

National Labor Relations Board (NLRB)

1099 14th Street NW, Suite 11550 | Washington, DC 20570

anthony.wagner@nlrb.gov | 202-273-0187 | cell: 202-375-9791

nlrb.gov | m.nlrb.gov | facebook.com/NLRBpage | @nlrb

1

NLRB-FOIA-00001064

Microsoft Outlook

Non-Responsive

From: Wagner, Anthony R.

Sent: Tuesday, May 03, 2011 4:38 PM

To: Liebman, Wilma B.; Solomon, Lafe E.; Cleeland, Nancy; Schiff, Robert; Colwell, John F.; Garza, Jose

Subject: Social media trends

There were very few new angles to the Boeing case today, notwithstanding Graham’s floor speech this morning.

The afternoon actually saw more traffic on the Reuters Twitter case than Boeing. A Littler blog lays out what Philip

Gordon, the author, believes are the basic parameters we’re using regarding social media and protected activity.

It also claims that we are collecting cases with the intention of revisiting Register Guard.

http://privacyblog.littler.com/2011/05/articles/labor-relations/the-latest-from-the-nlrb-on-social-

media/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+WorkplacePrivacyCounsel+(Workpla

ce+Privacy+Counsel)&utm_content=Google+Reader

On Boeing, there was little new, mostly a rehash of the arguments already made. The letter from Boeing has not

yet made it to any of the social media channels. The letter from the HELP Republicans made the rounds a bit:

http://help.senate.gov/newsroom/press/release/?id=0a2629be-691e-4ed7-8dc9-2f2b9a632641&groups=Ranking

The SC Attorney General went on Fox Business News to discuss Boeing. No new arguments:

http://video.foxbusiness.com/v/4674218/south-carolina-and-boeing-tee-off-on-nlrb/?playlist_id=87081

Tony Wagner

New Media Specialist | Office of Public Affairs

National Labor Relations Board (NLRB)

1099 14th Street NW, Suite 11550 | Washington, DC 20570

anthony.wagner@nlrb.gov | 202-273-0187 | cell: 202-375-9791

nlrb.gov | m.nlrb.gov | facebook.com/NLRBpage | @nlrb

1

NLRB-FOIA-00001065

Microsoft Outlook

Non-Responsive

From: Wagner, Anthony R.

Sent: Tuesday, May 03, 2011 4:38 PM

To: Liebman, Wilma B.; Solomon, Lafe E.; Cleeland, Nancy; Schiff, Robert; Colwell, John F.; Garza, Jose

Subject: Social media trends

There were very few new angles to the Boeing case today, notwithstanding Graham’s floor speech this morning.

The afternoon actually saw more traffic on the Reuters Twitter case than Boeing. A Littler blog lays out what Philip

Gordon, the author, believes are the basic parameters we’re using regarding social media and protected activity.

It also claims that we are collecting cases with the intention of revisiting Register Guard.

http://privacyblog.littler.com/2011/05/articles/labor-relations/the-latest-from-the-nlrb-on-social-

media/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+WorkplacePrivacyCounsel+(Workpla

ce+Privacy+Counsel)&utm_content=Google+Reader

On Boeing, there was little new, mostly a rehash of the arguments already made. The letter from Boeing has not

yet made it to any of the social media channels. The letter from the HELP Republicans made the rounds a bit:

The SC Attorney General went on Fox Business News to discuss Boeing. No new arguments:

http://video.foxbusiness.com/v/4674218/south-carolina-and-boeing-tee-off-on-nlrb/?playlist_id=87081

http://help.senate.gov/newsroom/press/release/?id=0a2629be-691e-4ed7-8dc9-2f2b9a632641&groups=Ranking

Tony Wagner

New Media Specialist | Office of Public Affairs
1

NLRB-FOIA-00001066

National Labor Relations Board (NLRB)

1099 14th Street NW, Suite 11550 | Washington, DC 20570

anthony.wagner@nlrb.gov | 202-273-0187 | cell: 202-375-9791

nlrb.gov | m.nlrb.gov | facebook.com/NLRBpage | @nlrb

2

NLRB-FOIA-00001067

Microsoft Outlook

Subject:

Location:

The Boeing Company - Case 19-CA-32431

BJK's Office

Start:

End:

Thu 10/7/2010 10:00 AM

Thu 10/7/2010 11:00 AM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Bush, Lynn; Kearney, Barry J.; Sophir, Jayme; Szapiro, Miriam; W illen, Debra L; Baniszewski,

Joseph

When: Thursday, October 07, 2010 10:00 AM-11:00 AM (GMT-05:00) Eastern Time (US & Canada).

Where: BJK's Office

*~*~*~*~*~*~*~*~*~*

Agenda with Barry!!!!!!

1

NLRB-FOIA-00001068

Microsoft Outlook

Subject:

Location:

Boeing Company - Case 19-CA-32431

General Counsel's Office

Start:

End:

Mon 10/18/2010 2:00 PM

Mon 10/18/2010 3:00 PM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Bush, Lynn; Kearney, Barry J.; Farrell, Ellen; Szapiro, Miriam; W illen, Debra L; Baniszewski,

Joseph; Sophir, Jayme; Havard, Fred C.

When: Monday, October 18, 2010 2:00 PM-3:00 PM (GMT-05:00) Eastern Time (US & Canada).

Where: General Counsel's Office

*~*~*~*~*~*~*~*~*~*

General Counsel Agenda!!

1

NLRB-FOIA-00001069

Microsoft Outlook

Subject:

Location:

Boeing

Barry's office

Start:

End:

Tue 12/14/2010 10:30 AM

Tue 12/14/2010 11:00 AM

Recurrence:

(none)

Meeting Status:

Accepted

Required Attendees:

Sophir, Jayme; Kearney, Barry J.; Farrell, Ellen; W illen, Debra L; Szapiro, Miriam; Katz, Judy;

Omberg, Bob; Ahearn, Richard L.

When: Tuesday, December 14, 2010 10:30 AM-11:00 AM (GMT-05:00) Eastern Time (US & Canada).

Where: Barry's office

Note: The GMT offset above does not reflect daylight saving time adjustments.

*~*~*~*~*~*~*~*~*~*

1

NLRB-FOIA-00001070

Microsoft Outlook

From:

Sent:

To:

Subject:

W illen, Debra L

W ednesday, January 05, 2011 1:09 PM

Kearney, Barry J.; Katz, Judy; Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; Omberg, Bob;

Ahearn, Richard L.

Boeing -- union counsel dates

We are confirmed with the Acting General Counsel for Wednesday, January 19, at 1:30 p.m.

I will forward you a list of the individuals coming in as soon as I get them.

Thanks,

Deb

1

NLRB-FOIA-00001071

Microsoft Outlook

Subject:

Boeing Co. - Advice

Start:

End:

W ed 1/19/2011 9:30 AM

W ed 1/19/2011 10:30 AM

Recurrence:

(none)

1

NLRB-FOIA-00001072

Microsoft Outlook

Subject:

Boeing Co. - GC

Start:

End:

W ed 1/19/2011 11:00 AM

W ed 1/19/2011 12:00 PM

Recurrence:

(none)

1

NLRB-FOIA-00001073

Microsoft Outlook

Subject:

Boeing Co. - Union Counsel

Start:

End:

W ed 1/19/2011 1:30 PM

W ed 1/19/2011 3:00 PM

Recurrence:

(none)

1

NLRB-FOIA-00001074

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Kearney, Barry J.

Thursday, April 28, 2011 3:51 PM

Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; W illen, Debra L

Ahearn, Richard L.; Solomon, Lafe E.; Mattina, Celeste J.

FW : letter from South Carolina and 8 other state ag's about lawsuits

Exemption 5

From: Ferguson, John H.

Sent: Thursday, April 28, 2011 3:24 PM

To: Kearney, Barry J.

Cc: Cleeland, Nancy

Subject: FW: letter from South Carolina and 8 other state ag's about lawsuits

More details

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:20 PM

To: Garza, Jose; Solomon, Lafe E.; Liebman, Wilma B.; Ferguson, John H.

Subject: RE: letter from South Carolina and 8 other state ag's about lawsuits

Here is their letter to congress http://www.scattorneygeneral.org/newsroom/pdf/2011/4.28.11_Letter_to_Congress_2.pdf

Here is their letter to us

http://www.scattorneygeneral.org/newsroom/pdf/2011/4.28.11_NLRB_Letter_Formatted_with_Signatures.pdf

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Garza, Jose

Sent: Thursday, April 28, 2011 3:19 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Liebman, Wilma B.; Ferguson, John H.

Subject: RE: letter from South Carolina and 8 other state ag's about lawsuits

The 8 states have “replied” to the complaint through a letter? To whom? Do we have a copy?

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:14 PM

To: Solomon, Lafe E.; Liebman, Wilma B.; Garza, Jose; Ferguson, John H.

Subject: letter from South Carolina and 8 other state ag's about lawsuits

Please see below; Now there are 9 states going after us. Bloomberg asks if we have a response.

1

NLRB-FOIA-00001075

Columbia - South Carolina Attorney General Alan Wilson and eight (8) other state attorneys general have

replied to a complaint filed against Boeing Corporation by the U.S. National Labor Relations Board (NLRB). The

complaint charges Boeing with the commission of an unfair labor practice, but appears to do so without legal

and factual foundation. The board claims Boeing is prohibited from expanding production of its planes beyond

the reach of unions currently associated with its workers in Washington State. South Carolina is a staunch right

to work state. In reality, Boeing expanded its production of 787 Dreamliners to South Carolina last year in

response to increase in demand. What the NLRB complaint fails to mention is the increased demand for the

planes prompted the creation of over 2,000 new jobs in Washington State first, and continued demand

subsequently required an expansion facility in South Carolina. Recognizing the dangerous precedent this

aggressive action could set against the right to work, job creation, and economic growth in many states, the

attorneys general wrote:

"This complaint represents an assault upon the constitutional right of free speech, and the ability of our states

to create jobs and recruit industry. Your ill-conceived retaliatory action seeks to destroy our citizens' right to

work. It is South Carolina and Boeing today, but will be any of our states, with our right to work guarantees,

tomorrow."

"...this tenuous complaint will reverberate throughout union and non-union states alike, as international

companies will question the wisdom of locating in a country where the federal government interferes in industry

without cause or justification."

"Our states are struggling to emerge from one of the worst economic collapses since the Depression. Your

complaint further impairs an economic recovery. Intrusion by the federal bureaucracy on behalf of unions will

not create a single new job or put one unemployed person back to work."

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00001076

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Ahearn, Richard L.

Thursday, April 28, 2011 4:01 PM

Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; W illen, Debra L

Solomon, Lafe E.; Mattina, Celeste J.; Cleeland, Nancy

RE: letter from South Carolina and 8 other state ag's about lawsuits

Exemption 6 - Privacy

From: Kearney, Barry J.

Sent: Thursday, April 28, 2011 12:51 PM

To: Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; Willen, Debra L

Cc: Ahearn, Richard L.; Solomon, Lafe E.; Mattina, Celeste J.

Subject: FW: letter from South Carolina and 8 other state ag's about lawsuits

Exemption 5

From: Ferguson, John H.

Sent: Thursday, April 28, 2011 3:24 PM

To: Kearney, Barry J.

Cc: Cleeland, Nancy

Subject: FW: letter from South Carolina and 8 other state ag's about lawsuits

More details

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:20 PM

To: Garza, Jose; Solomon, Lafe E.; Liebman, Wilma B.; Ferguson, John H.

Subject: RE: letter from South Carolina and 8 other state ag's about lawsuits

Here is their letter to congress http://www.scattorneygeneral.org/newsroom/pdf/2011/4.28.11_Letter_to_Congress_2.pdf

Here is their letter to us

http://www.scattorneygeneral.org/newsroom/pdf/2011/4.28.11_NLRB_Letter_Formatted_with_Signatures.pdf

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Garza, Jose

Sent: Thursday, April 28, 2011 3:19 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Liebman, Wilma B.; Ferguson, John H.

Subject: RE: letter from South Carolina and 8 other state ag's about lawsuits

The 8 states have “replied” to the complaint through a letter? To whom? Do we have a copy?
1

NLRB-FOIA-00001077

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:14 PM

To: Solomon, Lafe E.; Liebman, Wilma B.; Garza, Jose; Ferguson, John H.

Subject: letter from South Carolina and 8 other state ag's about lawsuits

Please see below; Now there are 9 states going after us. Bloomberg asks if we have a response.

Columbia - South Carolina Attorney General Alan Wilson and eight (8) other state attorneys general have

replied to a complaint filed against Boeing Corporation by the U.S. National Labor Relations Board (NLRB). The

complaint charges Boeing with the commission of an unfair labor practice, but appears to do so without legal

and factual foundation. The board claims Boeing is prohibited from expanding production of its planes beyond

the reach of unions currently associated with its workers in Washington State. South Carolina is a staunch right

to work state. In reality, Boeing expanded its production of 787 Dreamliners to South Carolina last year in

response to increase in demand. What the NLRB complaint fails to mention is the increased demand for the

planes prompted the creation of over 2,000 new jobs in Washington State first, and continued demand

subsequently required an expansion facility in South Carolina. Recognizing the dangerous precedent this

aggressive action could set against the right to work, job creation, and economic growth in many states, the

attorneys general wrote:

"This complaint represents an assault upon the constitutional right of free speech, and the ability of our states

to create jobs and recruit industry. Your ill-conceived retaliatory action seeks to destroy our citizens' right to

work. It is South Carolina and Boeing today, but will be any of our states, with our right to work guarantees,

tomorrow."

"...this tenuous complaint will reverberate throughout union and non-union states alike, as international

companies will question the wisdom of locating in a country where the federal government interferes in industry

without cause or justification."

"Our states are struggling to emerge from one of the worst economic collapses since the Depression. Your

complaint further impairs an economic recovery. Intrusion by the federal bureaucracy on behalf of unions will

not create a single new job or put one unemployed person back to work."

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222
2

NLRB-FOIA-00001078

nancy.cleeland@nlrb.gov

3

NLRB-FOIA-00001079

Microsoft Outlook

From:

Sent:

To:

Subject:

Szapiro, Miriam

Thursday, May 05, 2011 8:53 AM

W illen, Debra L

phew, never mind, it's nlpc, not the W SJ

http://nlpc.org/stories/2011/05/04/nlrb-sues-boeing-seeks-end-commercial-jet-production-south-carolina

1

NLRB-FOIA-00001080

Microsoft Outlook

NLRB Updates

Monday, May 09, 2011 2:56 PM

W illen, Debra L

Acting General Counsel Lafe Solomon releases statement on Boeing complaint

From:

Sent:

To:

Subject:

Contact:

Office of Public Affairs

202-273-1991

publicinfo@nlrb.gov

www.nlrb.gov

Acting General Counsel Lafe Solomon releases statement on Boeing complaint

NLRB Acting General Counsel Lafe Solomon today responded to inquiries regarding a complaint issued April 20 against the Boeing

Company with the following statement:

“Contrary to certain public statements made in recent weeks, there is nothing remarkable or unprecedented about the complaint issued

against the Boeing Company on April 20. The complaint involves matters of fact and law that are not unique to this case, and it was

issued only after a thorough investigation in the field, a further careful review by our attorneys in Washington, and an invitation by me

to the parties to present their case and discuss the possibility of a settlement. Only then did I authorize the complaint alleging that

certain statements and decisions by Boeing officials were discriminatory under our statute.

It is important to note that the issuance of a complaint is just the beginning of a legal process, which now moves to a hearing before an

administrative law judge. That hearing, scheduled for June 14 in Seattle, is the appropriate time and place to argue the merits of the

complaint. The judge’s decision can further be appealed to the Board, and ultimately to the federal courts. At any point in this process,

the parties could reach a settlement agreement and we remain willing to participate in any such discussions at the request of either or

both parties. We hope all interested parties respect the legal process, rather than trying to litigate this case in the media and public

arena.”

Mr. Solomon made the same point today in a brief written response to a letter received earlier this month from Boeing General Counsel

J. Michael Luttig.

For more information about the NLRB, please see our website at www.nlrb.gov. Click here to sign up for email delivery of news

releases and more.

Click here to view this news release on our website.

Questions? Contact Us

STAY CONNECTED:

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GovDelivery, Inc. sending on behalf of National Labor Relations Board · 1099 14th Street, NW ·

Washington DC 20570 · 866-667-6572

1

NLRB-FOIA-00001081

Microsoft Outlook

From:

Sent:

To:

Subject:

W illen, Debra L

Tuesday, May 24, 2011 8:00 AM

W olin, Michele

FW : letter from South Carolina and 8 other state ag's about lawsuits

From: Kearney, Barry J.

Sent: Thursday, April 28, 2011 3:51 PM

To: Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; Willen, Debra L

Cc: Ahearn, Richard L.; Solomon, Lafe E.; Mattina, Celeste J.

Subject: FW: letter from South Carolina and 8 other state ag's about lawsuits

E 5 & 7(A) deliberative & open case/harm

From: Ferguson, John H.

Sent: Thursday, April 28, 2011 3:24 PM

To: Kearney, Barry J.

Cc: Cleeland, Nancy

Subject: FW: letter from South Carolina and 8 other state ag's about lawsuits

More details

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:20 PM

To: Garza, Jose; Solomon, Lafe E.; Liebman, Wilma B.; Ferguson, John H.

Subject: RE: letter from South Carolina and 8 other state ag's about lawsuits

Here is their letter to congress http://www.scattorneygeneral.org/newsroom/pdf/2011/4.28.11_Letter_to_Congress_2.pdf

Here is their letter to us

http://www.scattorneygeneral.org/newsroom/pdf/2011/4.28.11_NLRB_Letter_Formatted_with_Signatures.pdf

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Garza, Jose

Sent: Thursday, April 28, 2011 3:19 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Liebman, Wilma B.; Ferguson, John H.

Subject: RE: letter from South Carolina and 8 other state ag's about lawsuits

The 8 states have “replied” to the complaint through a letter? To whom? Do we have a copy?

1

NLRB-FOIA-00001082

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:14 PM

To: Solomon, Lafe E.; Liebman, Wilma B.; Garza, Jose; Ferguson, John H.

Subject: letter from South Carolina and 8 other state ag's about lawsuits

Please see below; Now there are 9 states going after us. Bloomberg asks if we have a response.

Columbia - South Carolina Attorney General Alan Wilson and eight (8) other state attorneys general have

replied to a complaint filed against Boeing Corporation by the U.S. National Labor Relations Board (NLRB). The

complaint charges Boeing with the commission of an unfair labor practice, but appears to do so without legal

and factual foundation. The board claims Boeing is prohibited from expanding production of its planes beyond

the reach of unions currently associated with its workers in Washington State. South Carolina is a staunch right

to work state. In reality, Boeing expanded its production of 787 Dreamliners to South Carolina last year in

response to increase in demand. What the NLRB complaint fails to mention is the increased demand for the

planes prompted the creation of over 2,000 new jobs in Washington State first, and continued demand

subsequently required an expansion facility in South Carolina. Recognizing the dangerous precedent this

aggressive action could set against the right to work, job creation, and economic growth in many states, the

attorneys general wrote:

"This complaint represents an assault upon the constitutional right of free speech, and the ability of our states

to create jobs and recruit industry. Your ill-conceived retaliatory action seeks to destroy our citizens' right to

work. It is South Carolina and Boeing today, but will be any of our states, with our right to work guarantees,

tomorrow."

"...this tenuous complaint will reverberate throughout union and non-union states alike, as international

companies will question the wisdom of locating in a country where the federal government interferes in industry

without cause or justification."

"Our states are struggling to emerge from one of the worst economic collapses since the Depression. Your

complaint further impairs an economic recovery. Intrusion by the federal bureaucracy on behalf of unions will

not create a single new job or put one unemployed person back to work."

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00001083

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