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Martin, Andrew

Thursday, May 12, 2011 8:35 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; Hoyte, Joan E.; 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

NLRB Memo Finds No Unfair Labor Practice

In Firing Reporter for Offensive Twitter Posts

A newspaper publisher did not violate the National Labor Relations Act when it fired a reporter for writing

inappropriate and offensive postings on a work-related Twitter account, the National Labor Relations Board

Division of Advice concluded...

Citing NLRB Chairman's View on Relocations,

Solomon Considers Union Information Rights

National Labor Relations Board Acting General Counsel Lafe E. Solomon is considering whether to propose

a new legal standard covering union information requests when an employer is deciding whether to

relocate a plant, according to a memorandum...

APWU Members Vote to Ratify Contract;

Will Raise Wages by 3.5 Percent Over Term

The American Postal Workers Union May 11 announced that union members had ratified by a vote of

69,451 to 22,351 a four-and-one-half-year contract that calls for increasing bargaining unit members'

wages by 3.5 percent over term along...

Ohio Education Union Assesses Members Fee

To Fund Drive to Repeal Rights-Revoking Law

CINCINNATI—The Ohio Education Association (OEA) is building a $5.5 million fund for a campaign to

repeal S.B. 5, the law quashing public employees' collective bargaining rights, by collecting $54 from

every active member....

New Hampshire Governor Vetoes

State Right-to-Work Legislation

BOSTON–New Hampshire Gov. John Lynch (D) May 11 vetoed a right-to-work bill (H.B. 474) that had

been overwhelmingly approved earlier this year in the House and Senate....

Backus nurses OK union

Norwich Bulletin (AP) – 05/11/11 23:57 –

Words matched: National Labor Relations Act
1

NLRB-FOIA-00001084

Hospital’s RNs to join AFT Connecticut

...right to talk to employees about work issues as permitted under the National Labor Relations Act. AFT and some nurses

complained of being forced...

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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NLRB-FOIA-00001085

Microsoft Outlook

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Baniszewski, Joseph

Thursday, May 12, 2011 12:00 PM

Abruzzo, Jennifer

Boeing, W ar Between the States, 2011.jpg

Boeing cartoon,

Joe

1

NLRB-FOIA-00001086

NLRB-FOIA-00001087

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BNA Highlights [bhighlig@bna.com]

Thursday, May 12, 2011 5:41 PM

Abruzzo, Jennifer

L&E Law Resource Ctr: Analysis/News & Background

Volume 190 Number 15

2156-2849

LABOR RELATIONS

Arbitration

No LMRDA Violation in Award

Of Back Pay to Discharged Pilot

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 who had been an active union representative does not violate the Labor-Management

Reporting and Disclosure Act...

First Amendment

Union Attempt to Alter Complaint

Unsuccessful, Seventh Circuit Says

A federal district court in Illinois properly granted summary judgment against a union that abandoned its

complaint allegations and relied solely on a leafletting claim that it had not moved to include in the

complaint, the U.S. Court of Appeals...

Arbitration

Hotel and Union Must Arbitrate

Dispute About Duration Clause

A hotel in Rhode Island must arbitrate its dispute with UNITE HERE over the meaning of their neutrality

agreement's duration clause because the parties had agreed to a broad arbitration provision that

unambiguously encompassed the dispute,...

DISCRIMINATION

Age Bias

Eighth Circuit Vacates Its Decision On State Age Discrimination Claim

A protected-age employee produced sufficient evidence to survive summary judgment on his failure-to-

promote and termination claims under the Missouri Human Rights Act, even though such evidence was

insufficient under the ADEA's...

Race Bias

‘Catch-All' Limitations Period

Applies to Section 1981 Claim

An African-American employee's failure-to-promote claim brought under § 1981 of the Civil Rights Act of

1866 was not time barred, the Alabama Court of Civil Appeals ruled April 29 (Ruffin v. General Motors

Acceptance Corp., 112...
1

NLRB-FOIA-00001088

Race Bias

Second Circuit Remands Case

Against Schools for Reverse Bias

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...

Racial Harassment

Harassment Claim Bolstered

By Evidence of Flags and Noose

Neither the fact that an African American employee received four pay raises during the two years that he

worked for a shipbuilding company before he resigned nor the fact that the company rehired him some

months later preclude him from showing...

INDIVIDUAL EMPLOYMENT RIGHTS

Sarbanes-Oxley Act

SOX Does Not Protect

Media Disclosures, Court Says

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...

Contracts

Court Dismisses Claims

Based on IBM Incentive Plan

An incentive pay plan implemented by IBM Corp. did not amount to an enforceable promise of commission

payments, and therefore a former IBM salesman's Colorado contract law claims for nearly $200,000 in

commissions and separation pay...

Torts

Radiation Exposure Tort Claim

Is Returned to Federal Court

Workers who claimed that they sustained injuries and illness from radiation exposure must file all their

claims against their employer under a federal statute, even if one of the allegations did not fall within the

scope of federal law, the...

Whistleblowing

New Jersey Whistleblower Law

Covers Bias Complaint, Court Says

Addressing questions under New Jersey's Conscientious Employee Protection Act that have received "scant

attention" from state and federal courts, the New Jersey Superior Court's Appellate Division decided April

14...

Negligence

Court Finds Mass. Law

Covers Worker Injured in R.I.

The U.S. Court of Appeals for the First Circuit ruled April 8 that a Massachusetts resident, employed by a

Massachusetts-based temporary agency, may sue the general contractor for the project on which he

worked for negligence under Massachusetts...

Noncompete Agreements

Breach of Salesman's Contract

Nixes Firm's Injunction Request
2

NLRB-FOIA-00001089

A federal district court acted within its discretion in denying a surgical equipment distributor's request for

a preliminary injunction to enforce a former sales representative's noncompetition agreement where the

firm seemingly...

First Amendment

Police Officer's Termination

Not Based on Protected Speech

City officials are entitled to summary judgment on the First Amendment retaliation claims brought by a

discharged police officer who publicly criticized his commanding officers at a union meeting, a federal

district court in Illinois ruled...

LABOR ARBITRATION

Jurisdictional Disputes

TV Station Improperly Assigned

Sportscaster to Shoot Golf Video

A television station assigned a sportscaster to shoot video and audio using a digital camera during an

interview he conducted at a golf course. A brief video clip from the sportscaster's interview appeared on

television that evening....

Discharge

Discharge of Unlicensed Worker

Subject to Just-Cause Standard

A city had to establish that it had just cause to discharge an employee who had his drivers' license

suspended due to his arrest for driving under the influence, despite the city's claim that the employee

could not perform the essential...

Layoffs

Secretaries' Layoffs Justified,

Despite Giving Work Outside Unit

A university medical center did not violate its collective-bargaining agreement when it laid off two

secretaries, even though it allocated their work to unit and non-unit personnel, Arbitrator Matthew W.

Finkin ruled March 2 (University...

Employee Benefits

Retirees' Longevity Pay

Was Prorated Improperly

A city violated its collective-bargaining agreement through its policy of prorating longevity pay for

employees who retire before a work year is completed, Arbitrator Langdon D. Bell ruled April 8 (City of

Springfield, 128 LA 1537 , FMCS Case...

Leaves of Absence

Union President Was Entitled

To Leave for Union Business

An electric utility violated its collective-bargaining agreement with the union representing employees

responsible for the distribution of power to consumers, which provided that leave for union business

without pay "will be given"...

Labor & Employment Law Resource Center, Analysis/News & Background (ISSN 2156-2849) Highlights are published weekly by The

Bureau of National Affairs, Inc., 1801 S. Bell Street, Arlington, VA 22202.

3

NLRB-FOIA-00001090

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4

NLRB-FOIA-00001091

Microsoft Outlook

BNA Highlights [bhighlig@bna.com]

Thursday, May 12, 2011 9:51 PM

Abruzzo, Jennifer

May 12 -- BNA, Inc. Daily Labor Report

From:

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

Thursday, May 12, 2011 · Number 92

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

Race Discrimination

Agencies

Title VII's Limitations Period Governs

States

EEOC ‘Pattern-or-Practice' Case, Court Rules

Courts/Tribunals

A 300-day limitations period for filing individual discrimination

charges with the Equal Employment Opportunity Commission

under Title VII of the 1964 Civil Rights Act also applies when

EEOC files a pattern-or-practice suit under the act...

Federal Statutes

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

Aerospace

IAM Members OK Army Fleet Support Pact

For 3,800 Pilots, Mechanics at Fort Rucker

NLRB Summaries

Wage Trend Indicator

Calendar of Events

Members of International Association of Machinists Local Lodge

2003 May 1 ratified a "last, best, and final" offer made by Army

Fleet Support LLC in Fort Rucker, Ala....

Airlines

FAA Revises Proposed Crew Training Rule

In Response to 2009 Accident, 2010 Law

In response to congressional and public concerns raised

following the 2009 crash of a regional carrier, the Federal

Aviation Administration has revised proposed rules designed to

overhaul training of airline crew members, according to...

Compensation

Retention, Hiring Bonuses Heating Up,

As Hiring Freezes Thaw, Survey Finds

With the employment outlook improving, companies are

focusing their compensation programs on hiring and retaining

top talent, according to a survey released May 12 by Buck

Consultants....

Disabilities

Employee With Mental Illness Did Not Show

1

NLRB-FOIA-00001092

Disabilities Bias, Retaliation, Judge Decides

A former rural letter carrier with recurrent schizoaffective

disorder that was managed by medication failed to show that he

was disabled within the meaning of the Americans with

Disabilities Act or retaliated against for his bias complaints,...

Employment

Legal Job Market Remains Competitive

For 40,000 New Law School Graduates

As the month of May brings more than 40,000 law school

graduates into the employment market, the initial assessment

of the National Association of Legal Professionals (NALP) is that

the class of 2011 faces a crowded and competitive job

market....

FLSA

FLSA Claims of Firefighters Who Volunteered

To Battle Wildfires Triable, Court Determines

A jury question exists as to whether the Fair Labor Standards

Act's special detail exemption applies to a group of Sioux Falls,

S.D., firefighters seeking overtime pay from the city for

combating wildfires at South Dakota's request,...

Health Care

Employers Paying Shrinking Share

Of Workers' Health Care Costs, Milliman Says

As the price of health care coverage has continued to climb in

recent years, employers have been paying a decreasing share of

the costs of coverage for their employees, according to a report

released May 11 by Seattle-based consulting and actuarial...

Health Care

Increased Interest in Wellness Programs

May Prompt Future Guidance, Speaker Says

Regulators are interested in exploring the effectiveness of

wellness programs, which could lead to wellness program

guidance in the near future, an employee benefits consultant

said May 11 during a webcast sponsored by the American Law

Institute-American...

Job Training

Congress Should Make Workforce System

More Effective, Witnesses Tell House Panel

Congress should take action to develop a more coherent,

effective, and less duplicative workforce system, several

witnesses told a House panel May 11, although one witness

defended duplication in federal job training programs....

NLRB

Senate Panel Meets to Discuss Middle Class

But Mostly Focuses on NLRB, Boeing Dispute

The Senate Health, Education, Labor and Pensions Committee

set a May 12 hearing to consider the future of the U.S. middle

class, but most of the session was taken up with questions and

debate over a National Labor Relations Board proceeding
2

NLRB-FOIA-00001093

involving...

OFCCP

OFCCP Proposes to Revise Itemized Listing

Used for Contractors’ Compliance Reviews

The Labor Department's Office of Federal Contract Compliance

Programs is proposing to revise the scheduling letter and

itemized listing it sends to supply and service federal

contractors to initiate compliance evaluations and request...

Safety & Health

OMB Extends Review Period for Proposal

By OSHA to Set Tighter Limits for Silica Dust

The review period for the Occupational Safety and Health

Administration's proposal to tighten silica exposure limits is

being extended, the White House announced May 12....

State Laws

Bill Signed by Indiana Governor Requires

Immigration Checks, Sets Employer Penalties

LANSING, Mich.—Gov. Mitch Daniels (R) May 10 signed

legislation ( S.B. 590) requiring employers and state agencies to

verify workers' immigration status and putting in place penalties

for those who knowingly employ unauthorized...

Unemployment Insurance

Congressional Research Service Report

Covers Legislative Issues Related to UI

Noting that national unemployment is predicted to remain high

into next year, the Congressional Research Service May 9 issued

a report concluding that the increased demand for regular and

extended unemployment benefits will continue and...

ALSO IN THE COURTS

Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

SPECIAL REPORT

Safety & Health

MSHA Releases UBB Mine Probe Transcripts

Showing Possible Lapses in Rescue Protocol

Government investigators questioning team members from an

April 2010 rescue operation at Upper Big Branch mine in West

Virginia focused on the activities of two mine officials as

witnesses described a chaotic scene in which rescuers

scrambled...

ECONOMIC NEWS

Economic Activity
3

NLRB-FOIA-00001094

Sales Grow for Ninth Consecutive Month,

Due Mostly to Growth in Gas, Food Sales

DENVER—Retail sales grew in April for the ninth consecutive

month, by 0.5 percent, driven by a surge in gasoline and food

sales, the Commerce Department's Census Bureau reported

May 12. ...

Prices

Producer Prices Rose 0.8 Percent in April

As Energy Costs Spiked Again, BLS Reports

Wholesale prices rose 0.8 percent in April after climbing 0.7

percent the prior month, as energy costs continued to spike,

according to seasonally adjusted figures released May 12 by the

Labor Department's Bureau of Labor Statistics....

Unemployment Insurance

First Time Claims Declined by 44,000

To 434,000 in Latest Week, ETA Reports

The number of workers filing first-time unemployment insurance

claims fell by 44,000 last week to 434,000 claims seasonally

adjusted, mostly reversing a jump of 47,000 in the week ended

April 30, as revised, the Department of Labor's...

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prohibited.

4

NLRB-FOIA-00001095

Microsoft Outlook

From:

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Abruzzo, Jennifer

Friday, May 13, 2011 7:09 AM

Solomon, Lafe E.; Mattina, Celeste J.

Article re: Yesterday's Hearing

Sarah’s testimony was great.

NLRB

Senate Panel Meets to Discuss Middle Class

But Mostly Focuses on NLRB, Boeing Dispute

The Senate Health, Education, Labor and Pensions Committee set a May 12 hearing to consider the future of the

U.S. middle class, but most of the session was taken up with questions and debate over a National Labor

Relations Board proceeding involving America's largest exporter, Boeing Co.

Former labor secretary Robert B. Reich and Heather Boushey, senior economist with the Center for American

Progress, addressed widening income gaps and economic stresses on middle class families, but senators asked

more questions of J. Michael Luttig, Boeing's general counsel, who was invited to appear by Ranking Member

Michael B. Enzi (R-Wyo.) and discussed the NLRB acting general counsel's April 20 complaint alleging that

the company illegally transferred jetliner production from Washington state to South Carolina in retaliation for

Puget Sound area employees having supported past strikes by the International Association of Machinists (77

DLR AA-1, 4/21/11).

Luttig called the unfair labor practice complaint “preposterous on its face” and Enzi blasted it as “not the way to

encourage new job creation in the U.S.” but Sen. Richard Blumenthal (D-Conn.) questioned the appropriateness

of “vigorous and even vicious attacks on the NLRB,” while Sen. Tom Harkin (D-Iowa), chairman of the

committee, said the Boeing case has become a “political thing” and warned that “what borders on the unethical

is for people in the political branch—the Congress—to begin to interfere in a judicial process and to try to make

it a political matter.”

Former NLRB Member Sarah M. Fox, now legal counsel for the AFL-CIO, told the committee that the National

Labor Relations Act was intended not only to protect workers but to be “part of a positive national economic

strategy,” and argued that the only thing extraordinary about the complaint against Boeing is the size of the

company and the magnitude of the business decision that is in dispute.

Committee Leaders Offer Differing Views

Harkin opened the hearing noting that his state experienced more than 200 plant closings in 2010, with a loss of

nearly 12,000 jobs, and said Congress must make “smarter policy choices to restore the fundamental promise of

the American Dream.”

One of those “smarter policy choices,” Harkin said, would be to “restore the voice of working Americans by

strengthening workers' rights, and defending the agency that protects those rights—the National Labor

Relations Board.”

Harkin said NLRB career employees have come under “vicious and unfair political attack for carrying out their

duties under the law” in what he alleged was “part of a larger political campaign that we are seeing across the

country to unfairly scapegoat workers and their unions for our nation's problems.”

But Enzi said the acting general counsel issued a complaint against Boeing that left employers across the

country “greatly disturbed that a bureaucrat serving in an acting capacity could direct U.S. companies about

where to locate facilities.”

Among his concerns, Enzi said, is whether NLRB is targeting the 22 states which have right-to-work laws like

South Carolina's. Those states, Enzi said, have been “an engine of new job creation” and have attracted foreign

employers to the United States. Enzi said he and his colleagues will fight to oppose the creation of any deterrent

to investment in right-to-work states, and he charged that the NLRB complaint against Boeing shows “this

administration has yet to get the message.”
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NLRB-FOIA-00001096

Reich, Boushey Stress Need for Viable Middle Class

Reich, now a professor of public policy at the University of California at Berkeley, told the panel that the U.S.

economy is in a “lopsided recovery,” with stock prices and executive compensation on the rise, but the average

worker “not getting much” out of the recovery.

Workers have adopted “coping mechanisms” to deal with economic adversity in the past, such as having two

spouses working, Reich observed, but “there's a limit on how many women with young children can go to

work” and he commented that service jobs recently created in restaurants and other businesses “do not pay very

much.”

Reich said Americans went into debt and used their homes as sources of wealth until a housing bubble burst,

depriving them of their “last coping mechanism.” Now, he said, there is “not enough money in the middle class

to keep the country running,” while the wealthiest Americans have become even richer.

Reich said he hears a common refrain that the United States cannot raise taxes on those with the highest

incomes or greatest wealth, but added, “I frankly don't know what they're talking about!”

Boushey told the panel that “supply-siders” believe the key to economic growth is for government to reduce

taxes and limit regulation in order to spur investment, but small businesses report that their single largest

concern is poor sales revenue.

Stating that “lowering wages and a hollowed out middle class means that consumers can demand less and less

each year,” Boushey said “when every employer focuses solely on reducing wages at the expense of all else,

this has devastating consequences for the economy overall.”

The economist said “without fear of retaliation, collective bargaining helped us grow.”

Boeing Lawyer Challenges NLRB Complaint

Luttig, who served as a judge on the U.S. Court of Appeals for the Fourth Circuit before resigning to join

Boeing, told the panel that the NLRB complaint is “enormously consequential” for the company, which already

has received about 850 orders for its long-awaited 787 Dreamliner airplane.

Most Dreamliner production will take place in the Puget Sound area of Washington state where IAM represents

Boeing employees, but Luttig said the demand for the Dreamliner required the company to build a second

assembly line. Boeing considered Washington, South Carolina, and other locations and made a “considered

business judgment” based on a “host of considerations” that favored South Carolina, he said.

Stating that the company has invested $1 billion in a state-of-the-art facility in North Charleston, S.C., Luttig

argued that alleging the company made its decision in retaliation for the earlier strike activity by Washington

workers was insupportable. No company spends a sum like Boeing's investment “out of spite,” the lawyer said.

Calling the unfair labor practice complaint “a breathtaking substitution of the board for the management of an

American company,” Luttig argued that concern about the NLRB action might make companies reluctant to

expand into a right to work state like South Carolina. He said companies also might hesitate before building

facilities and employing workers in a state that does not have a right to work law, fearing that a later attempt to

move to a right to work state might be challenged as illegal under the NLRA.

Calling the NLRB complaint “legally unfounded and irresponsible,” Luttig said it should be “of concern to all.”

Former NLRB Member Says Case Not Extraordinary

But Fox said NLRB cases alleging unlawful transfers of work by employers were not extraordinary, and she

said that the NLRB complaint alleges that Boeing engaged in just such a “transfer” of work to South Carolina

because the firm's Washington employees had exercised their right under the NLRA to engage in strikes.

Stating that NLRB is responsible for protection of employee rights including the right to strike, Fox said there

was “nothing extraordinary about this complaint.”

Americans have a right to expect that statutory rights will be enforced, Fox said, adding that recent “attacks” on

the agency have been “disturbing.”

Reich Opposes ‘Relentless Attacks' on Labor

Sen. Johnny Isakson (R-Ga.) told Reich that he assumed the economist supported what NLRB was trying to do,

but Reich said he would not prejudge the case and called it a “distraction” from the Senate committee's work of

considering the issue that was the purpose for the hearing.

2

NLRB-FOIA-00001097

Noting that the case had not even begun a process that would include an administrative law judge hearing,

board review, and possible consideration by the courts, Reich said it was inappropriate to prejudge the outcome

of the case.

Asked by Isakson whether he knew of any time when NLRB had “made a decision to retroactively invalidate a

capital investment of $ 1 billion,” Reich said there had been no NLRB decision and he was not an “NLRB

historian.” However, Reich responded that “as a history buff with regard to labor, I am shocked and deeply

upset by the relentless attack on organized labor, on unionization, and the rights of employees in this country to

unionize.”

NLRB Process, Effect of Complaint Debated

Blumenthal, in his first term representing Connecticut, told Luttig that he is “troubled by the attack on the

NLRB process,” which he observed is at a “very incipient state,” and asked the Boeing general counsel for his

reaction.

“I don't see a vicious attack on the NLRB,” Luttig said. “On the facts here,” he said, the acting general counsel

has brought “a public policy issue of some import.”

But Blumenthal said the unfair labor practice case involves statements about the Dreamliner decision allegedly

made by Boeing executives, and the context in which those remarks were made and in which they should be

interpreted. Calling that “classically the kind of factual dispute” that cannot be resolved before litigation even

begins, Blumenthal said NLRB's case against Boeing should not be prejudged.

Blumenthal also asked Luttig whether he believed that the company faced “inevitable” defeat in the unfair labor

practice case before NLRB, and the Boeing lawyer replied that “I presumptively expect to lose.” He said he

based that opinion on “institutional reasons” that the general counsel and the board will share the same view of

the law, but expressed confidence that the company ultimately would prevail in a court review of a board order.

Sen. Lamar Alexander (R-Tenn.) asked Luttig how long it could take to obtain judicial review of an adverse

NLRB ruling, and the lawyer said it could take about two years. Alexander asked whether there are Boeing

suppliers in Washington now considering whether to locate operations in or near South Carolina in anticipation

of the company's plan to build three Dreamliners per month there.

Luttig agreed that suppliers are trying to make plans and decisions, and agreed with Alexander that waiting

several years for a resolution of the NLRB complaint will leave not only Boeing but also other companies in

doubt about their rights and business options.

Alexander asked whether it was “unethical” for the Senate committee to be considering such an issue at a

hearing, and Luttig agreed that it was not improper.

Harkin Questions Senate Hearing Boeing Dispute

But Harkin expressed regret that so much of the hearing had been devoted to the Boeing dispute rather than

broader issues about the economy and the middle class. He also said he didn't think a Senate hearing on the

dispute was appropriate.

The committee chairman noted that in Pillsbury Co. v. FTC, 354 F.2d 952 (5th Cir. 1968), an administrative

agency order against a company was overturned after a federal appeals court concluded that a Senate

committee's conducting a hearing on the dispute while it was pending before the agency violated due process

rights of one of the parties.

Harkin also noted that on May 11, Jim McNerney, Boeing's president and chief executive officer, wrote an op-

ed piece in the Wall Street Journal that challenged the NLRB action, but the executive also wrote that “[t]he

NLRB's overreach could accelerate the overseas flight of good, middle-class American jobs.”

Harkin said the company is a major supplier to the federal government, earning about $19.5 billion from

government sales, and Harkin would have preferred that McNerney include assurances in his op-ed piece that

Boeing does not intend to move jobs out of the United States.

Luttig said the executive “did not make a veiled threat at all” but only a general observation. Luttig offered his

own assurances on behalf of Boeing that the company has no plan to export jobs from the United States.

By Lawrence E. Dubé

Written testimony submitted by Robert B. Reich may be accessed at http://op.bna.com/dlrcases.nsf/r?Open=ldue-

8gsth2. Testimony by Heather Boushey may be accessed at http://op.bna.com/dlrcases.nsf/r?Open=ldue-8gstk4.

Testimony by J. Michael Luttig may be accessed at http://op.bna.com/dlrcases.nsf/r?Open=ldue-8gstl6. Testimony by

Sarah Fox may be accessed at http://op.bna.com/dlrcases.nsf/r?Open=ldue-8gstjf
3

NLRB-FOIA-00001098

4

NLRB-FOIA-00001099

Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

Friday, May 13, 2011 8:42 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; 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; Hoyte, Joan E.; 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

Senate Panel Meets to Discuss Middle Class

But Mostly Focuses on NLRB, Boeing Dispute

The Senate Health, Education, Labor and Pensions Committee set a May 12 hearing to consider the future

of the U.S. middle class, but most of the session was taken up with questions and debate over a National

Labor Relations Board proceeding involving...

IAM Members OK Army Fleet Support Pact

For 3,800 Pilots, Mechanics at Fort Rucker

Members of International Association of Machinists Local Lodge 2003 May 1 ratified a "last, best, and final"

offer made by Army Fleet Support LLC in Fort Rucker, Ala....

With suit against Boeing, NLRB becomes GOP’s top target

The Hill – 05/13/11 06:20 –

Words matched: Lafe Solomon

Move over, EPA and OSHA: The National Labor Relations Board has become the popular executive-branch target for Republicans.

Since its April 20 complaint against Boeing for allegedly retaliating against union workers, the NLRB has faced a daily barrage of GOP

and business criticism for meddling in a

...pending before the labor board. The board s acting general counsel, Lafe Solomon , will likely never see his nomination make it out of

the Senate...

Boeing fight gives Republicans weapon against labor board

The Seattle Times – 05/13/11 01:01 –

Words matched: Lafe Solomon

Republican lawmakers are seizing on a National Labor Relations Board complaint against Boeing as a chance to rein in an agency they

say...

...the Washington-based Chamber, said in an email. On April 20, Lafe Solomon , the board's acting general counsel, filed a complaint

saying Boeing...

Judge rules for unions in Red Cross dispute

Lansing State Journal (AP) – 05/13/11 04:40 –

Words matched: National Labor Relations Board, NLRB

Local, regional groups expected to appeal ruling

...working at the Red Cross. Wedekind, an administrative law judge for the National Labor Relations Board , presided over an 11-day

trial in fall 2010 .
1

NLRB-FOIA-00001100

Bar employees vote on union Monday

Norwich Bulletin (AP) – 05/12/11 23:47 –

Words matched: National Labor Relations Board, NLRB

Mashantucket, Conn. — Bartenders, drink servers and bar porters at Foxwoods Resort Casino and MGM Grand at Foxwoods are

slated to vote again on affiliating with United Food and Commercial Workers Local 371.

...was approved 190-145, was held under the supervision of the National Labor Relations Board . The tribe objects to NLRB -

supervised elections, saying...

GOP bill aimed at undercutting labor agency in Boeing case

The News Tribune – 05/12/11 19:26 –

Words matched: National Labor Relations Board, NLRB

Thirty-four Republican senators introduced legislation Thursday to protect states' "right-to-work" status and to ban the chief federal

labor agency from determining where companies can do business.

...the GOP response to a bid by the top lawyer for the National Labor Relations Board to prevent Boeing from opening a South

Carolina plant this...

PREPARED REMARKS OF SENATE MAJORITY LEADER HARRY REID (D-NV) ON THE FLOOR OF THE U.S. SENATE;

SUBJECT: NATIONAL LABOR RELATIONS BOARD (NLRB); LOCATION: SENATE CHAMBER, THE CAPITOL, WASHINGTON,

D.C.

LexisNexis – 05/11/11 21:35 –

Words matched: unfair labor practices

PREPARED REMARKS OF SENATE MAJORITY LEADER HARRY REID (D-NV) ON THE FLOOR OF THE U.S. SENATE SUBJECT:

NATIONAL LABOR RELATIONS BOARD (NLRB) LOCATION: SENATE CHAMBER, THE CAPITOL, WASHINGTON, D.

...to unionize, if they so choose. It mediates allegations of unfair labor practices . And it does all this independent of any outside

influence .

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-00001101

Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

Mattina, Celeste J.

Monday, May 16, 2011 12:29 PM

Solomon, Lafe E.; Abruzzo, Jennifer; Cleeland, Nancy

FW : Training

Plane Nonsense - Sorting out the Facts in the Boeing Case EPRN.mht

See the attached article.

From: Jaffe, Leah Z.

Sent: Monday, May 16, 2011 12:17 PM

To: ML-R02-Professionals (R); ML-R02-Supervisors (R)

Subject: Training

th

Just to remind we are having training tomorrow on the new Back Pay program in conference room G on the 6
floor. If

you get a chance read GC memo 11-08 ( I sent to everyone last week and it is available on surfboard) before training.

I am also very excited to announce that we have a great speaker lined up for July 25. Ellen Danin is a professor of labor

law at Penn State University who has written extensively about our statute and the Board. She is a huge supporter of

employee rights and has written a book in which she, among other things, proposes arguments that Unions can use,

particularly in the Courts, to make the law more effective. The Book is called “Taking Back the Worker’s Law” and I

encourage you all to read it. I am attaching an article she wrote about the recent Boeing complaint, which you might want

to read before her visit. It is very short. She also writes for a number of labor blogs. If you google her, you will find them.

However, I will provide the links at some point. July 25 will be our training for July.

There will be no training in June, because we are going to be spending a huge amount of time NEX GEN training.

Leah Z. Jaffe

Supervisory Attorney

National Labor Relations Board, Region 2

26 Federal Plaza, Room 3614

New York, N.Y. 10278

(212) 264-0360

FAX (212) 264-2450

1

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Home › Topics › Labor and Employment Law

Plane Nonsense - Sorting out the Facts

in the Boeing Case

Authored by: Ellen Dannin

Posted By: Ellen Dannin - Pennsylvania State University

Posted May 13, 2011

Labor and Employment Law

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It is hard to think of an NLRB case that has been as misrepresented as the Boeing case.

Unfortunately, with the loss of beat reporters, especially reporters with deep knowledge of labor

issues, we have lost the voices of those who could provide light instead of adding to the heat.

The NLRB has tried to address this problem with its new Office of Public Affairs. Not only is

there now a front page link to information, but following that link will lead to clear reports on

significant cases, such as Boeing, with links within the case report to copies of significant

documents, such as the complaint.

So reporters could easily find information on this case, but few, it seems, take advantage of it.

Instead, we continue to see reporters churning out views instead of news. And rather than

helping the public understand the issues, we have news as a contact sport complete with

competitive cheerleading.

The result in the Boeing case is “news” stories filled with attack statements directed toward the

NLRB, NLRA, and Acting General Counsel Lafe Solomon. We read pro-con views rather than

facts that could be found easily by reading the NLRB’s complaint and the Office of Public

Affairs memo.

Here, then are a few corrections of commonly reported ideas / claims / events.

First, this case is not about right to work states. Rather, this is a garden variety case of an

employer’s retaliating against its employees for striking when the parties were unable to come to

an agreement on terms and conditions of employment during bargaining. In the Boeing case, we

also have an employer’s making anti-union public statements over a number of years that it

would move the Dreamliner work to South Carolina because Boeing was unhappy about its

Oregon and Washington employees’ past strikes. The NLRB complaint sets out the dates and

statements it relies on.

NLRB-FOIA-00001104

The NLRB has decades of experience with cases of this sort, and the National Labor Relations

Act is clear that employer actions like Boeing’s violate the law. If this were a murder case, it

would be a case in which the police found a person saying : “I did it,” while standing over a

fresh corpse with smoking gun in hand.

Indeed, the only thing that is special about this case is that Boeing made so many public

statements threatening to take actions that violated the law. Indeed, the remarkable thing would

have been for the General Counsel not to issue a complaint on the evidence it had.

The law is clear about the rights and wrongs of this sort of case.

The NLRA says in section 13 that the right to strike is protected by law.

Section 7 declares that employees’ engaging in or refusing to engage in concerted activities,

such as giving one another mutual aid or support, is activity that is protected by law.

It is a violation of the NLRA to discourage employees from engaging in protected concerted

activity, which includes strikes, and to discriminate against employees in order to encourage or

discourage union membership.

Second, the complaint, which was issued after an investigation, charges that Boeing’s actions

were not only illegal but were so pervasive and serious that they were inherently destructive of

employees’ protected rights under the NLRA.

Third, despite the seriousness of the employer’s acts, the NLRB has not sought as a remedy that

Boeing cannot produce its products in South Carolina. This case is not about right to work states,

as some news stories have claimed. This is not a case about taking away work from South

Carolina workers.

Rather, this is a case that is about work that was illegally taken away to illegally retaliate against

workers for engaging in acts that are protected under law - striking. The remedy is that the work

that was transferred must be performed in Washington.

This does not mean that Boeing cannot do work in South Carolina or any state for that matter.

The complaint says that as long as Boeing’s decisions are not made for illegal motives, it can

have work done it South Carolina:

Other than as set forth in paragraph 13(a) abov e, the relief requested by the A cting General

Counsel does not seek to prohibit Respondent from making non-discriminatory decisions with

respect to where work will be perform ed, including non-discrim inatory decisions with respect to

w ork at its N orth Charleston, S outh Carolina, facility.” T he com plaint also asks as a rem edy

that a B oeing official read aloud to the em ployees (or be present w hile B oard agent reads aloud)

a notice to em ployees of their rights under the NLRA and post that notice on Boeing’s intranet.

Second, news stories have generally fallen down on reporting on the process that led to the

issuance of the complaint and on the process that will later take place. The basics are that there

was an investigation after a charge was filed alleging that NLRA had been violated. The

charging party had to submit evidence to support that charge, and the NLRB investigators

NLRB-FOIA-00001105

assigned to the case took evidence from all parties. What is special in this case was that part of

the evidence could be found by checking the newspapers for Boeing’s threats.

Once the investigation was complete, the General Counsel’s office decides whether there was

reasonable case to believe the NLRA was violated. If reasonable cause exists, then the complaint

is issued, and efforts are made to settle the case.

If the case is not settled, then the case is scheduled for a hearing before an Administrative Law

Judge. All parties will have an opportunity to present witnesses and other evidence. Once the

trial is over, the ALJ will assess the evidence presented at trial and decide whether or not the law

has been violated. The ALJ’s decision can be to find that all, none, or some of the alleged

violations occurred. The parties can appeal the ALJ’s decision case to the Board.

Third, some have claimed that the NLRB acted wrongly in issuing the complaint against Boeing

because employers have a “free-speech right”. This is a common misperception, but it is not

correct.

Section 8(c) of the NLRA says: “The expressing of any views, argument, or opinion, or the

dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or

be evidence of an unfair labor practice under any of the provisions of this Act, if such expression

contains no threat of reprisal or force or promise of benefit.”

In other words, section 8(c) says nothing about protecting free speech. All it does is create a safe

harbor for speech, as long as that speech does not threaten reprisals or force or promise benefits.

Boeing’s speech was not protected by 8(c) because it threatened reprisals against employees for

exercising their protected rights.

~~~~~~~~~~~~~~~~~~~~~~~

Links for more information related to the Boeing case

Office of Public Affairs publicinfo@nlrb.gov

Boeing Complaint Fact Sheet

The NLRB's Boeing complaint

Acting General Counsel Lafe Solomon releases statement on Boeing complaint May 9, 2011,

including links to correspondence between Solomon and Boeing

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Research posted by Ellen Dannin

Democracy's Work - Work in a Democratic Society

In this era of high unemployment, the United States has increasingly become a country of bad

NLRB-FOIA-00001106

jobs that are held by people desperate to...

Link to: Democracy's Work - Work in a Democratic Society

April 26, 2011

Discuss and Share >

Hoffman Plastics as Labor Law – Equality at Last for Immigrant Workers?

Hoffman Plastics as Labor Law – Equality at Last for Immigrant Workers?, (Symposium on The

Evolving Definition of the Immigrant Worker: The...

Hoffman Plastics and Labor Law

April 22, 2011

Discuss and Share >

Not a Limited, Confined, or Private Matter -- Who Is an "Employee Under the National Labor

Relations Act

Deciding who is and who is not an employee determines whether workers are employees, and

employee status determines whether they are...

NLRB-FOIA-00001107

Who Is an Employee Under the National Labor

Relations Act?

April 22, 2011

Discuss and Share >

Crumbling Infrastructure, Crumbling Democracy: Infrastructure Privatization Contracts and

Their Effects on State and Local Governance

This Article examines the operation and effects of three provisions that are commonly found in

infrastructure contracts: (1) compensation...

NwJLSP Infra Priv 2011 2Dannin.pdf

March 2, 2011

Discuss and Share >

Understanding How Employees’ Rights to Organize Under the National Labor Relations Act

Have Been Limited: The Case of Brown University

The National Labor Relations Board's (NLRB's) 2004 Brown University decision held that

NLRB-FOIA-00001108

graduate student teaching and research...

Understanding How Employees’ Rights to

Organize Under the National Labor Relations Act Have Been Limited: The Case of Brown Univ

January 17, 2011

Discuss and Share >

Law Reform, Collective Bargaining, and the Balance of Power

Despite Congress' having made clear policy statements in the National Labor Relations Act that

the law was intended to promote...

11 Working USA 219 (2008).

January 14, 2011

Discuss and Share >

Blog Posts by Ellen Dannin

NLRB-FOIA-00001109

May 13 2011 - 12:17pm

Plane Nonsense - Sorting out the Facts in the Boeing Case

It is hard to think of an NLRB case that has been as misrepresented as the Boeing case.

Unfortunately, with the loss of beat reporters, especially reporters with deep knowledge of labor

issues, we have lost the voices of those who could provide light instead of adding to the heat.

May 13 2011 - 12:17pm

By [name]

Discuss and Share >

May 10 2011 - 11:40am

Contracting to Shorten the Deadline to File Legal Claims

A recent Family and Medical Leave Act (FMLA) case discusses whether a private agreement

that reduces the time to file a legal claim to six months and that shifts the employer’s litigation

costs, if the plaintiff loses, to the plaintiff employee should be upheld.

May 10 2011 - 11:40am

By [name]

Discuss and Share >

About EPRN

EPRN, begun and launched in early 2011, is a non-profit, non-partisan organizaton located and

administered at the offices of the Labor and Employment Research Association (LERA) at the

University of Illinois, Urbana-Champaign School of Labor and Employment Relations. EPRN is

sponsored by grants from the Rockefeller and Russell Sage foundations.

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NLRB-FOIA-00001111

Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

Tuesday, May 17, 2011 8:15 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; Hoyte, Joan E.; 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

Does the NLRA Give Employees a Right to Badmouth Employers Online?

So Far, No, but Change Is in the Air!

A complaint issued last October by Region 34 (Hartford, Conn.) of the National Labor Relations Board

(NLRB) generated a great deal of controversy over what restraints the NLRB places on employers seeking

to limit employees' disparaging...

Nursing Home Employees Return to Work

With NLRB Settlement, New Labor Contract

Employees of four Connecticut nursing homes, who previously engaged in an unfair labor practices strike,

returned to work May 16 following a settlement with the National Labor Relations Board and member

ratification of a new three-year collective...

Split Court Finds LMRA Doesn't Preempt

Company's State Law Claims Against UAW

Section 301 of the Labor-Management Relations Act does not preempt an equipment company's claims

that the United Auto Workers engaged in multiple torts in violation of Wisconsin law by misrepresenting

during bargaining negotiations...

Union Flyer ‘Certainly Not' a Forgery,

Seventh Circuit Says; Bargaining Order OK'd

A union flyer that purportedly made reference to the U.S. Supreme Court was not a forgery of a high court

decision designed to mislead potential bargaining unit members and thus cannot invalidate the election of

a union to be the exclusive collective...

Retiree Health Care Disputes Between Union,

Newspaper Not Arbitrable, Court Decides

A union cannot compel the St. Louis Post-Dispatch to arbitrate grievances stemming from the newspaper's

unilateral modifications of retiree health care coverage where their collective bargaining agreements

contained provisions...

1

NLRB-FOIA-00001112

NUHW, SEIU Each Gain Members in Election

Among Workers at Four California Hospitals

Two rival unions vying to represent some 1,000 employees at four California hospitals owned by Sutter

Health May 10 split the vote with one winning the right to represent 650 workers at three hospitals, and

the other retaining the right to represent...

USW Members Vote to Ratify First Contract

For New York State Nurses Association Staff

Members of United Steelworkers District 4 May 10 voted to ratify a three-year first collective bargaining

agreement covering 67 professional staff members of the New York State Nurses Association, the

employer and union announced....

Oversight Chairman Issa, Reps. Gowdy and Ross Request NLRB Documents on Boeing Action and Lawsuits Targeting

Worker Protection Amendments

Politics and Technology – 05/13/11 20:58 –

Words matched: National Labor Relations Board, NLRB

May 13, 2011 (Congressional Documents and Publications/ContentWorks via COMTEX) -- May 13, 2011 House Oversight Committee

Chairman Issa, Reps. Gowdy and Ross Request NLRB Documents on Boeing Action and Lawsuits Targeting Worker Protection

Amendments Contact: Jeffrey Solsby, 202.

Oversight Chairman Issa, Reps. Gowdy and Ross Request NLRB Documents on Boeing Action and Lawsuits Targeting Worker

Protection Amendments May...

The NLRB's Boeing Complaint: "#1 Issue to Resolve"

Workplace Prof Blog – 05/13/11 17:39 –

Words matched: NLRB

The craziness over the NLRB General Counsel's Boeing complaint continues (note to critics: this does NOT involve an NLRB Boeing

decision, as there is no such thing at this point).

The NLRB 's Boeing Complaint: "#1 Issue to Resolve" The craziness over the NLRB General Counsel's Boeing complaint continues

(note to critics :

Experts Say Allegations In NLRB Complaint Against Boeing Represent "Classic Case" Of Labor Law Violations

Media Matters for America – 05/14/11 00:47 –

Words matched: National Labor Relations Board, NLRB

Conservative media figures continue to claim that the National Labor Relations Board is attacking states with lax labor laws and

engaging in "unprecedented" actions by filing a complaint alleging that Boeing violated federal labor laws in connection with its decision

to move the production line for

Experts Say Allegations In NLRB Complaint Against Boeing Represent " Classic Case" Of Labor Law Violations Conservative media

figures continue ...

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-00001113

Microsoft Outlook

BNA Highlights [bhighlig@bna.com]

Tuesday, May 17, 2011 10:12 PM

Abruzzo, Jennifer

May 17 -- BNA, Inc. Daily Labor Report

From:

Sent:

To:

Subject:

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

Tuesday, May 17, 2011 · Number 95

NLRB New Filing Finder

Display Latest Filings

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Business expectations remain positive for this year, according to

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NLRB-FOIA-00001114

BLS Announces New Aggregation System

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To expand the scope of the coverage for the producer price

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Employee Benefits

Court Allows Challenge to Elimination

Of Fringe Benefit Credits to Continue

Former employees of a defunct Louisiana construction company

will continue with their action disputing their union’s decision to

eliminate fringe benefit credits derived from contributions by the

company after the U.S. District...

ERISA

Court OKs $30 Million Settlement Ending

Challenge to Duke Energy's Pension Plan

Under a settlement approved May 16 by the U.S. District Court

for the District of South Carolina, Duke Energy Corp. will pay

$30 million to participants in the company's cash balance plan

(George v. Duke Energy Ret. Cash Balance Plan, D.S.C.,...

Gaming

Foxwoods Casino Beverage Workers Vote

For UFCW Representation Under Tribal Law

Beverage workers at the Native American-owned Foxwoods

Resort and Casino in eastern Connecticut May 16 voted 133-90

under tribal law for representation by United Food and

Commercial Workers Local 371, the union and employer

announced....

Health Care Employees

Proposed Settlement Would Resolve

Nurse Wage Claims Against Ellis Hospital

A proposed settlement filed in federal court May 13 would

resolve nurse wage-fixing conspiracy charges against a

Schenectady, N.Y., hospital and bring litigation over the

allegedly illegal practices of five area hospitals to a close

(Fleischman...

International Labor

First Quarter Canada Bargaining Pacts

Produce Average 1.3 Percent Wage Gain

OTTAWA—Major collective bargaining agreements reached in

Canada during the first quarter of 2011 produced average base

rate wage increases of 1.3 percent, slightly smaller than the 1.5

percent average reported for the fourth quarter...

Job Training

DOL Awards $75.8 Million for YouthBuild Programs

Seventy-six YouthBuild programs in 36 states, the District of

Columbia, and the U.S. Virgin Islands will receive grants totaling

$75,848,000 from fiscal year 2011 appropriations, Labor

Secretary Hilda Solis announced May 17....

2

NLRB-FOIA-00001115

Safety & Health

Fatality Rate at All-time Low for 2009;

Transport Accidents Claimed Most Lives

The fatality rate for workers in fiscal year 2009 fell to its lowest

level since the government began calculating the rate in 1992,

according to the final version of the 2009 Census of Fatal

Occupational Injuries issued by the Labor Department’s...

Safety & Health

Multiemployer Worksites Pose Challenge

For Injury-Illness Rule, OSHA Officials Say

PORTLAND, Ore.—One of the challenges facing the Labor

Department’s Occupational Safety and Health Administration in

its effort to develop an injury and illness prevention program

rule is how to address a controlling employer's...

Safety & Health

Ohio Steelmaker Cited Over Fall Protection,

Lockout/Tagout Faces $563,000 in Penalties

CINCINNATI—An Ohio steel manufacturer faces penalties

totaling $563,000 and has been placed in the Severe Violators

Enforcement Program after sending workers to the site of a

previous accident without adopting any remedies, the...

Safety & Health

OSHA Reopens Comment Period

For Musculoskeletal Disorder Rule

The Labor Department's Occupational Safety and Health

Administration will reopen the public comment period on its

musculoskeletal disorder reporting rule, according to a notice

published in the May 17 Federal Register (76 Fed. Reg....

Safety & Health

Upper Big Branch Security Chief Charged

With Third Felony for Alleged Falsehood

A federal grand jury in Charleston, W.Va., in a May 17

superseding indictment has added a third felony to the charges

pending against a Massey Energy Co. security chief who

allegedly made false statements to federal investigators about

an explosion...

State Employees

California Governor Signs Legislation

Ratifying Six Final State Worker Pacts

SACRAMENTO, Calif.—Gov. Jerry Brown (D) May 16 signed a

bill, S.B. 151 ratifying collective bargaining agreements with six

unions representing a total of 55,400 state workers, bringing all

state workers under current contract agreements....

State Laws

California Farmworkers Could Get Option

Of Majority Signup for Union Representation

SACRAMENTO, Calif.—California lawmakers gave final approval

May 16 to a bill (S.B. 104) that would give farmworkers the

option of using a majority signup process instead of a secret

ballot election to choose union representation....
3

NLRB-FOIA-00001116

SPECIAL REPORT

OFCCP

OFCCP Will Check Contractor Compliance

History With Other Agencies, Officials Say

The Labor Department's Office of Federal Contract Compliance

Programs will examine a federal supply and service contractor's

compliance history with other DOL agencies and the Equal

Employment Opportunity Commission for the...

ANALYSIS & PERSPECTIVE

NLRB

GOP Lawmakers Move From NLRB Criticism

To Document Demands and Legislative Action

A National Labor Relations Board administrative law judge will

not hear Acting General Counsel Lafe E. Solomon's unfair labor

practice complaint against Boeing Co. until June 14, but

Republican lawmakers in Washington, D.C., and in...

ECONOMIC NEWS

Compensation

Management Jobs Had Highest Hourly Wages

On Average in 2010, Followed by Legal Jobs

When looking at pay by occupational group, rather than by

individual job, management topped the list of highest-paid

occupations in 2010, while food preparation and serving

workers, as a group, earned the lowest average hourly wage,

according...

Manufacturing

Industrial Production Unchanged in April

As Japan Quake Hits Auto Manufacturing

LANSING, Mich.—Industrial output was unchanged in April from

a month earlier, as supply shortages resulting from the

earthquake in Japan resulted in lower production of automobiles

and parts, the Federal Reserve reported May 17....

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.

Request a FREE Web trial. For subscription information, customer assistance

4

NLRB-FOIA-00001117

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.

5

NLRB-FOIA-00001118

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Garza, Jose

W ednesday, May 18, 2011 8:01 AM

Abruzzo, Jennifer

Solomon, Lafe E.; Mattina, Celeste J.

Re:

Yes. Let's talk when I get into the office. I should be in in 20.

From: Abruzzo, Jennifer

To: Garza, Jose

Cc: Solomon, Lafe E.; Mattina, Celeste J.

Sent: Wed May 18 07:52:52 2011

Subject:

Jose,

Have you heard anything about the below?

Jen

Issa's committee requested production of “all documents and communications referring or relating to the Office

of General Counsel's investigation of Boeing,” all documents and records of communications between “anyone”

in NLRB and IAM, and “all documents referring or relating to the Office of General Counsel's investigation of

union election laws in Arizona, South Carolina, South Dakota, and Utah.”

Issa's committee will apparently follow up after documents are produced by conducting a hearing on the Boeing

case. The Greenville News reported May 17 that Rep. Trey Gowdy (R-S.C.), a member of the committee, said

Issa has agreed to conduct a June field hearing in South Carolina on the Boeing complaint.

According to the newspaper account, Gowdy expects to question NLRB officials at the hearing, and promised

to ask them: “What were you thinking? Are you trying to intimidate South Carolina? Are you a shill for the

unions? Who put you up to this?”

An NLRB spokesperson told BNA May 17 the agency had not been advised of a Government Operations

Committee hearing or asked to participate.

1

NLRB-FOIA-00001119

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Garza, Jose

W ednesday, May 18, 2011 8:33 AM

Solomon, Lafe E.; Abruzzo, Jennifer

Mattina, Celeste J.

Re:

I am here and available at your convenience.

From: Solomon, Lafe E.

To: Garza, Jose; Abruzzo, Jennifer

Cc: Mattina, Celeste J.

Sent: Wed May 18 08:02:13 2011

Subject: Re:

I'm on my way.

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Garza, Jose

To: Abruzzo, Jennifer

Cc: Solomon, Lafe E.; Mattina, Celeste J.

Sent: Wed May 18 08:00:59 2011

Subject: Re:

Yes. Let's talk when I get into the office. I should be in in 20.

From: Abruzzo, Jennifer

To: Garza, Jose

Cc: Solomon, Lafe E.; Mattina, Celeste J.

Sent: Wed May 18 07:52:52 2011

Subject:

Jose,

Have you heard anything about the below?

Jen

Issa's committee requested production of “all documents and communications referring or relating to the Office

of General Counsel's investigation of Boeing,” all documents and records of communications between “anyone”

in NLRB and IAM, and “all documents referring or relating to the Office of General Counsel's investigation of

union election laws in Arizona, South Carolina, South Dakota, and Utah.”

Issa's committee will apparently follow up after documents are produced by conducting a hearing on the Boeing

case. The Greenville News reported May 17 that Rep. Trey Gowdy (R-S.C.), a member of the committee, said

Issa has agreed to conduct a June field hearing in South Carolina on the Boeing complaint.

According to the newspaper account, Gowdy expects to question NLRB officials at the hearing, and promised

to ask them: “What were you thinking? Are you trying to intimidate South Carolina? Are you a shill for the

unions? Who put you up to this?”
1

NLRB-FOIA-00001120

An NLRB spokesperson told BNA May 17 the agency had not been advised of a Government Operations

Committee hearing or asked to participate.

2

NLRB-FOIA-00001121

Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

W ednesday, May 18, 2011 8:41 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; Hoyte, Joan E.; 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

Court Finds Publisher's Decision to Cancel

Union Dues Checkoff Subject to Arbitration

Hearst Corp. must arbitrate a dispute with the Newspaper Guild of Albany over the publisher's decision to

discontinue dues checkoff after their collective bargaining agreement expired because the union's right to

dues checkoff...

GOP Lawmakers Move From NLRB Criticism

To Document Demands and Legislative Action

A National Labor Relations Board administrative law judge will not hear Acting General Counsel Lafe E.

Solomon's unfair labor practice complaint against Boeing Co. until June 14, but Republican lawmakers in

Washington, D.C., and in...

Foxwoods Casino Beverage Workers Vote

For UFCW Representation Under Tribal Law

Beverage workers at the Native American-owned Foxwoods Resort and Casino in eastern Connecticut May

16 voted 133-90 under tribal law for representation by United Food and Commercial Workers Local 371,

the union and employer announced....

Proposed Settlement Would Resolve

Nurse Wage Claims Against Ellis Hospital

A proposed settlement filed in federal court May 13 would resolve nurse wage-fixing conspiracy charges

against a Schenectady, N.Y., hospital and bring litigation over the allegedly illegal practices of five area

hospitals to a close (Fleischman...

California Governor Signs Legislation

Ratifying Six Final State Worker Pacts

SACRAMENTO, Calif.—Gov. Jerry Brown (D) May 16 signed a bill, S.B. 151 ratifying collective bargaining

agreements with six unions representing a total of 55,400 state workers, bringing all state workers under

current contract agreements....

1

NLRB-FOIA-00001122

Air Rage

Slate – 05/17/11 19:47 –

Words matched: Lafe Solomon, Craig Becker

A spat between Boeing and labor turns into the next unions-versus-Republicans Armageddon.

...facts so far, it might not be political. The complaint was filed by Lafe Solomon , the general counsel for the NRLB, who told the New

York Times...

Workers Could Vote To Make Plant Non-Union

Manufacturing.net – 05/17/11 16:14 –

Words matched: National Labor Relations Board, NLRB

COLUMBUS, Miss. (AP) -- A vote could soon be taken to decertify the union at Omnova Solutions, Inc., in Columbus, where some

workers have been on strike for a year.

...reports a group of replacement workers have filed a request with the National Labor Relations Board to take a decertification vote .

The more than...

Broomall Presbyterian Village employees planning to strike

Delco News Network – 05/16/11 02:37 –

Words matched: National Labor Relations Board

Unionized caregivers and service workers at Broomall Presbyterian Village may be on the picket line soon. Due to the inability to

negotiate a contract, the nearly 150 employees have voted unanimously to hold a one-day strike on May 25.

...and charges were filed May 11 in the Philadelphia office of the National Labor Relations Board . The two sides have held 15

negotiating sessions

Employees at W Boston, Back Bay Hotel vote to unionize

Boston.com – 05/17/11 23:08 –

Words matched: National Labor Relations Board

About 200 to join growing ranks of hospitality workers local

...handbook rules restricting union activity tainted the election, and the National Labor Relations Board ordered a new election. There

is still...

,

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-00001123

Microsoft Outlook

From:

Sent:

To:

Subject:

BNA Highlights [bhighlig@bna.com]

W ednesday, May 18, 2011 10:24 PM

Abruzzo, Jennifer

May 18 -- BNA, Inc. Daily Labor Report

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

Wednesday, May 18, 2011 · Number 96

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

Labor Law

Agencies

Right to Work Laws Defended, Attacked

States

In Wake of NLRB ULP Charge Against Boeing

Courts/Tribunals

Following the recent decision of the acting general counsel of

the National Labor Relations Board to charge Boeing Co. with an

unfair labor practice for allegedly transferring work from

Washington state to South Carolina, Republican lawmakers...

Federal Statutes

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

ERISA

NLRB Summaries

Industry Groups File Brief Asking Court

For En Banc Review of Kraft Foods Decision

Wage Trend Indicator

Calendar of Events

Four employee benefit industry groups filed an amicus brief May

13 urging the U.S. Court of Appeals for the Seventh Circuit to

rehear a divided three-judge ruling holding that the fiduciaries

of Kraft Foods Global Inc.'s 401(k) plan may...

Fair Representation

NATCA’s Change to Seniority Retroactivity

Breached Fair Representation Duty, ALJ Finds

The breached its duty of fair representation when it changed its

seniority policy to punish bargaining unit members who took

temporary management positions and subsequently returned to

the bargaining unit, a Federal Labor Relations Authority...

FLSA

Boom in Unpaid Internships Undercuts

Principles Behind FLSA, Speakers Say

As an explosion of workplace internships—often unpaid—has

taken place during the past two decades, employers have taken

advantage of the informality of the employment relationship to

evade the intentions behind the Fair Labor...

FLSA

1

NLRB-FOIA-00001124

Court Decertifies FLSA Collective Action

For Unpaid Overtime Against AT&T Mobility

A Fair Labor Standards Act collective action for unpaid overtime

that included more than 4,100 AT&T Mobility LLC retail sales

consultants and assistant store managers who opted into the

lawsuit must be decertified because the workers...

Health Care

Obama Administration Defends Waivers

Against Pawlenty's Claim of 'Crony Politics'

The Obama administration May 17 defended the waivers it has

issued under the health care overhaul law, saying they are

necessary to prevent workers from losing their current health

insurance until the most important provisions of the law take...

Hotels

Union Wins Rerun Vote at Boston Hotel

Following NLRB Ruling on Handbook Rules

BOSTON–Five years after narrowly voting to decertify their

union in an election that subsequently was set aside by the

National Labor Relations Board, employees at Back Bay Hotel in

Boston have overwhelmingly decided to retain representation...

NMB

House Republicans Condemn NMB

For Representation Election Rule Change

The National Mediation Board’s new rule governing

representation elections "allows a minority of employees to

determine union representation," Reps. Darrell Issa (R-Calif.),

chairman of the House Committee on Oversight...

Retaliation

Massachusetts Court Allows Worker to Sue

For Alleged Post-Employment Retaliation

A former executive with an educational publisher may pursue

his claims of retaliation under the Massachusetts anti-

discrimination law, the Massachusetts Supreme Judicial Court

held May 12 (Psy-Ed Corp. v. Klein, Mass., No. SJC-10722,...

Safety & Health

MSHA Issues 10 Withdrawal Orders

At Kentucky Coal Mine Recently Put on POV

The Labor Department's Mine Safety and Health Administration

has issued 10 withdrawal orders at Bledsoe Coal Corp.'s Abner

Branch Rider mine, just one month after the Leslie County, Ky.,

operation became one of the first mines ever...

Sexual Harassment

Court Declines to Stay Injunctive Relief

Including Posting of Harassment Verdict

Declining a restaurant operator's request for a stay pending

appeal of injunctive relief ordered after a sexual harassment

verdict, the U.S. District Court for the Eastern District of

Wisconsin May 17 ruled that the co-defendant would...

State Laws
2

NLRB-FOIA-00001125

Tennessee Lawmakers Pass Bill to Restrict

Municipalities' Anti-Discrimination Measures

RALEIGH, N.C.—Cities and counties in Tennessee would be

barred from adopting ordinances or resolutions extending

nondiscrimination requirements to groups not protected by state

law under a bill (H.B. 600) approved by state lawmakers...

Unfair Labor Practices

Court Denies Section 10(j) Injunction Bid,

Citing Inadequate Proof of Irreparable Harm

A National Labor Relations Board regional director is not entitled

to an injunction to prevent a hospital from threatening and

disciplining employees due to their union activities because the

petition for injunctive relief was not filed...

ALSO IN THE COURTS

Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

CONFERENCE REPORT

Safety & Health

Employee Exposure to Nanomaterials

Has Never Led to OSHA Citation, Official Says

PORTLAND, Ore.—The Labor Department's Occupational Safety

and Health Administration has never cited an employer for

exposing workers to nanomaterials, an agency official said May

16 at the 2011 American Industrial Hygiene...

Safety & Health

Linkage of Disease Biomarkers, Exposure

At Forefront of Occupational Health Research

PORTLAND, Ore.—Occupational health researchers need to

focus on identifying biomarkers for potential diseases because

genetic factors could account for a large percentage of

unexplained occupational illnesses, Paul Middendorf,...

Safety & Health

Standards Save Money, Promote Jobs,

OSHA Head Tells Industrial Hygienists

PORTLAND, Ore.—Responding to industry criticism that

standards promulgated by the Labor Department’s Occupational

Safety and Health Administration kill jobs, OSHA Administrator

David Michaels told the American Industrial...

ECONOMIC NEWS

Collective Bargaining

BNA Review of 2011 Bargaining Data Shows

Average First-Year Wage Hike of 1.4 Percent

An analysis of collective bargaining data compiled by BNA
3

NLRB-FOIA-00001126

through May 16 for all settlements showed that the average

first-year wage increase was 1.4 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 May 9-13, 2011

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.

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-00001127

Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

Thursday, May 19, 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; 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; Hoyte, Joan E.; 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

Right to Work Laws Defended, Attacked

In Wake of NLRB ULP Charge Against Boeing

Following the recent decision of the acting general counsel of the National Labor Relations Board to charge

Boeing Co. with an unfair labor practice for allegedly transferring work from Washington state to South

Carolina, Republican lawmakers...

Union Wins Rerun Vote at Boston Hotel

Following NLRB Ruling on Handbook Rules

BOSTON–Five years after narrowly voting to decertify their union in an election that subsequently was set

aside by the National Labor Relations Board, employees at Back Bay Hotel in Boston have overwhelmingly

decided to retain representation...

Union Wins Rerun Vote at Boston Hotel

Following NLRB Ruling on Handbook Rules

BOSTON–Five years after narrowly voting to decertify their union in an election that subsequently was set

aside by the National Labor Relations Board, employees at Back Bay Hotel in Boston have overwhelmingly

decided to retain representation...

NLRB's Weekly Summary of Cases, Dated May 9-13, 2011

Ruling: Workers illegally fired over Facebook posts

ABC Owned Television Stations – 05/19/11 05:28 –

Words matched: Lafe Solomon

WASHINGTON -- Federal labor regulators say a New York nonprofit illegally fired five employees after they went on Facebook to

criticize working conditions.

...workers to discuss jobs conditions with co-workers using social media . Lafe Solomon , the board's acting general counsel, has said

using Facebook...

Times Union loses appeal in dues case

PRLog – 05/18/11 17:23 –

Words matched: National Labor Relations Board, NLRB

The Albany Newspaper Guild gains another legal victory in its battle for a fair contract from the Times Union, a Hearst newspaper in

Albany, N.Y.
1

NLRB-FOIA-00001128

...an impressive string of victories the union has won. The National Labor Relations Board prosecuted the Times Union for breaking

the law when...

After three elections, union will organize at Pequot casino

Indianz.com – 05/18/11 11:00 –

Words matched: National Labor Relations Board

The first vote took place in April 2009 under tribal law. Employees voted against organizing with the United Food and Commercial

Workers Local 371 by a vote of 207 to 133.

...second election took place in July 2010 under the supervision of the National Labor Relations Board . Employees voted in favor of

organizing by 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-00001129

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Attachments:

Garza, Jose

Thursday, May 19, 2011 3:42 PM

Solomon, Lafe E.

Mattina, Celeste J.; Abruzzo, Jennifer; Kearney, Barry J.; Farrell, Ellen; Ahearn, Richard L.

Senator Blumenthal on floor today

image001.jpg

Please see below.

Jose P. Garza

Special Counsel for

Congressional and Intergovernmental Affairs

National Labor Relations Board

202-273-0013

THE PRESIDING OFFICER: THE SENATOR FROM CONNECTICUT.

{14:49:11 NSP} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

MR. BLUMENTHAL: THANK YOU, MR. PRESIDENT. MR. PRESIDENT, I RISE

TODAY TO VOICE MY CONCERNS ABOUT A GREAT DEAL OF THE

CONTROVERSY SURROUNDING A COMPLAINT ISSUED UNDER THE NATIONAL

LABOR RELATIONS ACT AGAINST THE BOEING COMPANY. BOEING RECENTLY

DECIDED TO OPEN A NEW PLANT IN SOUTH CAROLINA. THE NATIONAL

LABOR RELATIONS BOARD'S ACTING GENERAL COUNSEL, LIEF SOLOMON,

ISSUED A COMPLIANCE BECAUSE OF EVIDENCE THIS DECISION WAS MADE

IN RETALIATION FOR RECENT STRIKES AT THE BOEING PLANT IN THE

{14:49:41} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

PUGET SOUPED AREA. SOUPED -- PUGET SOUND AREA. NOW, I HOPE THAT

THERE IS NO DISPUTE ABOUT A COUPLE OF POINTS. FIRST, BOEING IS

A HIGHLY REPUTABLE COMPANY THAT PRODUCES GREAT PRODUCTS VALUED

AROUND THE WORLD AND GREAT JOBS. NOT JUST JOBS BUT GOOD JOBS.

AND THERE SHOULD BE NO DOUBT ALSO ABOUT THE IMPORTANCE OF

PUBLIC DEBATE, ROBUST CRITICISM OF GOVERNMENT AGENCIES,

{14:50:17} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

INCLUDING THE NATIONAL LABOR RELATIONS BOARD WHEN IT MAKES

DECISIONS THAT SPARK DISAGREEMENT. AND I HAVE THE GREATEST OF

RESPECT FOR MY COLLEAGUES ON BOTH SIDES OF THE AISLE WHO MAY

HAVE BEEN CRITICAL OF NLRB DECISIONS IN THE PAST AND OF THIS

ACTION IN THE PRESENT. AND THERE SHOULD BE NO DOUBT ALSO ABOUT

THE IMPORTANCE OF THE INTEGRITY OF THE NLRB PROCESS WHICH

BEGINS WITH A COMPLAINT, WHICH IS ALL WE HAVE HERE, AGAINST

{14:50:48} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

BOEING AND THEN HAS A PROCEDURE FOR CONSIDERATION BY

ADMINISTRATIVE LAW JUDGE OF THE FACTS AND THE LAW, THEN TO THE

FULL BOARD OF THE NLRB AND A RIGHT OF APPEAL TO THE COURT OF

APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. HERE IN THIS
1

NLRB-FOIA-00001130

INSTANCE THERE HAVE BEEN A SERIES OF ATTACKS ON THE COMPLAINT

AND THE ACTING GENERAL COUNSEL THAT INVOLVE APPARENT EFFORTS TO

{14:51:23} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

IMPEDE OR DERAIL THAT PROCESS AND TO PREJUDGE AND EVENT PREEMPT

THAT PROCESS. THE EFFECT IS SO POLITICIZE AND POTENTIALLY STOP

WHAT SHOULD BE A LEGAL PROCEEDING HANDLED UNDER THE APPROPRIATE

RULES AND LAWS AND STATUTES BY AN INDEPENDENT GOVERNMENT

AGENCY. THIS ISSUE IS ABOUT THE INTEGRITY OF THE PROCESS. AT

THIS POINT, THERE IS ONLY A COMPLAINT AGAINST BOEING. THIS

{14:52:02} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

COMPLAINT WAS ISSUED ON THE BASIS OF STATEMENTS AND DOCUMENTS

AND ACTIONS BY THE COMPANY ITSELF. THERE IS CERTAINLY EVIDENCE,

INCLUDING AT LEAST ONE BOEING EXECUTIVE'S STATEMENTS, THAT THE

COMPANY MAY HAVE RETALIATED AGAINST WORKERS. THE NLRB AND THE

ACTING COUNSEL HAVE NOT ONLY THE RIGHT BUT THE RESPONSIBILITY

TO INVESTIGATE AND ACT WHERE THE FACTS AND THE LAW ESTABLISH, A

{14:52:33} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

RIGHT, AN OBLIGATION TO DO SO. SO NO ONE SHOULD BE TRYING TO

PREJUDGE THIS CASE BEFORE IT GOES TO THE ADMINISTRATIVE JUDGE

AND NO ONE SHOULD BE SEEKING A PASS FROM THE APPROPRIATE

PROCESS AND NO ONE SHOULD BE SEEKING TO INTIMIDATE OR TO

INTERFERE WITH THIS LAWFUL PROCEEDING. I COME TO THE FLOOR

TODAY BECAUSE OF THE PROSPECT OF EXACTLY THAT DANGER OCCURRING

{14:53:07} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

HERE. ON MAY 12, CHAIRMAN DARRELL ISSA, REPRESENTING THE

CHAIRMAN ON GOVERNMENT OVERSIGHT AND REFORM, SENT A LETTER TO

THE ACTING GENERAL COWNS HE FEEL THE THE -- COUNSEL OF THE

NLRB, REQUESTING THAT HE PRODUCE ALL RELATED DOCUMENTS

PERTAINING TO THIS CASE. INDEED, THE LETTER HAS A NUMBER OF

PARAGRAPHS THAT ARE SWEEPING IN THEIR SCOPE, REQUESTING, FOR

EXAMPLE, DEMANDING THAT ALL DOCUMENTS AND COMMUNICATIONS

REFERRING OR RELATING TO THE OFFICE OF GENERAL COUNSEL'S

INVESTIGATION OF BOEING, INCLUDING BUT NOT LIMITED TO ALL

{14:53:46} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

COMMUNICATIONS BETWEEN THE OFFICE OF GENERAL COUNSEL AND THE

NATIONAL LABOR RELATIONS BOARD. THE HOUSE COMMITTEE, WITH ALL

DUE RESPECT, IS NOT A COURT, IT IS NOT THE ADMINISTRATIVE

JUDGE, IT IS NOT A PROPER PARTY TO BE DEMANDING THESE DOCUMENTS

IN THE COURSE OF A LAWFUL JUDICIAL PROCEEDING. AND THE

CHAIRMAN'S ATTEMPT TO INSERT THE COMMITTEE INTO THIS CASE BY

CONDUCTING ITS OWN ROUND OF DISCOVERY AT THIS POINT WOULD

{14:54:18} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

INTERFERE WITH THE NLRB'S ABILITY TO PREPARE AND PRESENT ITS

CASE BEFORE A REAL JUDICIAL OFFICER. THESE ACTIONS AND SOME

OTHERS ARE AN ATTACK ON THE INTEGRITY OF THE NLRB, AN ATTACK ON

ITS ABILITY TO MAKE DECISIONS AND ENFORCE THE LAW AS THE UNITED

STATES CONGRESS HAS INSTRUCTED IT AND REQUIRED IT TO DO BASED
2

NLRB-FOIA-00001131

ON DECISIONS INVOLVING THE FACTS AND THE LAW ALONE. THE NLRB IS

{14:54:54} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

PART OF OUR NUTRITIONAL SYSTEM, PART OF OUR JUSTICE SYSTEM, AND

IT SHOULD BE GIVEN THE OPPORTUNITY TO DO JUSTICE IN THIS

INSTANCE. IT SHOULD BE GIVEN THE OPPORTUNITY TO PROTECT

FAIRNESS AND PEACE AT THE WORKPLACE WHICH IS ULTIMATELY ITS

MANDATE AND ITS VERY SOLEMN RESPONSIBILITY, ITS TRADITION AND

ITS MANDATE FROM THE CONGRESS IS SO PROTECT JOBS AND TO FOSTER

{14:55:29} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

ECONOMIC GROWTH BY MAINTAINING PEACE AND FAIRNESS AT THE

WORKPLACE. AND THESE PRIORITIES SHOULD BE SHARED BY ALL OF THE

COUNTRY. I CERTAINLY BELIEVE AND HOPE THAT THE PEOPLE OF

CONNECTICUT WANT FAIRNESS AND PEACE IN THE WORKPLACE, AS WE DO

IN OUR WORKPLACES. THE NLRB, VERY SIMPLY, SHOULD BE GIVEN THAT

OPPORTUNITY TO DO JUSTICE HERE WITHOUT IMPROPER OR

INAPPROPRIATE INTERFERENCE BY MEMBERS OF THE UNITED STATES

{14:56:02} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

CONGRESS OR ANYONE ELSE, AND MY HOPE IS THAT IT WILL BE

VINDICATED AND THAT THE ATTACKS WILL CEASE AND THAT IT WILL BE

GIVEN THE OPPORTUNITY TO GO FORWARD LAWFULLY AND APPROPRIATELY

AND PROPERLY. THANK YOU, MR. PRESIDENT. AND I SUGGEST THE

ABSENCE OF A QUORUM.

3

NLRB-FOIA-00001132

NLRB-FOIA-00001133

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Martin, Andrew

Friday, May 20, 2011 4:36 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; Hoyte, Joan E.; 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 addendum

Right wing flies off course on Boeing controversy

The Hill – 05/20/11 11:19 –

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

Right-wing pundits and politicians have been in rare form over the past few weeks, with the National Labor Relations Board’s complaint

against Boeing serving as a catalyst for their ramped up attack on workers’ rights.

...in rare form over the past few weeks, with the National Labor Relations Board s complaint against Boeing serving as a catalyst for

their ramped ...

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-00001134

Microsoft Outlook

From:

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Mattina, Celeste J.

Tuesday, May 24, 2011 1:55 PM

Abruzzo, Jennifer

Jen, will you have a chance to look at the Boeing electronic file before 4:30?

1

NLRB-FOIA-00001135

Microsoft Outlook

From:

Sent:

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Subject:

Abruzzo, Jennifer

Tuesday, May 24, 2011 2:43 PM

Mattina, Celeste J.

Re:

Yes. I'll check it out in a few minutes.

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Mattina, Celeste J.

To: Abruzzo, Jennifer

Sent: Tue May 24 13:55:00 2011

Subject:

Jen, will you have a chance to look at the Boeing electronic file before 4:30?

1

NLRB-FOIA-00001136

Microsoft Outlook

BNA Highlights [bhighlig@bna.com]

Tuesday, May 24, 2011 10:13 PM

Abruzzo, Jennifer

May 24 -- BNA, Inc. Daily Labor Report

From:

Sent:

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

Tuesday, May 24, 2011 · Number 100

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

Discrimination

Agencies

Retail Worker Called an ‘Old Cripple' Lacks

States

ADA, ADEA Harassment Claims, Court Rules

Courts/Tribunals

A 51-year-old retail auto parts specialist who has lupus,

fibromyalgia, diabetes, and arthritis and claimed a 29-year-old

co-worker called him an "old cripple" cannot proceed with

hostile work environment claims under the Age...

Federal Statutes

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

Autos

NLRB Summaries

Chrysler Repays Government Loans;

Wage Trend Indicator

Democrats Credit TARP Rescue Plan

Calendar of Events

LANSING, Mich.—Chrysler Group LLC said May 24 it repaid $7.6

billion in U.S. and Canadian government loans, saving some

$350 million a year and reducing the Treasury's stake in the

company to 6.6 percent....

Disabilities

Fired Diabetic Driver Lacks ADA Claim

Because Not ‘Qualified' for Job, Court Rules

A highway sweeper operator with diabetes terminated by his

private employer because his medical condition prevented

renewal of his commercial driver's license has no Americans

with Disabilities Act claim because he was not qualified...

Discrimination

CRS Report Provides Legal Analysis

Of Employment Non-Discrimination Act

The Congressional Research Service released a report May 23

that provides a legal analysis of legislation (S. 811, H.R. 1397)

that aims to prohibit employment discrimination based on

sexual orientation and gender identity....

Employment Policies

1

NLRB-FOIA-00001137

Employers Increasingly Discipline Workers

Over Misuse of Social Media, Survey Finds

In 2011, some 42 percent of corporate compliance officers

polled said employees were disciplined for misusing social media

applications, an 18 percent hike since 2009, according to a

recent survey report....

Immigration

More Can Be Done to Combat Forced Labor,

Including Involving Businesses, Witnesses Say

The United States has taken steps to address the issue of forced

labor, but more can be done to combat human trafficking,

including involving the business community in supply chain

monitoring, witnesses said at a May 23 hearing before the

Commission...

NLRB

House Panel Leaders ‘Disappointed' by NLRB

Failure to Produce Boeing Case Documents

House Education and the Workforce Committee Chairman John

Kline (R-Minn.) and Phil Roe (R-Tenn.), chairman of the panel's

Health, Employment, Labor, and Pensions Subcommittee, May

24 said they were disappointed that the National Labor...

Retaliation

Provisions of Ohio's Tort Reform Statute

Apply to Claims Under State Job Bias Law

Ohio tort reform law applies to claims of employment

discrimination under the Ohio Civil Rights Act, a state appeals

court ruled May 19, ordering that a $46 million verdict—"the

largest retaliatory discharge jury award in Ohio...

Safety & Health

Hyatt Cited for Safety, Recordkeeping

Violations, but Not Ergonomic Hazards

Federal and state occupational safety and health agencies cited

Hyatt hotels in Chicago, San Antonio, Texas, and Hollywood,

Calif., in May for safety and recordkeeping violations but not for

alleged ergonomic problems that have been the...

Safety & Health

Jail for Company Owner, Foreman Over Worker's Fall

A California superior court sentenced a company owner and a

foreman to one-year jail terms May 23 for failing to put fall

protection measures in place that could have prevented the

death of a San Francisco roofer (California v. Shim, Cal. Super...

Safety & Health

Nursing Homes Targeted for Scrutiny

Under OSHA National Emphasis Program

Nursing homes and similar health care facilities are likely to be

the target of a national emphasis program to be developed by

the Labor Department’s Occupational Safety and Health

Administration, an action that would involve more...

Safety & Health
2

NLRB-FOIA-00001138

OSHA Launches Nationwide Survey

In an attempt to design better rules and compliance assistance

programs, the Labor Department’s Occupational Safety and

Health Administration May 23 said it has launched a survey of

employers to gather information about their safety...

State Laws

Nevada Governor Signs Bill Banning

Discrimination on Basis of Gender Identity

PHOENIX—Nevada Gov. Brian Sandoval (R) May 24 signed

legislation (A.B. 211) banning discrimination in employment

based on gender identity or expression, his press secretary told

BNA....

State Laws

Tennessee Governor Signs Measure

Curbing Some Local Anti-Bias Rules

RALEIGH, N.C.—Cities and counties in Tennessee are prohibited

from adopting ordinances or resolutions extending

nondiscrimination requirements to groups not protected by state

law under legislation (H.B. 600) signed into law...

Unemployment

DOL Promotes Job Clubs to Help Jobless

Cope with Unemployment, Find New Jobs

Job clubs that bring unemployed community members together

for moral support, networking, and job search training are an

important tool that should be encouraged during the aftermath

of the recession, Labor Department officials and job...

Utilities

UWU Members Ratify Three-Year Contract

With New Jersey’s Public Service Group

Members of Utility Workers Union Local 601 have ratified by a

93 percent majority of voting members a three-year contract

with Public Service Enterprise Group Inc. covering about 1,300

employees of the Newark, N.J.-based utility, a local...

Workers' Compensation

Washington Legislature Passes Measure

To Overhaul Workers' Compensation Program

SEATTLE—The Washington state legislature May 23 passed a bill

(EHB 2123) to overhaul its workers' compensation program for

the purpose of stabilizing premium rates and claim costs....

Youth Employment

Unemployed Youth, Dropouts Challenge

Federal Job Training Efforts, CRS Reports

Challenges in the economy and among certain youth

populations have heightened concern that young people may

not have the educational attainment and employment

experience needed to become highly skilled workers,

contributing taxpayers,...

ALSO IN THE COURTS
3

NLRB-FOIA-00001139

Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

CONFERENCES & MEETINGS

Calendar of Events

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4

NLRB-FOIA-00001140

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From:

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Abruzzo, Jennifer

W ednesday, May 25, 2011 8:52 AM

Mattina, Celeste J.

DLR

House Panel Leaders ‘Disappointed' by NLRB

Failure to Produce Boeing Case Documents

House Education and the Workforce Committee Chairman John Kline (R-Minn.) and Phil Roe (R-Tenn.),

chairman of the panel's Health, Employment, Labor, and Pensions Subcommittee, May 24 said they were

disappointed that the National Labor Relations Board's acting general counsel has resisted their request for

internal documents concerning a highly publicized unfair labor practice complaint against Boeing Co.

Writing to the chairmen May 19 on behalf of Acting General Counsel Lafe E. Solomon, Celeste J. Mattina, the

NLRB's acting deputy general counsel, provided a two-page chronology of the agency's consideration of the

case.

But she told Kline and Roe that their extensive May 5 request for internal documents and research was “the

first this Agency has ever received from a Committee of the House of Representatives with jurisdiction over the

Agency seeking documents within litigation files of an open enforcement action.”

Writing that prematurely disclosing the acting general counsel's strategic plans could compromise the Boeing

litigation and “result in an unfair advantage to one litigant over another,” NLRB failed to produce the

documents Kline and Roe requested. However, the agency offered to meet with the chairmen to discuss “further

information needs that you may have.”

In the May 24 statement, Kline said that “NLRB is not exempt from congressional oversight or public scrutiny.”

But he added “the general counsel's office has offered to discuss our request further, and we intend to take them

up on their offer.”

Document Dispute Relates to Boeing Litigation

According to the NLRB complaint and a “fact sheet”issued by the acting general counsel, the International

Association of Machinists has represented Boeing production and maintenance employees in the Puget Sound

area of Washington, and in Portland, Ore., in two bargaining units that have been covered by a series of

collective bargaining agreements with the union

The company, which has a backlog of orders for its new 787 Dreamliner, announced in October 2009 that it

would build a second assembly line in North Charleston, S.C., rather than in the Puget Sound area (207 DLR A-

7, 10/29/09). The company said it planned to produce three Dreamliners per month in South Carolina in

addition to seven per month at the Puget Sound facility.

IAM filed an unfair labor practice charge over the Boeing announcement, and on April 20, NLRB's Seattle

regional director, Richard Ahearn, issued a complaint, authorized by Solomon, that alleges that the company's

actions violated National Labor Relations Act Section 8(a)(1), which prohibits an employer from interfering

with, restraining, or coercing employees in their exercise of rights under the federal labor law, and Section

8(a)(3), which makes it an unfair labor practice for an employer “by discrimination in regard to hire or tenure of

employment or any term or condition of employment to encourage or discourage membership in any labor

organization.”

The case, which has provoked public criticism and calls for legislative action (95 DLR C-1, 5/17/11) is

scheduled for a hearing before an administrative law judge in Seattle beginning on June 14.

Chairmen Requested NLRB Explanation, Documents

In their May 5 letter to Solomon, Kline and Roe acknowledged that the facts of case against Boeing “are still in

dispute,” but they expressed concern that the case “could have significant consequences for job-creators and

workers.”

Kline and Roe observed that the NLRB complaint “references alleged statements made by Boeing officials

between October 2009 and March 2010 that work stoppages were one reason for choosing the new location.”
1

NLRB-FOIA-00001141

But they observed that in June 2010, Ahearn was quoted by the Seattle Times as saying “it would have been an

easier case for the union to argue if Boeing had moved existing work from Everett[, Wash.], rather than placing

new work in Charleston.”

The chairmen said that 10 months after the newspaper interview, Ahearn signed the unfair labor practice

complaint against Boeing, which Solomon has said he authorized. Kline and Roe said “[t]he pivot in position by

NLRB officials, as well as the unusual timing, raises serious concerns that warrant congressional inquiry.”

They asked Solomon to provide by May 19 “a description of what transpired between June 2010 and April 2011

that led the NLRB to alter its opinion in this matter,” as well as all documents and communications between the

NLRB regional and national offices concerning the case. The House panel also asked for all documentation that

supports the NLRB view that work “is being ‘transferred' in this case,” as well as “[p]ast precedent that supports

a finding that Boeing violated sections 8(a)(3) and 8(a)(1) of the NLRA when it decided to locate, not transfer, a

second assembly line.”

NLRB Official Explains Remarks, Chronology

Mattina responded at length in her May 19 letter concerning Ahearn's remarks and the chairmen's inquiry about

the timing of the eventual complaint against Boeing.

According to the NLRB letter, the charge filed by IAM District Lodge 751 in Seattle on March 26, 2010, was

investigated by the NLRB regional office until Aug. 31, 2010, when Ahearn submitted the case to NLRB's

Division of Advice in Washington, D.C. Such a submission was consistent with the agency's established

practice in “cases of national significance,” Mattina wrote.

Solomon recognized the significance of the case to the company and the union, Mattina said, and the acting

general counsel issued an Oct. 19, 2010, invitation for Boeing to make an oral presentation of its case in

Solomon's Washington, D.C., office. Boeing made its presentation on Dec. 15, 2010, and the union made an

oral presentation on Jan. 19, followed by a written statement of position.

According to NLRB, Solomon encouraged the company and the union to settle the dispute, and Ahearn signed

and issued the complaint on behalf of the acting general counsel on April 20 only after settlement efforts failed.

Mattina wrote that discrimination cases under Section 8(a)(3) of the NLRA involve shifting burdens and require

a “careful and balanced assessment of whether protected conduct of employees was a motivating factor in the

employer's decision and whether the employer can affirmatively introduce evidence to demonstrate that the

challenged action would have taken place regardless of the employees' protected activity.”

Ahearn's remarks “merely reflect an appropriate appreciation of the delicate balancing and careful scrutiny of

often conflicting evidence,” Mattina said. She added that while Ahearn had predicted in June 2010 that an

“initial ruling” in the case was “weeks away,” the delay in issuance of a complaint until April 2011 was the

result of Solomon's giving the parties additional time to argue their positions and to explore possible settlement

before advancing the case by issuing a complaint.

Official Describes Objections to Document Disclosure

Addressing the chairmen's request for internal documents reflecting NLRB discussions and consideration of the

case, and supporting documents and research, Mattina described several concerns.

Stating that NLRB litigation files typically contain affidavits taken from witnesses who have been promised

confidentiality, Mattina also said the files contain “the privileged work product of our attorneys and ‘road maps'

of our litigation plans and preparations.”

In NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214, 98 LRRM 2617 (1978), the U.S. Supreme Court

upheld NLRB's policy of withholding witness affidavits in open cases from disclosures made under the

Freedom of Information Act, and Mattina said the high court “recognized the importance of protecting the

NLRB's assurances of confidentiality.”

The House chairmen also asked Solomon to produce “all documents and communications that support the

NLRB's position that work is being ‘transferred' in this case,” as well as “past precedent” that would support a

finding Boeing violated the NLRA.

Mattina said that “we are not in a position to address the issues to be litigated in the public hearing … outside

the context of that hearing.” Stating that the information Kline and Roe requested “goes to the crux of those

issues,” Mattina said that the acting general counsel has already disclosed the “basic facts and legal theory” in

the complaint against Boeing as well as in press releases and a fact sheet posted on NLRB's website.
2

NLRB-FOIA-00001142

Once the hearing commences, Mattina said, NLRB could provide the House committee with copies of the

transcript and exhibits and post-hearing briefs of the parties.

Mattina concluded that NLRB representatives “would be pleased to meet” with Kline and Roe “to discuss how

we might accommodate further information needs that you may have, consistent with our need to protect the

integrity of our legal processes.”

Kline, Roe Call Response ‘Insufficient.'

In the joint statement by the committee leaders, Kline said, “While this insufficient response is not entirely

unexpected from today's board, it is still extremely disappointing.” Stating that there are “legitimate questions

over public statements made by NLRB officials and the timing of its complaint,” the House committee

chairman said that “[t]he American people deserve a full explanation and Congress has a right to a complete

response.”

Roe said that NLRB's “troubling allegations” against Boeing “warrant further investigation,” and said that the

“extreme remedy” sought by the acting general counsel “will have a detrimental effect on local economies and a

chilling effect on the American workforce.” Stating that he is “very concerned” about NLRB action in the

Boeing case, Roe said he “will be exploring these allegations further.”

Kline charged that “[f]or more than two years, the Obama board has pursued an activist agenda that champions

the interests of Big Labor over the interests of all American workers.”

“Republicans have pledged to make job creation a leading priority,” Kline said, “and our oversight of the NLRB

will remain an important part of that effort.”

3

NLRB-FOIA-00001143

Microsoft Outlook

BNA Highlights [bhighlig@bna.com]

Thursday, June 02, 2011 9:50 PM

Abruzzo, Jennifer

Jun. 2 -- BNA, Inc. Daily Labor Report

From:

Sent:

To:

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

Thursday, June 2, 2011 · Number 106

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

Age Discrimination

Agencies

Court Applies ‘Cat's Paw' Theory to ADEA,

States

But Affirms Fired Plaintiff Lacks Bias Claim

Courts/Tribunals

A human resources department employee who was fired at age

62 after her company determined she had improperly disclosed

another employee's confidential medical information lacks a

triable discrimination claim under the Age Discrimination...

Federal Statutes

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

Airlines

NMB to Investigate AFA Charges That Delta

Interfered With Flight Attendants Election

NLRB Summaries

Wage Trend Indicator

Calendar of Events

ATLANTA—The National Mediation Board announced June 1 that

it will conduct a full onsite investigation into whether Delta Air

Lines interfered with a representation election of flight

attendants last November that the Association...

Airlines

Pilots’ Union Charges U.S. Airways Delayed

Efforts to Reach Single Integrated Contract

The union representing nearly 4,000 active pilots at US Airways

May 27 sued the airline, charging that it has delayed efforts to

reach a single integrated collective bargaining agreement since

its 2005 merger with America West (U.S. Airline...

Construction

House Rejects Davis-Bacon Repeal Plan

In Homeland Security Bill; Approves PLA Ban

The House June 2 voted down an amendment to the

Department of Homeland Security Appropriations Act of 2012

(H.R. 2017) that would have prohibited the use of Davis-Bacon

Act wage rates on construction projects funded by the

agency....

1

NLRB-FOIA-00001144

Ergonomics

Evidence That Injury Was Work-Related

Held Sufficient to Invoke Recordkeeping Rule

An administrative law judge for the Labor Department’s

Occupational Safety and Health Administration affirmed an

other-than-serious violation and a $900 penalty against

Caterpillar Logistics Services for failing to record one...

Federal Employees

House Republicans Urge Spending Curbs

For 'Official Time' in Federal Government

Spending for "official time" for union activities in federal

agencies came to $129 million in fiscal year 2009, Rep. Dennis

Ross (R-Fla.), chairman of the House Oversight and

Government Reform Subcommittee on Federal Workforce,...

Immigration

Shuler Reintroduces SAVE Act Mandating

E-Verify Use, Beefed Up Enforcement

Rep. Heath Shuler (D-N.C.) May 26 reintroduced legislation

(H.R. 2000) that would change the nation's immigration system

by expanding and mandating the use of the federal

government’s employment screening program E-Verify,...

Labor Department

DOL Launches Website for Comments on Rules

The Labor Department has launched a website through which

the public may comment on the agency's preliminary plan to

revise department regulations, DOL announced June 2....

Labor Department

With DOL's Fiscal Processes Improving,

FY 2010 Audit is Complete, Witnesses Say

In the past six months, the Labor Department has sufficiently

solved problems associated with its new financial management

system to receive an audit letter approving its fiscal year 2010

financial statements, Labor Department officials...

Manufacturing

IUE-CWA Contract With ITT Night Vision

Expands Wages, Pensions for 1,000 Workers

Some 1,000 production and maintenance employees

represented by the International Union of Electronic Workers-

Communications Workers of America Local 82162 are working

under a renewed collective bargaining agreement with ITT Night

Vision...

Pensions

Actuary Says Public Plans Want IRS

To Rework Rules on Normal Retirement Age

Some public employers and practitioners have asked the

Internal Revenue Service and the Treasury Department to

rework a 2007 regulation that defined "normal retirement age"

for tax-qualified plans, largely out of concern that...

Pensions
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Court Invalidates Pension Amendment

That Removed Nabisco Stock From Plan

The administrative committee of R.J. Reynolds Tobacco Co.'s

pension plan did not comply with the plan's amendment

procedures when it amended the plan in 1999 to remove

Nabisco stock, the U.S. District Court for the Middle District...

Public Employees

Tennessee Governor OKs Measure

Nixing Collective Bargaining for Teachers

RALEIGH, N.C.—Collective bargaining for public school teachers

in Tennessee has been eliminated under a bill (H.B. 130/S.B.

113) signed into law by Gov. Bill (R) Haslam June 1....

Safety & Health

Study Finds Unionization of Miners

Contributes to Decline in Injuries, Fatalities

Unionization of miners who work in underground coal mines

"predicts a substantial and significant decline in traumatic

mining injuries and fatalities," according to a May 27 draft of a

study by a law professor....

Sex Discrimination

Suit Alleges Major Audit Firm Restricts

Career Path Movement of Female Managers

"Big Four" accounting firm KPMG prefers men to women when it

doles out career advancement opportunities, engages in sex-

based discrimination in pay and other areas, unfavorably treats

pregnant female employees and working mothers...

State Employees

8-to-5 Resumes for Utah Public Employees

DENVER—Utah executive branch offices Sept. 6 will return to

operating hours of 8 a.m. to 5 p.m. five days a week, Gov. Gary

R. Herbert (R) announced June 1. The decision ends the state's

nearly three-year-old "Working 4 Utah"...

State Laws

Oklahoma Governor Approves

Employment Anti-Discrimination Bill

HOUSTON—Legislation (S.B. 837) that will revise Oklahoma's

employment anti-discrimination laws by limiting liability and the

ability of employees to secure relief, among other changes, is

set to take effect Nov. 1....

Teamsters

National Contract Between IBT, First Student

Has Standard Work Rules, Grievance Policy

Members of the International Brotherhood of Teamsters have

ratified a first national collective bargaining agreement with

First Student Inc. that improves job conditions and provides

protections for more than 20,000 school bus drivers...

Unfair Labor Practices

South Carolina Boeing Workers File Motion

To Intervene in Unfair Labor Practice Case
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South Carolina employees of Boeing Co. who contend that a

National Labor Relations Board unfair labor practice complaint

against the company threatens their employment filed a motion

June 1 asking to intervene in the case (Boeing Co., NLRB,...

Veterans

Veteran Transition Program Being Revamped,

Labor Department Official Tells House Panel

The Labor Department is redesigning its Transition Assistance

Program (TAP) to improve its services to veterans who are

entering into civilian careers, a top department official testified

before a House panel June 2....

ALSO IN THE COURTS

Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

ECONOMIC NEWS

Productivity

First Quarter Gain in Output Per Hour

Revised Up to 1.8 Percent, BLS Says

A stronger gain in output than first estimated boosted

productivity in the nonfarm business sector by 1.8 percent in

the first quarter of 2011, a decline from the prior quarter when

productivity increased 2.9 percent, according to revised...

Unemployment Insurance

Filings of UI Claims Fell by 6,000

In Week Ending May 28, ETA Reports

The number of workers filing individual unemployment

insurance claims during the week ending May 28 totaled

422,000 on a seasonally adjusted basis, a drop of 6,000 from

the previous week’s revised total of 428,000, the Labor

Department’s...

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4

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Microsoft Outlook

BNA Highlights [bhighlig@bna.com]

Tuesday, June 07, 2011 6:05 PM

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Latest Developments

Accusing IAM Unit of ‘Pay-to-Play' Spending, DeMint Seeks NLRB Release of Boeing

Files

Posted June 7, 2011, 5:10 P.M. ET

Sen. Jim DeMint (R-S.C.) requested June 6 that the National Labor Relations Board's acting

general counsel release copies of internal agency documents and records concerning a highly

publicized unfair labor practice complaint against Boeing Co., stating the documents are

needed to determine whether “possible input” from “politically connected special interests”

influenced the issuance of the NLRB complaint.

NLRB Acting General Counsel Lafe E. Solomon authorized the April 20 complaint, which

alleges that Boeing unlawfully established a second assembly line for its 787 Dreamliner

aircraft at a nonunion plant in South Carolina in order to retaliate against workers in

Washington state represented by the International Association of Machinists District Lodge

751 who had supported lawful economic strikes against Boeing during earlier contract

disputes. An NLRB administrative law judge will conduct a hearing on the complaint

beginning June 14 in Seattle.

But DeMint cited a statement in a district lodge newsletter as evidence that the Seattle-

based union “would appear to be openly engaged in a pay-to-play system of political

influence,” and he submitted a Freedom of Information Act request for agency documents he

said are needed “to assure the public of the purity of the NLRB's intentions and the propriety

of its actions.”

In his letter addressed to Solomon and an agency FOIA officer, DeMint quoted an April 2011

newsletter published by District Lodge 751 that urged union members to contribute to the

Machinists Non-Partisan Political League, telling them that “MNPL money gains your Union

access to officials, which is critical to get out issues addressed and ensure our input is

heard.”

According to the IAM's website, MNPL is the “political arm” of the union, and was established

in 1947 “to allow IAM members to gather individual contributions, coordinate political

activity, and elect candidates who support IAM members and their families.”

NLRB spokeswoman Nancy Cleeland said June 7 that Sen. DeMint's request will be reviewed

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NLRB-FOIA-00001149

by the FOIA officer.

District Lodge 751 did not respond to a request for comment on DeMint's letter.

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

issue.

E-Mail That Didn't Give Final Notice of Firing Did Not Trigger SOX Filing Period, ARB

Rules

Posted June 7, 2011, 5:53 P.M. ET

An administrative law judge erred when she dismissed as untimely filed the Sarbanes-Oxley

Act whistleblower complaint of a credit card company investigations director who alleged she

was fired in retaliation for complaining about supervisor misconduct, the Labor Department's

Administrative Review Board ruled May 31 (Avlon v. Am. Express Co., DOL ARB, No. 09-089,

5/31/11 [released 6/6/11]).

Reversing and remanding the ALJ, the board found that SOX's 90-day statute of limitations

was not triggered by a September 2007 e-mail sent by American Express Co. (AMEX) to

Christine Avlon, who had taken paid administrative leave while her complaints were being

investigated. That e-mail, which offered Avlon the possibility of continued employment with

the company, did not constitute a “final, definitive, and unequivocal” notice of termination in

order for the limitations period to begin, ARB said.

Instead, the board said, a December 2007, AMEX e-mail, in which the company made clear

that the possibility of Avlon’s retaining her employment was “no longer an option” if she

refused to return to her former position, triggered SOX's statute of limitations. Given that

Avlon filed her SOX complaint with the Labor Department's Occupational Safety and Health

Administration on March 2, 2008—a date that fell within 90 days of the December e-mail—

her complaint was timely filed, ARB held.

The board directed the ALJ on remand to determine whether Avlon engaged in protected

activity and whether that activity contributed to her termination. When conducting her

analysis, the board said, the ALJ may consider allegations in Avlon's complaint that are

related to her retaliatory discharge claim, including her contention that AMEX refused her

transfer request to avoid working for the supervisor she accused of misconduct, even if those

allegations “cannot stand as independent adverse actions” because they are discrete acts

that occurred beyond the 90-day limitations period.

Administrative Appeals Judges Lisa Wilson Edwards, Paul M. Igasaki, and Luis A. Corchado

joined in the opinion.

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

issue.

Projected Hiring Levels Up Over Year Ago, BNA's Employment Outlook Finds

Posted June 7, 2011, 4:25 P.M. ET

Employer hiring projections are up over levels recorded one year ago and well above levels

observed in 2009, according to projections from 215 employers responding to BNA's

quarterly employment survey for the third quarter of 2011.

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NLRB-FOIA-00001150

The survey found, however, that there has been little change in employment prospects for

production and service or technical and professional employees in 2011. Over the first three

quarters of this year, employer hiring intentions have fluctuated in a seemingly random

fashion for these two groups while declining for office and clerical staff.

Anticipated hires for production and service staff has not followed any discernible pattern

thus far. The 26 percent of surveyed employers that anticipated adding production and

service positions in the first quarter of 2011 fell to 22 percent in the second quarter and then

rose to 26 percent for the third quarter of this year.

There also is little discernible direction in hiring trends this year for technical and professional

staff. Anticipated hires increased slightly from 31 percent of employers in January through

March to 33 percent in April through June, then declined 1 percentage point to 32 percent for

July through September of this year.

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

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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.

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

distribution is prohibited.

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Microsoft Outlook

BNA Highlights [bhighlig@bna.com]

Tuesday, June 07, 2011 10:53 PM

Abruzzo, Jennifer

Jun. 7 -- BNA, Inc. Daily Labor Report

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Tuesday, June 7, 2011 · Number 109

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

Whistleblowers

Agencies

E-Mail That Didn't Give Final Notice of Firing

States

Did Not Trigger SOX Filing Period, ARB Rules

Courts/Tribunals

An administrative law judge erred when she dismissed as

untimely filed the Sarbanes-Oxley Act whistleblower complaint

of a credit card company investigations director who alleged she

was fired in retaliation for complaining about supervisor...

Federal Statutes

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

AFL-CIO

Trumka Warns Politicians They Need to Help

Working Families to Get Support of Labor

NLRB Summaries

Wage Trend Indicator

Calendar of Events

AFL-CIO President Richard Trumka June 7 reiterated a warning

to politicians that unions plan to hold elected officials

accountable and decide on whether to support them for re-

election based on whether they help or hurt working families....

Disabilities

Jury Returns $600,000 Verdict for EEOC

In ADA Suit Alleging Failure to Accommodate

A federal court jury in Peoria, Ill., has returned a $600,000

verdict for the Equal Employment Opportunity Commission in a

suit alleging that AutoZone Inc. violated the Americans with

Disabilities Act by failing to reasonably accommodate...

EEOC

EEOC Seeks Public Comment on Regulatory Review

The Equal Employment Opportunity Commission is seeking

public comments on its preliminary plan for review of significant

agency regulations that was developed in response to President

Obama's Executive Order 13563, EEOC announced...

ERISA

‘Stock Drop’ Case Against First Horizon

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Is Cleared to Proceed as a Class Action

As many as 15,000 participants and beneficiaries of First

Horizon National Corp.’s savings plan were certified as a class

June 3 by the U.S. District Court for the Western District of

Tennessee in a lawsuit alleging First Horizon failed...

ERISA

DOL Files Amicus Brief in Ninth Circuit

For 401(k) Plan Excessive Fees Lawsuit

Secretary of Labor Hilda Solis in an amicus brief dated May 25

agreed with a district court that fiduciaries of a 401(k) plan

acted imprudently by including as investment options retail

mutual funds that were available at a lower institutional...

Federal Employees

FLRA’s OGC Issues Guidance Indicating

Intent to Seek Electronic Notice Postings

The Federal Labor Relations Authority’s Office of the General

Counsel will begin to seek electronic notice posting as a remedy

where federal agencies normally communicate with their

employees electronically, according to a May 31...

Federal Employees

One Hire for Every Three Federal Retirees Under Bill

Only one new federal employee could be hired for every three

that retire or separate from service during the next three fiscal

years, or until the size of the executive branch has been

reduced by 10 percent, under legislation (H.R. 2114)

introduced...

FLSA

North Carolina Forestry Workers May Pursue

Overtime Claims, State Appeals Court Rules

RALEIGH, N.C.—Foresters employed by a North Carolina agency

may pursue a lawsuit claiming they were not properly

compensated for overtime, the state appeals court ruled June 7

(Brown v. N.C. Dept. of Environment and Natural

ResourcesN.C....

Human Resources

Human Resources Officials Tell LERA Forum

That They Often Get Involved in Lobbying

Many human resources executives spend a good deal of their

time on lobbying activities, particularly with regard to union and

health care issues, panelists said June 7 at the Labor and

Employment Relations Association National Policy Forum....

Immigration

Mayorkas Says USCIS Focusing on Policies

To Streamline Legal Immigration Process

Until a comprehensive immigration overhaul is passed in

Congress, the Department of Homeland Security's U.S.

Citizenship and Immigration Services plans to focus on

streamlining and improving the processing of employment visas,

USCIS...

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Minimum Wage

Recent Studies Show Minimum Wage Hikes

Could Bolster Economy, Think Tanks Say

Close reading of two recent studies shows that increasing the

minimum wage could bolster the U.S. economy without slowing

job growth, representatives of two think tanks said during a

June 7 panel discussion in Washington, D.C....

Mining

United Mine Workers Election Win

At Willow Lake Mine Challenged by Peabody

Peabody Energy Corp. has challenged the union election

conducted by the National Labor Relations Board Region 14

among coal miners at the Willow Lake Mine in Equality, Ill., in

which the workers voted 219-206 with one voided ballot for

representation...

NLRB

Accusing IAM Unit of ‘Pay-To-Play' Spending,

DeMint Seeks NLRB Release of Boeing Files

Sen. Jim DeMint (R-S.C.) requested June 6 that the National

Labor Relations Board's acting general counsel release copies of

internal agency documents and records concerning a highly

publicized unfair labor practice complaint against...

NLRB

Associate General Counsel Updates Regions

On Immigration Issues in NLRB Proceedings

The National Labor Relations Board's associate general counsel

June 7 updated regional office employees on procedures for

addressing the immigration status of employees involved in

representation cases and unfair labor practices...

Prevailing Wages

Illinois to Boost Penalties for Violations

By Contractors of Prevailing Wage Rules

CHICAGO–Illinois lawmakers finished out their spring legislative

session endorsing a prevailing wage enforcement measure (H.B.

3237) that boosts criminal penalties for violations and imposes

new recordkeeping and record retention...

Race Discrimination

Black Pharmacist Fired in Hospital's RIF

Failed to Show Race Bias in Termination

A black hospital pharmacist failed to show that her termination

pursuant to a reduction-in-force policy violated the Civil Rights

Act of 1871 (42 U.S.C. § 1983), the U.S. Court of Appeals for

the Fifth Circuit ruled May 23, affirming a...

Safety & Health

Agriculture Workers Face Greatest Risk

Of Illness from Pesticide Drift, Study Says

Agriculture workers are the group that faces the greatest risk of

illness from airborne drift of pesticides, according to a study

published in the June 6 issue of Environmental Health

Perspectives....
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NLRB-FOIA-00001154

Sexual Harassment

Court Says Failure to Post Verdict Notice

To Cost Restaurant Chain $1,000 Per Day

Finding the operator of a chain of restaurants in civil contempt

for violating an injunction ordering the posting of workplace

notices about a sexual harassment jury verdict, a federal district

court in Wisconsin imposed a conditional fine...

Trade

China to Eliminate Wind Power Subsidy

At Center of WTO Proceeding With U.S.

GENEVA—China has eliminated a program providing subsidies to

domestic manufacturers of wind power equipment that the

United States claimed violated global trade rules, the Office of

the U.S. Trade Representative announced June...

Work & Family

Survey Results Show Working Fathers

Find It Difficult Balancing Work, Home Life

Some 68 percent of working fathers have experienced

negativity or problems with their current employer as a result of

conflicts between their jobs and their caregiver duties, while 57

percent reported that it has happened multiple times with...

ALSO IN THE COURTS

Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

ECONOMIC NEWS

Employment

Fewer Workers Hired in April, but Layoffs,

Other Separations Also Declined, BLS Says

Nonfarm employers, including those in government, hired 4.0

million workers, both full- and part-time, in April, 95,000 fewer

than the nearly 4.1 million hired the prior month, the Labor

Department's Bureau of Labor Statistics said...

Employment

Projected Hiring Levels Up Over Year Ago,

BNA's Quarterly Employment Outlook Finds

Employer hiring projections are up over levels recorded one

year ago and well above levels observed in 2009, according to

projections from 215 employers responding to BNA's quarterly

employment survey for the third quarter of 2011....

TEXT

NLRB's Weekly Summary of Cases, Dated May 30-June 3,

2011
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BNA INSIGHTS

The Ever-Expanding World of Retaliation: The Supreme

Court Continues the Trend

Retaliation claims, filed as stand-alone claims or in connection

with race, sex, age, or other discrimination claims, have been

on the rise for more than 15 years. According to Equal

Employment Opportunity Commission data, retaliation claims...

VIDEO

See Latest Video: Litigating FLSA Class Actions in Light of

Twombly and Iqbal Discussed by Gibson Dunn Attorneys

Julian Poon and Jesse Cripps

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

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

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the license agreement with BNA. Unauthorized access or distribution is

prohibited.

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NLRB-FOIA-00001156

Microsoft Outlook

BNA Highlights [bhighlig@bna.com]

W ednesday, June 08, 2011 5:44 PM

Abruzzo, Jennifer

Jun. 8 -- BNA, Inc. Daily Labor Report - Latest Developments

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Latest Developments

Firing of Replacement Workers Was Not ‘Mass Layoff' Under WARN Act, Eighth

Circuit Says

Posted June 8, 2011, 3:53 P.M. ET

Temporary workers hired by Kohler Co. to replace union workers on strike and then fired

once the labor dispute settled cannot proceed with a claim that the company failed to provide

them with adequate termination notice under the Worker Adjustment and Retraining

Notification (WARN) Act because their discharges did not constitute a “mass layoff” within

the statute's meaning, the U.S. Court of Appeals for the Eighth Circuit ruled today (Sanders

v. Kohler Co., 8th Cir., No. 10-1848, 6/8/11).

Affirming summary judgment to Kohler, the appellate court found no triable issue of fact that

the company was required to provide 60 days' notice because there was no reduction in

force (RIF) that resulted in an “employment loss” for “at least 50 employees,” as provided in

the WARN Act at 29 U.S.C. § 2101(a)(3).

Agreeing with Sixth Circuit precedent, the Eighth Circuit said fired employees who are

replaced cannot be considered as part of a RIF and thus cannot count “as part of the

aggregate number of employee layoffs that must be met to satisfy the numerosity

thresholds” of the WARN Act. Here, the court said, the 123 fired replacement workers were

themselves replaced by 103 original striking employees who were reinstated under a labor

settlement agreement, resulting in a RIF of only 20 employees, which did not trigger the

WARN Act's notice requirement.

Judge Roger L. Wollman wrote the opinion, joined by Judges James B. Loken and Lavenski R.

Smith.

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

issue.

Obama Steps Up Defense of Spending on Worker Training, Education

Posted June 8, 2011, 1:04 P.M. ET

President Obama today defended continued government investment in effective worker
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NLRB-FOIA-00001157

training and education programs, despite his deficit-hawk critics who are calling loudly for

massive cuts in federal spending.

Obama, speaking at the Northern Virginia Community College in Alexandria, Va., said if a

program does not work in training people for the jobs of the future, it should be eliminated.

“If the program is working, we should put more money into that program,” he said.

The government must be “ruthless” in evaluating what works and what does not, so that

people can get jobs and industry can get the workers it needs, Obama said.

“That's how we're going to help more Americans climb into the middle-class and stay there.

That's how we're going to make our overall economy stronger and more competitive,” the

president said.

It is possible to choose not to do this and not make investments in clean energy, let tuition

prices rise, and force more Americans to give up on their dreams, Obama said. It is possible

to concede that with foreign competition and low wages overseas, U.S. manufacturing is “out

the door” and there is nothing that can be done about it, he said.

“We could decide in solving our fiscal problems that we can't afford to make any of these

investments, and those of us who've done very well don't have to pay any more taxes in

order to fund these investments,” he said.

“But I want to make clear that's not our history, that's not who we are. I don't accept that

future for the United States of America,” Obama said.

Instead, the president said he envisions a country that out-competes every other nation, is

the engine of innovation and discovery, and where workers are trained to manufacture in the

United States.

Click here for the latest issue of Daily Labor Report.

House Oversight Committee May Try to Force Solomon to Attend South Carolina

Hearing on Boeing

Posted June 8, 2011, 5:33 P.M. ET

The chairman of a House oversight committee, which has scheduled a June 17 field hearing

in North Charleston, S.C., to investigate a highly publicized unfair labor practice complaint

filed by the National Labor Relations Board against Boeing Co., has hinted the committee

may attempt to compel NLRB’s acting general counsel to attend the hearing if he continues

to refuse to do so.

In a June 7 letter to NLRB Acting General Counsel Lafe E. Solomon, Rep. Darrell Issa (R-

Calif.), chairman of the Committee on Oversight and Government Reform, asked the NLRB

official to reconsider his June 3 refusal to appear at the hearing so that the committee “will

not have to consider the use of the compulsory process.” Issa gave Solomon until 10:00

a.m. June 10 to respond.

The congressional hearing titled, “Unionization Through Regulation: The NLRB's Holding

Pattern on Free Enterprise,” is being held to gather information regarding the impact of the

complaint, authorized by Solomon, on workers in South Carolina. The complaint alleges that

Boeing unlawfully established a second assembly line for the 787 Dreamliner aircraft at a

nonunion plant in South Carolina in order to retaliate against workers in Washington state

represented by the International Association of Machinists District Lodge 751. The workers
2

NLRB-FOIA-00001158

had supported lawful economic strikes against Boeing during earlier contract disputes.

In a related development, Solomon June 7 opposed a motion filed earlier this month by three

South Carolina Boeing employees to intervene in the ULP complaint case, which will be heard

before an NLRB administrative law judge beginning June 14 in Seattle, Wash.

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

issue.

Court Says Poultry Workers' Time Dealing With Safety Gear Compensable Under

FLSA

Posted June 8, 2011, 4:05 P.M. ET

The time spent by a chicken processing company's employees donning and doffing protective

gear at the beginning and end of their work shifts is compensable as “work” under the Fair

Labor Standards Act, the U.S. Court of Appeals for the Fourth Circuit decided June 7 (Perez

v. Mountaire Farms Inc., 4th Cir., No. 09-1917, 6/7/11).

Affirming the U.S. District Court for the District of Maryland’s ruling in favor of Luisa Perez

and other Mountaire Farms employees in the FLSA collective action, Judge Barbara M.

Keenan wrote for the appeals court that such pre- and post-shift donning and doffing

activities are “integral and indispensable” to the employees' principal work activities.

But the Fourth Circuit vacated the district court's holding that the Mountaire employees' mid-

shift handling of protective gear at their meal break is compensable under FLSA, citing the

binding nature of one of the appeals court's past decisions, which held that such activities

were part of the “bona fide meal period.” Additionally, the appeals court affirmed the district

court's application of a two-year statute of limitations and denial of the employees' liquidated

damages request.

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

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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.

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

distribution is prohibited.

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Microsoft Outlook

BNA Highlights [bhighlig@bna.com]

W ednesday, June 08, 2011 10:50 PM

Abruzzo, Jennifer

Jun. 8 -- BNA, Inc. Daily Labor Report

From:

Sent:

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Wednesday, June 8, 2011 · Number 110

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

WARN Act

Agencies

Firing of Replacement Workers

States

Not a WARN Act ‘Mass Layoff,’ Court Says

Courts/Tribunals

Temporary workers hired by Kohler Co. to replace union

workers on strike and then fired once the labor dispute settled

cannot proceed with a claim that the company failed to provide

them with adequate termination notice under the Worker

Adjustment...

Federal Statutes

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

Special Reports

NEWS

Also in the Courts

NLRB Summaries

Airlines

Wage Trend Indicator

NMB to Probe IAM Charges That Delta

Calendar of Events

Interfered With Elections of Three Groups

The National Mediation Board said June 6 that it will conduct a

full investigation into whether Delta Air Lines interfered with the

representation elections covering fleet service workers and two

other employee groups, all of which were lost...

Autos

Past Is Prologue as Auto Industry

Poised to Begin Contract Negotiations

As the United Auto Workers and Ford Motor Co. are set to begin

contract negotiations this summer to renew the collective

bargaining agreement that expires Sept. 14, union and

company representatives June 7 spoke of how the past has

positioned...

Disabilities

National Bank Act Does Not Entirely Preempt

California Anti-Discrimination Law, Court Says

LOS ANGELES—A California appellate court ruled June 6 that

state law claims brought by a former bank official for medical

condition discrimination and disability harassment were not

preempted by the National Bank Act notwithstanding...

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Federal Employees

House, Senate Bills Would End Automatic

Deduction of Union Dues for Federal Workers

Legislation (H.R. 2145) introduced by Rep. Tim Scott (R-S.C.)

June 7 would end the automatic deduction of union dues from

federal and District of Columbia government employees'

paychecks, which Scott in a June 3 statement said would

increase...

Federal Employees

OPM Seeks Comment on Preliminary Plan

For Retrospective Analysis of Regulations

The Office of Personnel Management is seeking public comment

on its preliminary plan for conducting a retrospective review of

existing regulations in line with a January executive order,

according to a notice in the June 2 Federal Register...

FLSA

Court Says Poultry Workers' Time Dealing

With Safety Gear Compensable Under FLSA

The time spent by a chicken processing company's employees

donning and doffing protective gear at the beginning and end of

their work shifts is compensable as "work" under the Fair Labor

Standards Act, the U.S. Court of Appeals...

FLSA

DOL Recovers Back Overtime for Drywall Installers

The Labor Department has recovered $203,323 from two

Louisiana companies for back overtime pay they owe to 224

drywall installers, DOL announced June 7....

Immigration

Employee Identification Requirements

Signed Into Law by Tennessee Governor

RALEIGH, N.C.—Tennessee employers will be required either to

use the federal E-Verify employment verification program or

maintain residency or work authorization documents for their

employees under a bill (H.B. 1378) signed into...

Immigration

House Bill Would Let Employers Use

E-Verify to Check on Job Applicants

Legislation (H.R. 2064) that would allow employers to use the

federal government's voluntary employment screening program,

E-Verify, to check on the documentation of job applicants has

been introduced in the House....

International Labor

ILO Chief Says Job Recovery From Crisis

Could Take Longer Than Initially Forecast

GENEVA—The head of the International Labor Organization

warned June 7 that recovery in employment levels in the major

industrialized countries could go beyond 2015 due to faltering

economic growth prospects....

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Job Training

Obama Announces Expanded Program,

Defends Investments in Worker Training

President Obama June 8 announced a major expansion of Skills

for America's Future, an industry-led initiative created to

improve partnerships with community colleges and build a

nationwide network for workforce development strategies,...

NLRB

House Oversight Committee May Try to Force

Solomon to Attend Field Hearing on Boeing

The chairman of a House oversight committee, which has

scheduled a June 17 field hearing in North Charleston, S.C., to

investigate a highly publicized unfair labor practice complaint

filed by the National Labor Relations Board against Boeing...

Pensions

PBGC to Contest Ending of Harry & David Pensions

The Pension Benefit Guaranty Corporation said that it intends to

contest a decision of Harry & David Holdings Inc. to end the

pensions of 2,700 workers and retirees, according a June 7

news release....

Safety & Health

Guideline on Preventing Falls Takes Effect

June 16 for Residential Construction

Residential roofing contractors must stop using slip guards and

other nonconventional fall prevention measures on all but a few

projects starting June 16, when a new directive governing

roofing work issued by the Labor Department’s...

Safety & Health

Massey Releases Its Report on UBB Blast,

Blames Massive Inundation of Natural Gas

Massey Energy Co.'s internal investigation of an explosion at its

Upper Big Branch mine concluded that "a massive inundation of

natural gas, rather than coal dust," was responsible for the

blast, the outgoing chairman of Massey's...

Safety & Health

Safety Advisory Committee on Construction

Gets Eight New Members; Seven Reappointed

Eight new members of the 15-member Advisory Committee on

Construction Safety and Health were named by Secretary of

Labor Hilda L. Solis June 7....

State Laws

Connecticut Passes Law Banning

Discrimination on Basis of Gender Identity

BOSTON—The Connecticut Legislature gave final approval June

3 to legislation (H. 6599) that explicitly would prohibit

discrimination on the basis of gender identity or expression in

employment, public accommodation, housing,...

Wrongful Discharge

Court Finds North Carolina Claims
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By Wal-Mart Worker Cannot Proceed

The U.S. District Court for the Western District of North Carolina

dismissed June 6 a former Wal-Mart Stores employee's claims of

wrongful termination in violation of public policy expressed in

the North Carolina Securities Act and of...

SPECIAL REPORT

Disabilities

EEOC Holds Public Hearing on Leave

As Reasonable Accommodation Under ADA

The Equal Employment Opportunity Commission June 8 heard

varied views on the Americans with Disabilities Act's

requirements for leave as a reasonable accommodation and on

how EEOC could offer more specific guidance to employers,

workers...

ANALYSIS & PERSPECTIVE

Wisconsin Case Procedurally Messy,

Impossible to Predict Outcome, Scholars Say

CHICAGO—Legal scholars viewing the Wisconsin Supreme

Court's June 6 oral argument in a case that could either salvage

or sink Gov. Scott Walker's (R) controversial public sector

collective bargaining statute are certain...

ECONOMIC NEWS

Compensation

Hourly Private Sector Compensation Costs

Rose to $28.10 in First Quarter, BLS Says

Compensation costs for full-time and part-time workers in the

private sector averaged $28.10 per hour in the first quarter of

2011, 37 cents more than the average of $27.73 in the first

quarter of last year, according to figures released June...

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NLRB-FOIA-00001164

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Thursday, June 09, 2011 7:19 AM

Solomon, Lafe E.; Mattina, Celeste J.

BNA on Issa Hearing

House Oversight Committee May Try to Force

Solomon to Attend Field Hearing on Boeing

The chairman of a House oversight committee, which has scheduled a June 17 field hearing in North

Charleston, S.C., to investigate a highly publicized unfair labor practice complaint filed by the National Labor

Relations Board against Boeing Co., has hinted the committee may attempt to compel NLRB's acting general

counsel to attend the hearing if he continues to refuse to do so.

In a June 7 letter to NLRB Acting General Counsel Lafe E. Solomon, Rep. Darrell Issa (R-Calif.), chairman of

the Committee on Oversight and Government Reform, asked the NLRB official to reconsider his June 3 refusal

to appear at the hearing so that the committee “will not have to consider the use of the compulsory process.”

Issa gave Solomon until 10:00 a.m. June 10 to respond.

In a related development, Solomon June 7 opposed a motion filed earlier this month by three South Carolina

Boeing employees to intervene in the ULP complaint case, which will be heard before an NLRB administrative

law judge beginning June 14 in Seattle, Wash.

The congressional hearing titled, “Unionization Through Regulation: The NLRB's Holding Pattern on Free

Enterprise,” is being held to gather information regarding the impact of the complaint, authorized by Solomon,

on workers in South Carolina. The complaint alleges that Boeing unlawfully established a second assembly line

for the 787 Dreamliner aircraft at a nonunion plant in South Carolina in order to retaliate against workers in

Washington state represented by the International Association of Machinists District Lodge 751. The workers

had supported lawful economic strikes against Boeing during earlier contract disputes.

Solomon Asked to Provide Testimony on Impact

In a May 26 letter, Issa asked Solomon to attend the congressional hearing to provide testimony about how

NLRB's actions against Boeing could “impact the thousands of Boeing employees at a nonunion worksite in

South Carolina.”

Solomon replied June 3 that he would not attend, stating that his appearance before the committee could

“threaten the rights of the parties to a fair trial.” He said the trial before the ALJ in Seattle “will almost certainly

be in progress when your Committee gathers in South Carolina.” Solomon added that as the acting general

counsel he is responsible for overseeing the litigation and making all strategic decisions related to the

prosecution of the case.

Boeing and IAM “must be afforded due process protections and a right to a fair trial at all stages of this

proceeding,” Solomon said. “Premature disclosure of information and arguments could have a negative impact

on the rights of the litigating parties, breach assurances of confidentiality, and generally unduly interfere with an

enforcement action,” he wrote.

But, in a June 7 letter, Issa dismissed Solomon's arguments, stating that the hearing does not concern his

decision-making process or legal strategy, but the impact on the thousands of Boeing workers in South

Carolina. “You assert that you do not seek to close Boeing's operations in South Carolina; yet, the relief

requested would have that exact effect,” Issa said.

Issa added that as acknowledged by the U.S. Supreme Court, Congress's power to investigate is “extremely

broad,” and the rights of the parties “can be preserved ‘without having any adverse effect upon the legitimate

exercise of the investigative power of Congress.’ ”

Solomon Opposes Motion of Three Employees

Meanwhile, Solomon June 7 urged the administrative law judge who is scheduled to try the case to oppose a

motion filed earlier this month by three South Carolina Boeing employees to intervene (106 DLR A-10, 6/2/11).

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In his opposition, Solomon contended that the three employees’ interests are already adequately represented by

the parties, and the employees have “no cognizable interest in participating in this proceeding sufficient to

justify their intervention.” The acting general counsel contended that the “unnecessary participation” of the

three employees “would merely delay and complicate these already complex proceedings.”

Solomon said, however, that he would not object to giving the three employees amicus status “for the sole

purpose of filing post-hearing briefs on their own behalf.”

The three employees filed the motion to intervene June 1, contending that the complaint threatens their

employment.

Noting that the acting general counsel seeks an order requiring Boeing to have IAM-represented employees in

Washington operate a second assembly line, the South Carolina employees, who are represented by the National

Right to Work Legal Defense Foundation, argued in the motion that they “have a right to be heard in opposition

to the draconian remedy sought by the General Counsel, since they will surely be terminated if the General

Counsel's position is sustained.”

The South Carolina Boeing workers—Dennis Murray, Cynthia Ramaker, and Meredith Going—filed the

motion with NLRB's Seattle regional director, asking that he grant the motion or refer it to an administrative

law judge for ruling at or before the start of the June 14 hearing on the unfair labor practice allegations.

In response to Solomon's opposition, Mark Mix, president of the National Right to Work Legal Defense

Foundation, said in a June 8 statement that the acting general counsel's argument that the workers have “no

stake in the shutdown of the facility in which they are employed is a disingenuous attempt to silence workers

whose very livelihoods are in jeopardy. … Essentially, what Solomon and IAM union officials want is for

workers to sit down and shut up, even though their jobs are on the line and their rights are at issue.”

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Microsoft Outlook

BNA Highlights [bhighlig@bna.com]

Thursday, June 09, 2011 11:20 PM

Abruzzo, Jennifer

Jun. 9 -- BNA, Inc. Daily Labor Report

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Thursday, June 9, 2011 · Number 111

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

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Sex Discrimination

Agencies

Court Approves $32 Million Settlement

States

Of Sex Bias Lawsuit Against Wells Fargo

Courts/Tribunals

A federal district court in Washington, D.C., June 9 gave its final
Federal Statutes

approval to a $32 million settlement of a sex discrimination

class action covering more than 3,000 female current or former

financial advisers for Wells Fargo Advisors and...

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

Construction

NLRB Summaries

Residential, Commercial Outlook Bleak,

Only Limited Growth in 2012, Economists Say

Wage Trend Indicator

Calendar of Events

NEW YORK—The outlook for the commercial, industrial, and

residential construction sectors remains bleak for the remainder

of the year with some limited growth potential in 2012,

according to forecasts by industry economists presented...

ERISA

Court OKs ESOP Trustee to Pursue Claims

Alleging Fiduciary Breaches in ESOP Deal

The current trustee of an embroidery company’s employee stock

ownership plan can continue with his lawsuit alleging the ESOP’s

former trustee breached his fiduciary duties by inflating the

price of company stock during transactions...

ERISA

Solis Files Amicus Brief in Sixth Circuit

Urging No ‘Impending Collapse’ Standard

Secretary of Labor Hilda L. Solis filed an amicus brief May 20

urging the U.S. Court of Appeals for the Sixth Circuit to uphold

a federal district court’s ruling that a KeyCorp employee

sufficiently alleged fiduciary breach claims stemming...

Federal Employees

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OPM Guidance Addresses Transgender Workers

The Office of Personnel Management May 27 issued guidance to

federal agencies to help address common questions regarding

the employment of transgender workers, including those

transitioning from one gender to another....

Federal Employees

Telework Exchange, OPM Applaud Progress

As Key Telework Legislation Deadline Arrives

Both the public-private partnership Telework Exchange and the

Office of Personnel Management June 7 said federal agencies

have made significant progress in implementing elements of the

Telework Enhancement Act....

FMLA

Eighth Circuit Decides Summary Judgment

Proper on Claims of FMLA, COBRA Violations

A foam manufacturing company employee's claim that his

termination for job abandonment interfered with his Family and

Medical Leave Act rights is not triable because he failed to show

that he could have returned to work at the end of his...

FMLA

Employee's Settlement With School Board

Not Invalidated by Superintendent's Suicide

An agreement settling a school employee's Family and Medical

Leave Act claim against an Illinois school board was not

invalidated because the school district superintendent

committed suicide shortly after the parties' settlement...

Immigration

Alabama Governor Bentley Signs

Immigration Bill Tougher Than Arizona's

ATLANTA—Alabama Gov. Robert Bentley (R) June 9 signed an

immigration bill (H.B. 56) that requires employers to use the

federal E-Verify identification system to verify all employees'

eligibility to work and also as a condition...

International Labor

ILO Members Set to OK New Convention

On Protection of Domestic Workers

GENEVA–Members of the International Labor Organization are

set to approve a new international convention setting out global

standards for the protection of domestic workers....

International Labor

Unions Seek Global Organizing Agreement

With Wal-Mart for Its 2 Million Employees

In a June 2 letter to Wal-Mart Stores Inc., UNI Global Union

called on the retail giant to enter into discussion about a global

agreement to build working relationships with unions in the local

communities where the company is seeking further...

Job Training

ETA Lists 2011 Allotments for WIA Indian Programs

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The Labor Department announced the final allotments for

program year 2011 for Indian and Native American programs

under Section 166 of the Workforce Investment Act in the June

8 Federal Register (76 Fed. Reg. 33,367)....

Labor Law

Law Professors Discuss Boeing Case;

16 State Attorneys General Support Boeing

Two law professors expressed concern June 9 about

congressional interference in a pending case in which Boeing

has been charged with unlawfully establishing a second

assembly line for the 787 Dreamliner aircraft at a nonunion

plant in South...

Minimum Wage

New Hampshire Governor Vetoes Bill

To Repeal Separate State Minimum Wage

BOSTON—New Hampshire Gov. John Lynch (D) June 9 vetoed a

bill (H.B. 133) that would eliminate the state's minimum wage

and substitute a link to the federal minimum wage....

Pay Equity

Panelists Urge Lawmakers to Approve

Paycheck Fairness Act to Ensure Equal Pay

Congress should approve legislation, known as the Paycheck

Fairness Act (S. 797, H.R. 1519), that aims to strengthen

federal pay equity laws to ensure equal pay for equal work,

panelists said June 9 at a forum sponsored by the Institute for

Women's...

Pensions

Several Business Groups Urge Congress

Not to Relinquish Premium Authority to PBGC

Eleven business groups and associations June 7 issued a letter

to Congress voicing concern over the fiscal year 2012 budget

proposal giving the Pension Benefit Guaranty Corporation board

of directors the authority to adjust pension insurance...

Public Employees

New Hampshire Legislature Approves

Public Employee Pension Benefit Cutbacks

The New Hampshire House and Senate June 8 gave final

approval to a public employee pension bill (S.B. 3) that raises

the retirement age, increases employee contributions, and cuts

benefits for state and local employees....

Retail Food Stores

UFCW Strike Against Grocery Chains Looms

As California Bargaining Enters Fourth Month

Seven United Food and Commercial Workers locals in Southern

California are gearing up for a possible strike against three

major grocery chains as the parties have failed to reach

agreement on a new contract. ...

Safety & Health

OSHA Postpones June 16 Effective Date
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Of Residential Roofing Directive to Sept. 15

Enforcement of the new residential roofing directive set to be

issued by the Labor Department’s Occupational Safety and

Health Administration is being pushed back to Sept. 15 from the

previous target enforcement date of June 16, according...

Sexual Harassment

Furniture Firm Will Appeal Verdict

For $95 Million in Sexual Harassment Case

CHICAGO—A federal jury in Illinois has awarded $95 million in

damages to a former employee of the furniture rental company

Aaron Rents Inc., who alleged the firm failed to adequately

respond to her complaints of sexual harassment and...

Trade

Four Members Named to Trade Advisory Committee

Four additional members have been named to the Labor

Advisory Committee for Trade Negotiations and Trade Policy,

the Labor Department announced June 9....

Wage & Hour

New Jersey Fruit Farm to Pay $28,000

For Child Labor, Migrant Worker Violations

Two Labor Department administrative law judges have ordered

Columbia Fruit Farms Inc., its owners, and a crew leader to pay

$28,449 plus interest in civil money penalties to resolve

violations of three statutes, including the employment...

ALSO IN THE COURTS

Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

SPECIAL REPORT

Immigration

Several Federal Agencies Launch Initiative

To Combat Immigration Services Scams

Several U.S. government agencies June 9 announced the

creation of a multiagency, nationwide initiative to combat

immigration services scams, including those that offer

fraudulent employment visas....

CONFERENCE REPORT

Labor Department

Deputy Labor Secretary Sees Jobs Progress,

Stresses Obama's Faith in American Workers

NEW YORK—Deputy Secretary of Labor Seth D. Harris told an

audience at New York University June 9 that American workers

faced "perilous times" when President Obama took office in

January 2009, but they have seen a "vast improvement"...
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ECONOMIC NEWS

Trade

Trade Deficit Shrank in April to Smallest Yet

This Year, as Imports of Oil, Autos Declined

The trade deficit shrank by $3.1 billion in April to $43.7 billion

seasonally adjusted, the lowest so far this year, the Commerce

Department said June 9....

Unemployment Insurance

First-Time UI Claims Edge Up 1,000

To 427,000 in Latest Week, ETA Reports

The number of jobless workers filing individual unemployment

insurance claims increased by 1,000 in the week ended June 4

following a drop of 2,000 the preceding week, as revised,

according to seasonally adjusted figures released June 9 by...

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.

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.

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NLRB-FOIA-00001172

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BNA Highlights [bhighlig@bna.com]

Friday, June 10, 2011 6:05 PM

Abruzzo, Jennifer

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

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

Latest Developments

Solomon Agrees to Attend House Field Hearing, If Issa Does Not Accept Alternative

Option

Posted June 10, 2011, 5:53 P.M. ET

Under the threat of a possible subpoena, Lafe Solomon, acting general counsel of the

National Labor Relations Board, today informed the chairman of a congressional oversight

committee that he would attend a field hearing next week in South Carolina involving an

NLRB complaint against Boeing Co., if the committee does not agree to an alternative option

he has proposed.

In his letter to Rep. Darrell Issa (R-Calif.), chairman of the House Committee on Oversight

and Government Reform, Solomon said he has offered to provide written testimony and send

Richard Siegel, NLRB’s associate general counsel of the Division of Operations-Management,

to the South Carolina hearing to provide testimony on the board’s policies and procedures.

But, he said, as of the evening of June 9 the committee had not accepted his proposal.

Solomon urged Issa to reconsider the alternative, contending that the approach “best

accommodates the Committee’s desire to exercise its legitimate oversight without

compromising the integrity and independence of the NLRB’s enforcement process.” The

acting general counsel said, however, that if Issa insists on Solomon's appearing personally,

he will do so. Solomon added that he “cannot and will not compromise the very legitimate

interests that I have articulated in all of my communications to you.”

Earlier this month, Solomon declined an invitation from Issa to appear at the June 17

hearing, which has been called to examine the impact of the Boeing complaint on workers in

South Carolina. The complaint, authorized by Solomon, alleges that Boeing unlawfully

established a second assembly line for the 787 Dreamliner aircraft at a nonunion plant in

South Carolina in order to retaliate against workers in Washington state represented by the

International Association of Machinists, who supported lawful economic strikes against

Boeing.

Issa urged Solomon to reconsider so that the committee would not have to compel him to

attend.

In response to that threat, Solomon told Issa that a hearing before an NLRB administrative

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law judge is scheduled to begin June 14 in Seattle, and both Boeing and IAM must be

afforded due process and given the right to a fair trial. Solomon said that he was concerned

about the potential impact that certain areas of inquiry may have on the due process rights

of the litigants if he is forced to testify. Noting that he is “ultimately responsible for

overseeing the litigation,” Solomon said it would be more appropriate for Siegel, who is not a

decisionmaker in the case, to appear before the committee.

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

issue.

NLRB Lacked Any Basis to Find Hospital Liable, D.C. Circuit Rules

Posted June 10, 2011, 3:53 P.M. ET

A Kentucky hospital did not violate the National Labor Relations Act when it placed a nurse

who was active in the local union on “investigatory suspension” because she refused to

participate in a disciplinary meeting with supervisors without a union representative present,

the U.S. Court of Appeals for the District of Columbia Circuit ruled today (Jackson Hosp.

Corp. v. NLRB, D.C. Cir., No. 10-1271, 6/10/11).

Reversing a National Labor Relations Board ruling that Jackson Hospital Corp. committed an

unfair labor practice by suspending nurse Frances Lynn Combs in January 2007, the D.C.

Circuit said although it was undisputed the employer was aware of Combs's union activity, no

evidence supports NLRB's conclusion that anti-union animus motivated the supervisors who

suspended Combs.

Combs had refused to participate in a meeting at which the supervisors planned to give her a

verbal warning for her alleged failure to follow protocol on dispensing medication to patients.

Under the U.S. Supreme Court decision in NLRB v. J. Weingarten Inc., 420 U.S. 251, 88

LRRM 2689 (1975), the National Labor Relations Act guarantees an employee's right to have

a union representative present during an “investigatory interview in which the risk of

discipline reasonably inheres.”

The parties in Combs's case, however, did not dispute that although Combs asked for union

representation, she had no Weingarten right because the supervisors had already decided on

a verbal warning and the meeting was solely intended to deliver that warning to Combs.

Relevant NLRB decisions hold that Weingarten does not apply if an employer “has reached a

final, binding decision to impose certain discipline” on an employee prior to the meeting, the

court said.

NLRB nevertheless found Jackson Hospital committed an unfair labor practice based on a

theory that the managers had “set up” Combs by “provoking her into insisting on a

Weingarten right that she did not in fact have” and then suspending her indefinitely for

refusal to participate in the meeting.

Overturning NLRB's ruling, the D.C. Circuit said “the board's theory is mere speculation

without a jot of evidentiary support in the record.” Although the managers could have

foreseen that Combs “would likely attend the meeting accompanied by another employee”

and it was undisputed they suspended Combs for refusing to continue the meeting “unless

she was afforded the non-existent Weingarten right,” the court said there is “no evidentiary

link to causally connect the two events.”

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

issue.

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NLRB-FOIA-00001174

Eleventh Circuit Finds Company's Fraud Challenge to Union Award Time-Barred

Under LMRA

Posted June 10, 2011, 5:38 P.M. ET

A federal district court did not err in ruling that an aluminum producer in Alabama was

barred from raising a fraud defense to an action brought by three unions to enforce an

arbitration award in their favor because the company failed to file a motion to vacate within

three months of the award's entry under Section 301 of the Labor-Management Relations

Act, the U.S. Court of Appeals for the Eleventh Circuit ruled June 9 (United Steelworkers v.

Wise Alloys LLC, 11th Cir., No. 10-11961, 6/9/11).

In affirming summary judgment to the United Steelworkers, the International Union of

Operating Engineers, and the Carpenters and Joiners of America to enforce the arbitrator's

award—which adopted the unions' interpretation on how to calculate adjustments to a cost-

of living allowance for offsetting increases in employee health insurance premiums provided

in their collective bargaining agreements—the Eleventh Circuit noted that LMRA Section 301

does not provide a limitations period for the filing of motions to vacate. As such, the

appellate court adopted the Federal Arbitration Act's three-month filing period for arbitration

award challenges and applied it to the LMRA.

In the instant case, the court said, Wise Alloys LLC never filed a motion to vacate after the

arbitrator ruled in favor of the unions on Nov. 21, 2008. Instead, the company first raised a

fraud defense in its April 30, 2009, answer to the unions' lawsuit seeking enforcement of the

arbitration award. Given that Wise failed to judicially challenge the arbitrator's award within

three months of Nov. 21, 2008, its fraud defense was time-barred, the court found.

Judge Emmett Ripley Cox wrote the opinion, joined by Judges Ed Carnes and William H.

Pryor.

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

issue.

Court Grants Review of MSHA Order Limiting Actions of Massey Subsidiary at UBB

Mine

Posted June 10, 2011, 5:45 P.M. ET

The U.S. Court of Appeals for the District of Columbia Circuit today granted Performance Coal

Co.'s petition for review of restrictions placed by the Labor Department's Mine Safety and

Health Administration on its activities at the Upper Big Branch mine (Performance Coal Co. v.

Federal Mine Safety & Health Review Comm'n, D.C. Cir., No. 10-1280, 6/10/11).

Performance Coal Co., a subsidiary of Massey Energy Co., operates the Upper Big Branch

mine in Whitesville, W.Va., where 29 miners died in an explosion on April 5, 2010 (69 DLR A-

14, 4/13/10).

Following the explosion, MSHA imposed an order under Section 103(k) of the Mine Safety

and Health Act restricting Performance Coal from taking photographs, collecting and

preserving mine dust samples, and using mine mapping technology. Performance Coal

objected, arguing that it was being deprived of the opportunity to gather potentially

exculpatory evidence to defend itself against potential charges that it violated safety and

health standards.

Performance Coal petitioned the Federal Mine Safety and Health Review Commission for
3

NLRB-FOIA-00001175

temporary relief from MSHA's order, which the commission denied. Setting aside the order,

the court said the commission's “interpretation of Section 105(b)(2) is simply untenable.”

Writing for the court, Judge David B. Sentelle said, “As we read Section 105 [of the Mine

Safety and Health Act] Performance Coal is entitled to seek temporary relief from a

modification or termination of any order, including a Section 103 order.”

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

issue.

NMB Creates Expedited Mediation Program to Speed Bargaining Agreements

Posted June 10, 2011, 2:34 P.M. ET

The National Mediation Board has established an expedited mediation project for resolving

collective bargaining disputes in the airline and railroad industries, the agency announced

today.

Larry Gibbons, NMB director for mediation, said the board created the voluntary program in

response to recommendations issued last year by a special labor-management advisory

committee to help shorten what many parties perceive as an “inordinately long” process for

resolving contentious contract negotiations (82 DLR A-12, 4/30/10).

The goal of the program is to provide an expedited process for cases in which a concerted

push in mediation likely would lead to an agreement. For a case to be accepted for

expeditious handling, the parties must “jointly apply for mediation and request consideration

for expedited mediation at the time of application,” the board said. If a case is accepted,

NMB will assist the parties in negotiating a protocol agreement, which will establish

expectations and guide the expedited mediation process.

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®.

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

distribution is prohibited.

4

NLRB-FOIA-00001176

Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

Tuesday, June 14, 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; 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; Hoyte, Joan E.; 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

Lafe Solomon Nears End of a Turbulent Year

As Acting General Counsel in the Public Eye

NEW YORK—As he nears his first anniversary on the job, National Labor Relations Board Acting General

Counsel Lafe E. Solomon June 10 told an audience at the 64th Annual Conference on Labor at New York

University that he doubts that any...

Liebman Notes ‘Profound Divide' Over NLRA

But Says She will Not Be Swayed by Pressure

NEW YORK—The recent barrage of criticism of the board has been driven by a "very profound divide in our

country" and a "profound lack of understanding" of the role of labor law and labor unions in American

history, National...

D.C. Circuit Vacates NLRB Ruling

That Hospital Illegally Suspended Nurse

A Kentucky hospital did not violate the National Labor Relations Act when it placed a nurse who was active

in the local union on "investigatory suspension" because she refused to participate in a disciplinary

meeting with supervisors...

Court Denies Order for NLRB to Pay Fees

To Firm That Prevailed in Section 10(j) Case

A Michigan laundry service that mostly prevailed against a National Labor Relations Board petition for

injunctive relief is not entitled to an award of attorneys' fees or litigation expenses under the Equal Access

to Justice Act, the...

Solomon Agrees to Attend Field Hearing

If Issa Does Not Accept Alternative Proposal

Under the threat of a possible subpoena, Lafe Solomon, acting general counsel of the National Labor

Relations Board, June 10 informed the chairman of a congressional oversight committee that he would

attend a field hearing next week in South...

1

NLRB-FOIA-00001177

14,300 United, Continental Ramp Workers

To Choose Between Machinists, Teamsters

Some 14,300 fleet service workers at United and Continental airlines will begin voting July 7 on whether to

be represented by the International Association of Machinists or the International Brotherhood of

Teamsters, the National Mediation...

Mikulski Decries Worker Pension Contribution Plan

A proposal that would require federal workers under the Federal Employees Retirement System to

contribute significantly more to their retirement plans—from the current 0.8 percent of salary to 5.8

percent—should be taken...

SEIU-UHW Members OK Three-Year Pact

Covering Nine Tenet Hospitals in California

Members of United Healthcare Workers-West, an affiliate of the Service Employees International Union,

have completed ratification of a new three-year contract that provides wage increases, protects

employees’ health care benefits,...

UMW Reaches Tentative Agreement

With BCOA for 3,000 Consol Energy Workers

The United Mine Workers has reached a tentative five-and one-half year contract with the Bituminous Coal

Operators Association that, if ratified, would become effective July 1, the union announced June 13....

New Hampshire Lawmakers Repeal

Public Employee Card Check Law

BOSTON–A bill (H.B. 589) repealing a 2007 statute allowing certification of public employee unions

through written majority authorization became law in New Hampshire June 9 without the signature of Gov.

John Lynch (D)....

IBT Local 630 Placed in Trusteeship,

Panel to Be Appointed to Hear Charges

International Brotherhood of Teamsters General President James Hoffa has followed the recommendation

of the union's Independent Review Board to place Los Angeles-based Local 630 under a trusteeship due to

charges that officers of...

Boeing Labor Battle Is Poised to Go to Court

The New York Times – 06/13/11 21:15 –

Words matched: Lafe Solomon

Barring a last-minute settlement, lawyers for the National Labor Relations Board will begin arguing before a Seattle judge on Tuesday

that Boeing broke the law by building a new, nonunion production line in South Carolina instead of expanding its unionized operations

in Washington State.

...s financing and have urged President Obama to withdraw the nomination of Lafe Solomon , the board s acting general counsel, who

brought the Boeing...

Graham vows to delay Obama pick over Boeing

The Island Packet – 06/13/11 06:34 –

Words matched: Lafe Solomon

U.S. Sen. Lindsey Graham said Monday that he would hold up confirmation of President Barack Obama's pick for Department of

Commerce secretary until the president gives support to Boeing's move to South Carolina for its new North Charleston plant.

...Government Reform will hold an NLRB hearing in North Charleston on Friday where acting general counsel Lafe Solomon will

testify. Nathaniel Cary

Judge hears anti-union case: Suit wants Haley, agency chief neutral on labor issues

Poten & Partners – 06/14/11 06:39 –

Words matched: Lafe Solomon

- Post & Courier (Charleston, SC) June 14--South Carolina's reputation as a hostile environment for organized labor is back in the

spotlight this week.

...a majority of Democratic appointees, and Boeing and GOP elected officials . Lafe Solomon , the labor board's acting general counsel,

said he will...

Andrew Martin

Librarian (Law)

National Labor Relations Board
2

NLRB-FOIA-00001178

1099 14th Street NW

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

3

NLRB-FOIA-00001179

Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

W ednesday, June 15, 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; Hoyte, Joan E.; 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

Hearing Opens in Seattle on ULP Complaint

Accusing Boeing of Retaliating Against IAM

SEATTLE—National Labor Relations Board and Boeing Co. attorneys June 14 fired the opening salvos in a

hearing before an administrative law judge to decide whether the company created a second 787

Dreamliner assembly line at a nonunion...

D.C. Circuit Backs Labor Board ULP Finding;

Hospital Denied Union's Information Request

The National Labor Relations Board properly concluded that a New York hospital violated its statutory duty

to bargain with a labor union when it failed to respond to the union's information requests about nurse

practitioners employed...

NUHW Notifies Salinas Valley Hospital

Of Plan for One-Day Strike June 21

The National Union of Healthcare Workers has notified Salinas Valley Memorial Hospital in Salinas, Calif.,

that the union plans to conduct a 24-hour strike June 21 to protest what it calls the hospital’s refusal to

bargain in good faith...

Wisconsin Supreme Court Overturns

Order Voiding Collective Bargaining Law

CHICAGO—Wisconsin's controversial law stripping thousands of public employees of collective bargaining

rights is headed toward full implementation following a Wisconsin Supreme Court decision June 14

overturning a lower...

Local Union Heads Approve IBT Carhaul Pact,

Members to Vote on Ratification by August

Officials with International Brotherhood of Teamsters locals that represent workers in the union's carhaul

division June 13 voted unanimously to send a tentative collective bargaining agreement to the

membership for ratification,...

Boeing Faces 787 Labor Case Amid Pressure Over Next New Jet

Bloomberg Businessweek – 06/15/11 03:36 –
1

NLRB-FOIA-00001180

Words matched: Lafe Solomon

(Updates with company comment in fifth paragraph.) June 10 (Bloomberg) -- Boeing Co., facing a federal labor complaint hearing next

week over its new 787 Dreamliner assembly line, is already being pressured by politicians and unions interested in work on a

subsequent generation of airliners.

...case proceed through the legal channels. The NLRB's general counsel , Lafe Solomon , has said he tried to reach a settlement for six

months before...

Boeing, U.S. Labor Board Lock Horns Over 787 Plant

The New York Times – 06/14/11 19:51 –

Words matched: Lafe Solomon

SEATTLE/CHICAGO (Reuters) - Boeing Co on Tuesday asked a court to throw out a government case that accuses the plane-maker of

putting a production line for the 787 Dreamliner in South Carolina to punish its unionized Washington-based workers for past labor

strikes.

...spending on the litigation. The NLRB has seven lawyers on the case. Lafe Solomon , the NLRB's acting general counsel, will testify

on Friday in...

SC Gov., NLRB counsel to testify at Boeing hearing

Tri-City Herald – 06/14/11 19:14 –

7 other sources (The Bellingham Herald (AP), The Island Packet, ...)

Words matched: Lafe Solomon

CHARLESTON, S.C. A congressional committee investigating a National Labor Relations Board complaint against Boeing Co. will hear

from South Carolina Gov.

...Charleston announced Tuesday that Haley and NLRB acting general counsel Lafe Solomon will be among the witnesses. Committee

Chairman Darrell ...

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-00001181

Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

Estep, Susan C.

Monday, April 12, 2010 7:41 PM

Ahearn, Richard L.; Pomerantz, Anne; Kobe, James; Eskenazi, Martin; Jablonski, Colleen G.;

Rooker, Karen; Sweeney, Brian; Hayashi, Minoru N.

Active C Cases as of 4/9/10

active 'C' CASE REPORT2010.doc

See attached.

1

NLRB-FOIA-00001182

Non-Responsive

NLRB-FOIA-00001183

Non-Responsive

NLRB-FOIA-00001184

Non-Responsive

THE

FOLLOWING

CAT.

3

CASES NEED TO BE DONE

BY END OF MAY. (or go on

overage report)

Non-Responsive

Page 3 of 30

NLRB-FOIA-00001185

Non-Responsive

CA-32431

Boeing Company

3/26/10

5/14/10

Todd

Non-Responsive

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NLRB-FOIA-00001212

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Jablonski, Colleen G.

Tuesday, April 20, 2010 2:49 PM

Eskenazi, Martin; Merritt, Susannah C.

Todd, Dianne; Kobe, James; Ahearn, Richard L.

RE: Boeing

Thanks so much guys!!!

From: Eskenazi, Martin

Sent: Tuesday, April 20, 2010 2:27 PM

To: Jablonski, Colleen G.

Subject: Boeing

Hi there-

Susannah will reschedule another affidavit on Friday so that she can help out and take the Boeing statement on

Friday.

1

NLRB-FOIA-00001213

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Todd, Dianne

Tuesday, June 08, 2010 12:40 PM

Albertsen, Mary

Ahearn, Richard L.

FW : NLRB wants copy of video interview with Boeing CEO Jim Albaugh

Mary,

Here is the email with the information related to the purchase of the videos. The link provided in

Evelyn Edens’ email provides more information.

Thanks

From: Martin, Andrew

Sent: Monday, May 24, 2010 11:19 AM

To: Todd, Dianne

Subject: FW: NLRB wants copy of video interview with Boeing CEO Jim Albaugh

From: Evelyn Edens [mailto:eedens@seattletimes.com]

Sent: Monday, May 24, 2010 10:45 AM

To: Martin, Andrew

Subject: Re: NLRB wants copy of video interview with Boeing CEO Jim Albaugh

$35.00 each plus tax and shipping.

Sent from my iPhone

On May 24, 2010, at 5:41 AM, "Martin, Andrew" <Andrew.Martin@nlrb.gov> wrote:

Thanks. How much does each video cost?

From: Evelyn Edens [mailto:eedens@seattletimes.com]

Sent: Friday, May 21, 2010 5:41 PM

To: Martin, Andrew

Subject: RE: NLRB wants copy of video interview with Boeing CEO Jim Albaugh

Hello Andrew,

Dominic forwarded your request to me as I manage the reuse of our content. What kind of use are you

requesting? W e sell videos for personal use only, the restrictions are listed here:

http://services.nwsource.com/store/videos.html

You would need to order all three videos.

Let me know.

1

NLRB-FOIA-00001214

Thanks,

Evelyn Edens

News Business Development Manager

The Seattle Times

206-464-2299

From: Martin, Andrew [mailto:Andrew.Martin@nlrb.gov]

Sent: Friday, May 21, 2010 8:40 AM

To: Dominic Gates

Subject: Your interview with Boeing CEO Jim Albaugh

Mr. Gates,

I’m a librarian with the National Labor Relations Board. As part of some research we’re doing, we found

the video of your interview with Mr. Albaugh on the Seattle Times website. Do you know if it would be

possible to get a copy of this video on CD-Rom or some other persistent medium?

Thanks so much for your help.

Regards,

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-00001215

Microsoft Outlook

From:

Sent:

To:

Subject:

Baniszewski, Joseph

Tuesday, June 08, 2010 12:51 PM

Ahearn, Richard L.

Boeing denies North Charleston plant was move to punish union

Note: This email is generated. Please do NOT reply to this email.

VALIDATEKEY:

N0ZHK1lZcTB4dnVIdzYzMUNveFZoNmQvZUNQVVNlRUt3YWdQQTY0NmVtSlA5MUo2L3RRPQ==

SUBJECT:

Boeing denies North Charleston plant was move to punish union

FROMNAME:

joe baniszewski

FROM:

joseph.baniszewski@nlrb.gov

XTITLE:

Boeing denies North Charleston plant was move to punish union

XARTNO:

201006080200/BUSINESS05/306080008

TO:

richard.ahearn@nlrb.gov

XCOMMENT:

Quoted in the Greenville On-Line; way to go!

submit:

Submit

XSendMail 6.0.3b2sr20070806_MJP Copyright 20(c)04 SAXoTECH as

1

NLRB-FOIA-00001216

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Baniszewski, Joseph

Tuesday, October 05, 2010 4:13 PM

Ahearn, Richard L.

Levin, Nelson

Boeing Advice Agenda

Barry will agenda your Boeing case on Thursday,

Joe

1

NLRB-FOIA-00001217

Microsoft Outlook

Mattina, Celeste J.

Thursday, January 20, 2011 9:10 AM

Ahearn, Richard L.

From:

Sent:

To:

Subject:

Non-Responsive

Non-Responsive

Cant wait to hear your perspectives on the meeting, so sorry i missed it.

I

probably should have asked to be conferenced in to listen to the discussion, but we have been

busy here

Non-Responsive

I will give

you a call at some point next week.

________________________________________

From: Ahearn, Richard L.

Sent: Thursday, January 20, 2011 4:56 AM

To: Mattina, Celeste J.

Subject:

Non-Responsive

Non-Responsive

Boeing;

we met with the IAM in

Exemption 5

Warm regards,

Rich

--------------------------

Sent from my BlackBerry Wireless Handheld

________________________________

Non-Responsive

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Non-Responsive

2

NLRB-FOIA-00001219

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Attachments:

Snook, Dennis

W ednesday, April 20, 2011 12:02 PM

'wkilberg@gibsondunn.com'; 'campbell@workerlaw.com'

Ahearn, Richard L.

BOEING 19-CA-32431 COMPLAINT

CPT.19-CA-032431.Boeing 4-20-2011 Complaint and Not Hrg.pdf

Mr. Kilberg and Mr. Campbell:

Per Rich Ahearn’s request, I am providing a courtesy copy of the Complaint which was signed

and issued today.

--Dennis Snook, Office Mgr

NLRB, Region 19-Seattle

1

NLRB-FOIA-00001220

UN IT E D ST A T E S O F A M E R IC A

B E F O R E T H E N A TIO N A L L A B O R R E L A T IO N S B O A R D

R E G IO N 19

T H E B O E IN G C O M PA N Y

C ase 19-C A -32431

and

IN T E R N A T IO N A L A SSO C IA T IO N O F

M A C H IN IST S A N D A E R O SP A C E W O R K E R S

D IST R IC T L O D G E 751, affiliated w ith

IN T E R N A T IO N A L A SSO C IA T IO N O F

M A C H IN IST S A N D A E R O SP A C E W O R K E R S

C O M PL A IN T A N D N O T IC E O F H E A R IN G

International A ssociation of M achinists and A erospace W orkers D istrict

L odge N o. 751 ("L ocal 751" or the "U nion"), affiliated w ith International A ssociation of

M achinists and A erospace W orkers ("IA M "),
has charged
in C ase 19-C A -32431
that

T he B oeing C om pany ("R espondent" or "B oeing"), has been engaging in unfair labor

practices as s et forth in the N ational L abor R elations A ct (the "A ct"), 29 U .S.C . § 151 et

seq .

B ased thereon,
the
A cting
G eneral
C ounsel of
the N ational
L abor

R elations B oard (the "B oard"), by the undersigned, pursuant to § 10(b) of the A ct and

§ 102.15 of the B oard's R ules and R egulations, issues this C om plaint and N otice of

H earing and alleges as follow s:

1

T he C harge w as filed by the U nion on M arch 26, 2010, a nd w as served on

R espondent by regular m ail on or about M arch 29, 2010.

NLRB-FOIA-00001221

2.

(a)

R espondent, a S tate of D elaw are corporation w ith its headquarters

in C hicago, Illinois, m anufactures
and produces
m ilitary and com m ercial aircraft at

various facilities throughout the U nited S tates, including in E verett, W ashington (the

"facility"), and others in the S eattle, W ashington, and Portland, O regon, m etropolitan

areas.

(b)

R espondent, during the past tw elve m onths, w hich period is

representative of all m aterial tim es, in conducting its business operations described

above in paragraph 2(a), derived gross revenues in excess of $500,000.

(c)

R espondent, during the past tw elve m onths, w hich period
is

representative of all m aterial tim es, in conducting its business operations described

above in paragraph 2(a), both sold and shipped from , and purchased and received at,

the facility goods valued in excess of $50,000 directly to and from points outside the

S tate of W ashington.

(d)

R espondent has been a t all m aterial tim es an em ployer engaged in

com m erce w ithin the m eaning of §§ 2(2), (6) and (7) of the A ct.

3.

T he U nion is, and has been at all m aterial tim es, a labor organization

w ithin the m eaning of § 2(5) of the A ct.

4.

A t all m aterial tim es the follow ing individuals held the positions set forth

opposite their respective
nam es and have been supervisors w ithin the m eaning of

NLRB-FOIA-00001222

§ 2(11) of the A ct, and/or agents w ithin the m eaning of § 2(13) of the A ct, acting on

behalf of R espondent:

Jim A lbaugh

-

E xecutive V ice P resident, B oeing; President

and C E O of Integrated D efense S ystem s (until

late A ugust 2009); C E O , B oeing C om m ercial

A irplanes (as of late A ugust 2009)

Scott C arson

-

E xecutive V ice P resident, B oeing; C E O , B oeing

C om m ercial A irplanes (until late A ugust 2009)

R ay C onner

-

V ice President and G eneral M anager of Supply

C hain M anagem ent and O perations, B oeing

C om m ercial A irplanes

Scott F ancher

-

V ice President and G eneral M anager ofthe 787

Program

Fred K iga

-

V ice President, G overnm ent and C om m unity

R elations

D oug K ight

-

V ice President, H um an R esources, B oeing

C om m ercial A irplanes

Jim M cN erney

-

President, C hairm an, and C E O

Jim Proulx

-

B oeing spokesm an

P at S hanahan

-

V ice President and G eneral M anager of

A irplane Program s

G ene W oloshyn

-

V ice President, E m ployee R elations

5.

(a)

T hose em ployees of R espondent enum erated in Section 1.1(a) of

the collective bargaining agreem ent described below in paragraph 5(c), including, inter

alia,all production and m aintenance em ployees in W ashington S tate, constitute a unit

appropriate for the purposes of collective bargaining w ithin the m eaning of § 9(b) of the

A ct (the "P uget S ound U nit").

(b)

T hose em ployees of R espondent enum erated in Section 1.1(c) of

the collective bargaining agreem ent described below in paragraph 5(c), including, inter

-3-

NLRB-FOIA-00001223

alia,all production and m aintenance em ployees in the Portland, O regon area, constitute

a unit appropriate for the purposes of collective bargaining w ithin the m eaning of § 9(b)

of the A ct (the "Portland U nit").

(c)

S ince at least 1975 and at all m aterial tim es, the IAM has been the

designated exclusive collective bargaining representative of the P uget Sound U nit and

the Portland U nit (collectively, the "U nit") and recognized as such representative by

R espondent. T his recognition has been em bodied in successive collective-bargaining

agreem ents, the m ost recent
of w hich is effective from

N ovem ber
2, 2008, to

S eptem ber 8, 2012.

(d)

Since 1975, during the course of the parties' collective-bargaining

relationship, the IAM engaged in strikes in 1977, 1989, 1995, 2005, and 2008.

6.

O n or about the dates and by the m anner noted below , R espondent m ade

coercive statem ents to its em ployees that it w ould rem ove or had rem oved w ork from

the U nit because em ployees had struck and R espondent threatened or im pliedly

threatened that the U nit w ould lose additional w ork in the event offuture strikes:

(a)

O ctober 21, 2009, by M cN erney in a quarterly earnings conference

call that w as posted on B oeing's intranet w ebsite for all em ployees and reported in the

S eattle P ost Intelligencer A erospace N ew s and quoted in the S eattle T im es, m ade an

extended
statem ent regarding "diversifying
[R espondent's] labor pool
and

labor

relationship," and m oving the 787 D ream liner w ork to S outh C arolina due to "strikes

happening every three to four years in P uget S ound."

-4-

NLRB-FOIA-00001224

(b)

O ctober 28, 2009, based on its O ctober 28, 2009, m em orandum

entitled 7 8 7 S econd L ine, Q uestions and A nsw ers for M anagers," inform ed em ployees,

am ong other things, that its decision to locate the second 787 D ream liner line in S outh

C arolina w as m ade in order to reduce R espondent's vulnerability to d elivery disruptions

caused by w ork stoppages.

(c)

D ecem ber 7, 2009, by C onner and ProuIx in an article appearing in

the S eattle T im es, attributed R espondent's 787 D ream liner production decision to use a

"dual-sourcing" system and to contract w ith separate suppliers for the South C arolina

line to past U nit strikes.

(d)

D ecem ber 8, 2009, by C onner in an article appearing in the P uget

Sound B usiness Journal, attributed R espondent's 787 D ream liner production decision

to use a "dual-sourcing" system and to contract w ith separate suppliers for the S outh

C arolina line to past U nit strikes.

(e)

M arch 2, 2010, by A lbaugh in a video-taped interview w ith a Seattle

T im es reporter, stated that R espondent decided to locate its 787 D ream liner second line

in South C arolina because of past U nit strikes, and threatened the loss of future U nit

w ork opportunities because of such strikes.

7.

(a)

In or about O ctober 2009, on a date better know n to R espondent,

but no later than O ctober 28, 2009, R espondent decided to transfer its second 787

D ream liner production line of 3 planes per m onth from the U nit to its non-union site in

N orth C harleston, S outh C arolina.

NLRB-FOIA-00001225

(b)

R espondent e ngaged in the conduct described above in paragraph

7(a) because the U nit em ployees assisted and/or supported the U nion by, inter alia,

engaging in the protected, concerted activity of law ful strikes and to discourage these

and/or other em ployees from
engaging
in these or other union
and/or protected,

concerted activities.

(c)

R espondent's
conduct
described
above
in
paragraph
7(a),

com bined w ith the conduct described above in paragraph 6, is also inherently

destructive of the rights guaranteed em ployees by § 7 of the A ct.

8.

(a)

In or about O ctober 2009, on a date better know n to R espondent,

but no later than D ecem ber 3, 2009, R espondent decided to transfer a sourcing supply

program for its 787 D ream liner production line from the U nit to its non-union facility in

N orth C harleston, S outh C arolina, or to subcontractors.

(b)

R espondent e ngaged in the conduct described above in paragraph

8(a) because the U nit em ployees assisted and/or supported the U nion by, inter alia,

engaging in the protected, concerted activity of law ful strikes and to discourage these

and/or other em ployees from

engaging
in these or other union and/or protected,

concerted activities.

(c)

R espondent's
conduct
described
above
in
paragraph
8(a),

com bined w ith the conduct described above in paragraphs 6 and 7(a), is also inherently

destructive ofthe rights guaranteed em ployees by § 7 of the A ct.

-6-

NLRB-FOIA-00001226

9.

By the conduct described above in paragraph 6, R espondent has been

interfering w ith, restraining,
and coercing em ployees in the
exercise of the rights

guaranteed in § 7 of the A ct in violation of § 8(a)(1) of the A ct.

10.

By the conduct described above in paragraphs 7 and 8, R espondent has

been discrim inating in regard to the hire or tenure or term s or conditions of em ploym ent

of its em ployees, thereby discouraging m em bership in a labor organization in violation

of §§ 8(a)(3) and (1) of the A ct.

11.

By the conduct described above in paragraphs 6 through 10, R espondent

has engaged in unfair labor practices affecting com m erce w ithin the m eaning of §§ 2(6)

and (7) of the A ct.

12.

A s part of the rem edy for the unfair labor practices alleged herein, the

A cting G eneral C ounsel seeks an O rder requiring either that one of the high level

officials of R espondent alleged to have com m itted the violations enum erated above in

paragraph 6 read, or that a designated B oard agent read in the presence of a high level

B oeing official, any notice that issues in this m atter, and requiring R espondent to

broadcast such reading on R espondent's intranet to all em ployees.

13.

(a)

A s part of the rem edy for the unfair labor practices alleged above in

paragraphs 7 and 8, the A cting G eneral C ounsel seeks an O rder requiring R espondent

-7-

NLRB-FOIA-00001227

to have the U nit operate its second line of 787 D ream liner aircraft assem bly production

in the S tate of W ashington, utilizing supply lines m aintained by the U nit in the S eattle,

W ashington, and Portland, O regon, area facilities.

(b)

O ther than
as set forth in paragraph
13(a) above,
the
relief

requested by the A cting G eneral C ounsel does not seek to prohibit R espondent from

m aking
non-discrim inatory
decisions w ith respect to w here w ork w ill be perform ed,

including non-discrim inatory decisions w ith respect to w ork at its N orth C harleston,

South C arolina, facility.

A N SW E R R E Q UIR E M E N T

R espondent is notified that, pursuant to §§ 102.20 and 102.21
of the

B oard's R ules and R egulations, it m ust file an answ er to this C om plaint. T he answ er

m ust be received by th is office on or before M ay 4, 2011, or postm arked on or

before M ay 3, 20111,
U nless filed electronically in a pdfform at, R espondent should file

an original and four copies of the a nsw er w ith this office and serve a copy of the answ er

on each of the other parties.

A n answ er m ay also be filed electronically by using the E-Filing system on

the A gency's w ebsite.
In order to file an answ er electronically, access the A gency's

w ebsite at w w w .nirb.cjov, click on F ile C a se D o cu m en ts, enter the N LR B C ase

N um ber, and follow the detailed
instructions. T he responsibility for the receipt and

usability of the answ er rests exclusively upon the sender.
U nless notification on the

A gency's
w ebsite inform s users that
the A gency's E-Filing system

is
officially

determ ined to be in technical failure because it is unable to receive docum ents for a

continuous period of m ore than 2 hours after 12:00 noon (E astern T im e) on the due

-8-

NLRB-FOIA-00001228

date for filing, a failure to tim ely file the answ er w ill not be excused on the basis that the

transm ission could not be accom plished because the A gency's w ebsite w as off-line or

unavailable for som e other reason. T he B oard's R ules and R egulations require that an

answ er be signed by counsel or non-attorney representative for represented parties or

by the party ifnot represented.
S ee § 102.21. Ifthe answ er being filed electronically is

a pdf docum ent containing the required signature, no paper copies of the docum ent

need to be transm itted to the R egional O ffice. H ow ever, ifthe electronic version of an

answ er to a com plaint is not a pdf file containing the required signature, then the E-filing

rules require that such answ er containing the required signature be subm itted to the

R egional O ffice by traditional m eans w ithin three (3) business days after the date of

electronic filing.

S ervice of the answ er on each of the other parties m ust b e accom plished

in conform ance w ith the requirem ents of § 102.114 of the B oard's R ules and

R egulations. T he answ er m ay not be filed by facsim ile transm ission. Ifno answ er is

filed or ifan answ er is filed untim ely, the B oard m ay find, pursuant to M otion for D efault

Judgm ent, that the allegations in this C om plaint are true.

N O T IC E O F H EA R IN G

PL E A SE TA K E N O TIC E TH A T on the 14th day of Ju n e, 2011, at 9:00

a.m ., in Jam es C . S and
H earing R oom , 2966 Jack so n
F ederal B uilding, 915

S econd A venue,
S eattle, W ashington, and
on consecutive days thereafter until

concluded, a hearing w ill be conducted before an A dm inistrative Law Judge of the

N ational L abor R elations B oard. A t the hearing, R espondent and any other party to this

proceeding have the right to appear and present testim ony regarding the allegations in

-9-

NLRB-FOIA-00001229

this com plaint.
T he procedures to be follow ed
at the hearing are described in the

attached Form N L R B -4668. T he procedure to request a postponem ent of the hearing is

described in the attached Form N L R B -4338.

D A TED at S eattle, W ashington, this 2 0 th day of A pril, 2011.

R ichard L .A hearn, R egional D irector

N ational L abor R elations B oard, R egion 19

2948 Jackson F ederal B uilding

915 S econd A venue

S eattle, W ashington 98174-1078

NLRB-FOIA-00001230

Microsoft Outlook

From:

Sent:

To:

Subject:

David Campbell [campbell@workerlaw.com]

W ednesday, May 11, 2011 10:54 AM

Ahearn, Richard L.

FYI Reid Press Release

http://democrats.senate.gov/newsroom/record.cfm?id=332789&

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.

1

NLRB-FOIA-00001231

Microsoft Outlook

From:

Sent:

To:

Subject:

Ahearn, Richard L.

W ednesday, May 11, 2011 11:18 AM

'David Campbell'

RE: FYI Reid Press Release

Can’t open.

From: David Campbell [mailto:campbell@workerlaw.com]

Sent: Wednesday, May 11, 2011 7:54 AM

To: Ahearn, Richard L.

Subject: FYI Reid Press Release

http://democrats.senate.gov/newsroom/record.cfm?id=332789&

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.

1

NLRB-FOIA-00001232

Microsoft Outlook

From:

Sent:

To:

Subject:

David Campbell [campbell@workerlaw.com]

W ednesday, May 11, 2011 3:58 PM

Ahearn, Richard L.

RE: FYI Reid Press Release

Are you and your folks available to talk in the next hour or so?

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.

From: Ahearn, Richard L. [mailto:Richard.Ahearn@nlrb.gov]

Sent: Wednesday, May 11, 2011 8:18 AM

To: David Campbell

Subject: RE: FYI Reid Press Release

Can’t open.

From: David Campbell [mailto:campbell@workerlaw.com]

Sent: Wednesday, May 11, 2011 7:54 AM

To: Ahearn, Richard L.

Subject: FYI Reid Press Release

http://democrats.senate.gov/newsroom/record.cfm?id=332789&

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.

1

NLRB-FOIA-00001233

Microsoft Outlook

From:

Sent:

To:

Subject:

David Campbell [campbell@workerlaw.com]

W ednesday, May 11, 2011 4:01 PM

Ahearn, Richard L.

RE: FYI Reid Press Release

Not essential but I was wondering if you had heard anything from Boeing on the hearing date.

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.

From: Ahearn, Richard L. [mailto:Richard.Ahearn@nlrb.gov]

Sent: Wednesday, May 11, 2011 1:03 PM

To: David Campbell

Cc: Anzalone, Mara-Louise; 'Peter Finch'

Subject: RE: FYI Reid Press Release

I understand Peter was going to speak with you at 2; do you need me and Mara also?

R

From: David Campbell [mailto:campbell@workerlaw.com]

Sent: Wednesday, May 11, 2011 12:58 PM

To: Ahearn, Richard L.

Subject: RE: FYI Reid Press Release

Are you and your folks available to talk in the next hour or so?

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.

From: Ahearn, Richard L. [mailto:Richard.Ahearn@nlrb.gov]

Sent: Wednesday, May 11, 2011 8:18 AM

To: David Campbell

Subject: RE: FYI Reid Press Release

Can’t open.

1

NLRB-FOIA-00001234

From: David Campbell [mailto:campbell@workerlaw.com]

Sent: Wednesday, May 11, 2011 7:54 AM

To: Ahearn, Richard L.

Subject: FYI Reid Press Release

http://democrats.senate.gov/newsroom/record.cfm?id=332789&

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.

2

NLRB-FOIA-00001235

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Ahearn, Richard L.

W ednesday, May 11, 2011 4:03 PM

'David Campbell'

Anzalone, Mara-Louise; 'Peter Finch'

RE: FYI Reid Press Release

I understand Peter was going to speak with you at 2; do you need me and Mara also?

R

From: David Campbell [mailto:campbell@workerlaw.com]

Sent: Wednesday, May 11, 2011 12:58 PM

To: Ahearn, Richard L.

Subject: RE: FYI Reid Press Release

Are you and your folks available to talk in the next hour or so?

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.

From: Ahearn, Richard L. [mailto:Richard.Ahearn@nlrb.gov]

Sent: Wednesday, May 11, 2011 8:18 AM

To: David Campbell

Subject: RE: FYI Reid Press Release

Can’t open.

From: David Campbell [mailto:campbell@workerlaw.com]

Sent: Wednesday, May 11, 2011 7:54 AM

To: Ahearn, Richard L.

Subject: FYI Reid Press Release

http://democrats.senate.gov/newsroom/record.cfm?id=332789&

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.

1

NLRB-FOIA-00001236

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Ahearn, Richard L.

W ednesday, May 11, 2011 4:20 PM

'David Campbell'

Finch, Peter G.; Anzalone, Mara-Louise

RE: FYI Reid Press Release

No clarity but Peter can supply details.

R

From: David Campbell [mailto:campbell@workerlaw.com]

Sent: Wednesday, May 11, 2011 1:01 PM

To: Ahearn, Richard L.

Subject: RE: FYI Reid Press Release

Not essential but I was wondering if you had heard anything from Boeing on the hearing date.

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.

From: Ahearn, Richard L. [mailto:Richard.Ahearn@nlrb.gov]

Sent: Wednesday, May 11, 2011 1:03 PM

To: David Campbell

Cc: Anzalone, Mara-Louise; 'Peter Finch'

Subject: RE: FYI Reid Press Release

I understand Peter was going to speak with you at 2; do you need me and Mara also?

R

From: David Campbell [mailto:campbell@workerlaw.com]

Sent: Wednesday, May 11, 2011 12:58 PM

To: Ahearn, Richard L.

Subject: RE: FYI Reid Press Release

Are you and your folks available to talk in the next hour or so?

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

1

NLRB-FOIA-00001237

This communication is protected by the attorney client and attorney work-product privileges. Please do not copy, forward

or append.

From: Ahearn, Richard L. [mailto:Richard.Ahearn@nlrb.gov]

Sent: Wednesday, May 11, 2011 8:18 AM

To: David Campbell

Subject: RE: FYI Reid Press Release

Can’t open.

From: David Campbell [mailto:campbell@workerlaw.com]

Sent: Wednesday, May 11, 2011 7:54 AM

To: Ahearn, Richard L.

Subject: FYI Reid Press Release

http://democrats.senate.gov/newsroom/record.cfm?id=332789&

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.

2

NLRB-FOIA-00001238

Microsoft Outlook

From:

Sent:

To:

Subject:

Google Alerts [googlealerts-noreply@google.com]

W ednesday, May 11, 2011 7:52 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Carney ducks NLRB question with 'independent agency' defense, Gov. Nikki Haley ...

Daily Caller

By Matthew Boyle - The Daily Caller White House Press Secretary Jay Carney deflected a question on National Labor Relations

Board's (NLRB) actions against the Boeing Company in South Carolina on Wednesday, and the state's Republican Gov. ...

See all stories on this topic »

White House Dodges Questions About NLRB's Complaint Against Boeing

Shopfloor

Q Boeing CEO Jim McNerney, who chairs the President's Export Council, said the National Labor Relations Board suit against his

company for building a plant in a right-to-work state is a fundamental assault on capitalism. I'm wondering is the President ...

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NLRB-FOIA-00001239

Microsoft Outlook

From:

Sent:

To:

Subject:

Google Alerts [googlealerts-noreply@google.com]

W ednesday, May 11, 2011 9:53 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Backus nurses say 'yes' to union

Norwich Bulletin

The vote was 210 in favor and 175 against, according to tallies made by the National Labor Relations Board tonight. Voting took

place most of today at the hospital with balloting ending at 8 pm AFT Connecticut had been campaigning since February to ...

See all stories on this topic »

Democrats and Obama: Rooting against the home team

Hot Air

Jim McNerney, CEO of Boeing, covers the NLRB/Boeing debacle in today's WSJ – something I pointed out a week or so ago. The

National Labor Relations Board (NLRB) has gone to war against another home team – Boeing. Here's a company doing precisely

what ...

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NLRB-FOIA-00001240

Microsoft Outlook

From:

Sent:

To:

Subject:

Google Alerts [googlealerts-noreply@google.com]

Thursday, May 12, 2011 1:54 AM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Sarah Palin chimes in on National Labor Relations Board fight

Politico

Nikki Haley on Wednesday, with a Facebook message attacking President Barack Obama and the National Labor

Relations Board's fight with Boeing. “Does the President support the rights of businesses and working class people in

right-to-work states to make ...

See all stories on this topic »

Politico

Hypocrite Harry Reid's High Horse Must've Kicked Him in the Head

RedState

Senate and House Democrats attacked the Republican-led National Labor Relations Board at a Congressional hearing on Thursday,

saying its recent decisions had favored employers over workers. The union movement's discontent with the labor board has grown ...

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Microsoft Outlook

From:

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To:

Subject:

Google Alerts [googlealerts-noreply@google.com]

Thursday, May 12, 2011 12:32 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Boeing on offense, fires back at NLRB

MyNorthwest.com

By Chris Sullivan Michael Luttig told the Senate Committee that the NLRB complaint against Boeing should be dismissed. (AP

File/Photo) Boeing's top lawyer fired back at the National Labor Relations Board during a Senate hearing on Capitol Hill Thursday

...

See all stories on this topic »

Station Casinos Mounts No Defense in Massive Labor Law Violation Trial

Business Wire (press release)

LAS VEGAS--(BUSINESS WIRE)--The trial before a US administrative law judge in the largest Unfair Labor Practices case ever

filed against a Nevada gaming company by the US National Labor Relations Board (NLRB) came to an abrupt end last week. ...

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From:

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Thursday, May 12, 2011 3:26 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Boeing Complaint Now At Center Of Job, Wage Growth Debate

Huffington Post

WASHINGTON -- A controversial complaint recently filed by the National Labor Relations Board (NLRB) against the Boeing

Company became the centerpiece of a passionate debate on Capitol Hill Thursday over the decline of labor unions in the US, ...

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Backus Hospital won't challenge nurses union vote

Norwich Bulletin

When asked Thursday if the Norwich hospital's administration will be offering a challenge within the seven calendar days set by the

National Labor Relations Board, spokesman Shawn Mawhiney wrote a one-word reply -- “No.” If no objections are offered ...

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Are You On Obama's "Enemies List?"

Kiowa County Signal

Yet when Obama's union goons on the National Labor Relations Board (NLRB) challenged aircraft manufacturer Boeing's right to

locate a new facility in the right-to-work state of South Carolina, all subtlety evaporated. There, in a black-and-white ...

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NLRB-FOIA-00001243

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Thursday, May 12, 2011 8:28 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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GOP bill seeks to undercut labor agency in Boeing case

MiamiHerald.com

The measure is the GOP response to a bid by the top lawyer for the National Labor Relations Board to prevent Boeing from opening

a South Carolina plant this summer to make its next-generation 787 Dreamliner planes. Lafe Solomon, the NLRB's acting ...

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NLRB-FOIA-00001244

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Thursday, May 12, 2011 10:28 PM

Ahearn, Richard L.

Google Alert - National labor relations board

3 new results for National labor relations board

News

UPDATED: Union, Spectrum proposed settlement goes to judge Monday

Torrington Register Citizen

National Labor Relations Board regional director Jonathan Kreisberg confirmed the deal will be presented May 16 to the

administrative judge which has currently been handling the labor dispute. “Technically, until the judge approves everything, ...

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Boeing expects US labor complaint to end in court

Reuters

J Michael Luttig, the company's general counsel and a former appeals judge, told a Senate committee on Thursday he anticipates

losing before an administrative law judge in Seattle in June and at the National Labor Relations Board after that, ...

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Experts say players' case is stronger, but NFL could win appeal

CBSSports.com

They are Stanford Law professor William Gould, who recently served as chairman of the National Labor Relations Board (NLRB)

and who mediated the 1992 and '93 salary disputes between the Major League Baseball Players' Association and Major League ...

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NLRB-FOIA-00001245

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Friday, May 13, 2011 2:00 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Boeing fight gives Republicans weapon against labor board

The Seattle Times

Republican lawmakers are seizing on a National Labor Relations Board complaint against Boeing as a chance to rein

in an agency they say... By Stephanie Armour and Holly Rosenkrantz No comments have been posted to this article. ...

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The Seattle Times

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NLRB-FOIA-00001246

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Friday, May 13, 2011 6:47 AM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

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With suit against Boeing, labor board a top GOP target

The Hill

By Kevin Bogardus - 05/13/11 06:20 AM ET Move over, EPA and OSHA: The National Labor Relations Board has become the

popular executive-branch target for Republicans. Since its April 20 complaint against Boeing for allegedly retaliating against union ...

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Union settlement with Spectrum Healthcare needs NLRB judge's OK

Waterbury Republican American

An official with the National Labor Relations Board, however, said he believes the two sides have reached a settlement that will be

presented to an NLRB administrative law judge on Monday. New England Health Care Employees Union District 1199 held a ...

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NLRB-FOIA-00001247

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Friday, May 13, 2011 10:03 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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The NLRB's Ironic Lawsuit Against Arizona

Hot Air

While much of the nation's attention in matters concerning the National Labor Relations Board (NLRB) has been rightly focused on

the affairs of Boeing in South Carolina, the board has also been busy elsewhere. Last Friday they filed a lawsuit against ...

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NLRB-FOIA-00001248

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Friday, May 13, 2011 5:53 PM

Ahearn, Richard L.

Google Alert - National labor relations board

3 new results for National labor relations board

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Goal of NLRB Complaint against Boeing, Neutrality Agreement?

Shopfloor

The NLRB is on very tenuous ground here and will almost certainly lose in court. But one expert in these matters was telling me

yesterday he wouldn't be surprised if the game is to try to harass Boeing into agreeing to some sort of card check-like ...

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Senators Introduce Bill to Push Back against NLRB Overreach

OpenMarket.org

by Ivan Osorio on May 12, 2011 · 0 comments Reacting to the National Labor Relations Board's (NLRB) blatant efforts to promote

organized labor's agenda, Sens. Lamar Alexander (R-Tenn.), Jim DeMint (RS.C.), and Lindsey Graham (RS. ...

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The National Equalization of Opportunity Board

Cato @ Liberty

The National Labor Relations Board filed a complaint last month to stop Boeing from building it's new 787 in South Carolina rather

than Washington State. As Arthur Laffer and Stephen Moore explain in today's Wall Street Journal, the Board's action ...

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NLRB-FOIA-00001249

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Friday, May 13, 2011 7:52 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Republicans Take on NLRB

Wall Street Journal (blog)

By Melanie Trottman Congressional Republicans are demanding the National Labor Relations Board produce a raft of documents

concerning the board's complaint against Boeing Co. and other decisions the lawmakers say overstep the board's authority. ...

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NLRB Turns Into GOP Whipping Boy

NewsMax.com

But now the GOP is taking aim at the National Labor Relations Board (NLRB), The Hill reports. That's because last month the

NLRB accused Boeing of retaliating against unionized workers in Washington state by building a production plant for its new ...

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NLRB-FOIA-00001250

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Saturday, May 14, 2011 1:24 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Experts Say Allegations In NLRB Complaint Against Boeing Represent "Classic ...

Media Matters for America

Conservative media figures continue to claim that the National Labor Relations Board is attacking states with lax labor laws and

engaging in "unprecedented" actions by filing a complaint alleging that Boeing violated federal labor laws in connection ...

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Autoworkers' union takes aim at “transplant” carmakers

Charleston Post Courier

BY GEORGE SPAULDING There has been plenty of discussion concerning the (our) government's National Labor Relations

Board (NLRB) demanding the closing of the not-yet-completed Boeing plant in North Charleston and opening a second assembly

plant in ...

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NLRB-FOIA-00001251

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Saturday, May 14, 2011 3:05 PM

Ahearn, Richard L.

Google Alert - National labor relations board

4 new results for National labor relations board

News

Can NLRB move companies?

Examiner.com

Now it appears as if the National Labor Relations Board can tell companies where they are able to build their companies and

employ individuals. Boeing has a plant ready to open with over 1000 new jobs created in a right to work state and the General ...

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NLRB, Boeing controversy gaining steam

The City Wire

As expected, Republicans in Congress are making political hay out of a controversial move by the National Labor Relations Board

to challenge Boeing's decision to build a $1 billion aircraft manufacturing facility in South Carolina. ...

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NLRB, butt out!

KETK

But, enter the National Labor Relations Board. The NRLB for the time being has shut down the move. They say its unfair to move

the business to another state where Boeing can make more money. Critics say it's President Obama paying off labor unions. ...

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NLRB Update: GC Lafe Solomon Draws GOP Ire

Corporate Counsel

If Lafe Solomon, acting GC of the National Labor Relations Board, didn't realize he'd kicked the hornets' nest last week, he

probably does now. That source of that buzzing sound is 34 Republican senators who introduced legislation Thursday to prevent ...

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NLRB-FOIA-00001252

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Saturday, May 14, 2011 4:48 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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News

Michael Reagan: It's tyranny vs. freedom as Boeing takes on NLRB

Baxter Bulletin

We are now witnessing a shocking example of that dictatorial practice at the hands of the National Labor Relations Board, which is

insisting that a major US employer may not move some of its operations from one state to another because to do so might ...

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NLRB-FOIA-00001253

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Saturday, May 14, 2011 8:43 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Obama's anti-business stance

New Bern Sun Journal

It will, unless the National Labor Relations Board, controlled by Democrats and encouraged by Barack Obama's reverberating

silence, gets its way. Last month — 17 months after Boeing announced plans to build here, and with the $2 billion plant nearing ...

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NLRB-FOIA-00001254

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Saturday, May 14, 2011 11:38 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

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Gingrich wants funding for labor board pulled

Charleston Post Courier

Newt Gingrich, a 2012 GOP presidential candidate, wants Congress to pull funding for the National Labor Relations Board over its

decision to challenge the Boeing Co. for locating its 787 Dreamliner assembly line in right-to-work South Carolina. ...

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NLRB-FOIA-00001255

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Sunday, May 15, 2011 12:38 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Trail of Boeing controversy might lead to Western Pennsylvania

Pittsburgh Tribune-Review

The fight between Boeing Co. and the National Labor Relations Board over whether the company illegally expanded into a

nonunion state as revenge against strike-happy workers could have ramifications here, Sen. Pat Toomey said. ...

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NLRB-FOIA-00001256

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Sunday, May 15, 2011 2:39 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Capital Report

The State

Nikki Haley on Mike Gallagher's national radio program last week; Haley also appeared on Fox News, using both appearances to tout

the state's fight with the National Labor Relations Board over Boeing's decision to locate a second 787 production line in ...

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NLRB-FOIA-00001257

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Sunday, May 15, 2011 8:21 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

SC reaction in Boeing case not overreaction

The Tand D.com

The National Labor Relations Board's complaint that Boeing engaged in "illegal activity" in building a new aircraft manufacturing

facility in North Charleston has no merit and should be dismissed. The NLRB is seeking an order to keep Boeing's new 787 ...

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NLRB-FOIA-00001258

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Sunday, May 15, 2011 9:52 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Conn Carroll: Liberals believe in 'results,' not the Republic

Washington Examiner

But that is exactly what the National Labor Relations Board did last month when it filed a complaint against Boeing Aircraft Co.,

demanding the famous firm build a new plant in Washington state as punishment for trying to put the facility in South ...

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NLRB-FOIA-00001259

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Monday, May 16, 2011 2:41 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Senators Introduce Right to Work Bill; Seek Freedom for Boeing, Nonunion Employees

National Legal and Policy Center

The decision last month by the National Labor Relations Board (NLRB) to side with a union in trying to block Boeing Co. from

operating in South Carolina has entered a new stage: the US Senate. And the implications extend far beyond South Carolina. ...

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RIVERSIDE COUNTY: Supervisors question union's open negotiating policy

Press-Enterprise

"In some cases, it can be considered an unfair labor practice to unilaterally permit outside participation in negotiations," Walls wrote,

citing a 1953 case before the National Labor Relations Board. County Human Resources Director Barbara Olivier told ...

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NLRB-FOIA-00001260

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Monday, May 16, 2011 4:14 AM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

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Sen. Enzi on NLRB complaint against Boeing

The State Column

We've seen rulemaking from the National Mediation Board changing the way election results are counted to favor unions and actions

by both the Department of Labor and the National Labor Relations Board (NLRB) that limit the information provided to ...

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Did Meet the Press' Boeing Sponsorship Allow Gingrich to Lie About Company's ...

In These Times

said that "the Obama system of the National Labor Relations Board (NLRB) is basically breaking the law to try to punish Boeing

and to threaten every right-to-work state." While Meet the Press host David Gregory vigorously challanged Newt Ginrgrich on ...

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NLRB-FOIA-00001261

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Monday, May 16, 2011 12:52 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

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Obama Mis-Steps On Aerospace & Defense Could...

defpro

14:37 GMT, May 16, 2011 The White House has decided not to comment on a looney complaint brought by the National Labor

Relations Board that argues Boeing shouldn't be allowed to open an aircraft plant in South Carolina because building such a facility

...

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NLRB-FOIA-00001262

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Monday, May 16, 2011 2:26 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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NLRB Fires Back at Critics of Boeing Complaint

Aviation International News

(Photo: Boeing) National Labor Relations Board acting general counsel Lafe Solomon finally responded publicly last week to the

uproar from Republican lawmakers and conservative pundits who claim an April 20 NLRB complaint against Boeing amounts to ...

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NLRB-FOIA-00001263

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Monday, May 16, 2011 3:44 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Machinists, labor board official say Boeing broke law

People's World

WASHINGTON - The Machinists are gathering allies as the battle grows over a top National Labor Relations Board

official's statement that Boeing broke labor law by moving aircraft production to anti-union South Carolina. "The

NLRB charge against Boeing ...

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People's World

House Oversight Committee Chairman Issa, Reps. Gowdy and Ross Request NLRB ...

TMC Net

May 16, 2011 (Congressional Documents and Publications/ContentWorks via COMTEX) -- WASHINGTON, DC--Recent National

Labor Relations Board (NLRB) action against the Boeing Company and efforts to invalidate constitutional amendments in two

states are ...

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NLRB-FOIA-00001264

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Monday, May 16, 2011 6:13 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Texas AG, Other States Urge Labor Relations Board to Drop Complaint Against Boeing

Texas Insider

The National Labor Relations Board should “withdraw immediately” a complaint against Boeing Co. that alleges the

company retaliated against union employees, attorneys general from nine states said in a letter. The NLRB's action,

Texas Insider

citing Boeing's ...

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NLRB-FOIA-00001265

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Tuesday, May 17, 2011 2:25 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Trey Gowdy aims to grill NLRB at hearing in SC

Greenville News

Trey Gowdy said he plans to question National Labor Relations Board officials about their complaint against The Boeing Co.

during an upcoming oversight hearing in South Carolina that he helped arrange. Gowdy said fellow Republican Rep. ...

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NLRB-FOIA-00001266

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Tuesday, May 17, 2011 5:54 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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New player in Boeing suit?

Charleston Post Courier

The National Right to Work Legal Defense Foundation said it is seeking to represent the interests of local Boeing employees by

intervening in the closely watched case, said Mark A. Mix, president. The National Labor Relations Board is suing the ...

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NLRB: just plane nonsense

New York Post

In "Labor's Helping Fist," (PostOpinion, May 13) Rich Lowry presents a good case as to how Boeing has been "Atlas Shrugged." The

National Labor Relations Board claims that Boeing has coerced its union employees by considering the potential adverse ...

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Orchestra's Williams resigns after labor law halts opera deal

The News Journal

Kimball and Williams were stunned when the union brought in the National Labor Relations Board. Glenn Fannin, secretary

treasurer of Local 21 of the American Federation of Musicians, said he called the NLRB to be sure his reading of the contract was ...

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Deal ends strike; workers return to nursing homes in Winsted, 3 other locations

Waterbury Republican American

The settlement ended a labor dispute that affected more than 340 unionized workers at Laurel Hill Healthcare in Winsted;

Birmingham Health Center in Derby, Hilltop Health Center in Ansonia and Park Place Health Care in Hartford. It ends an NLRB

hearing ...

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NLRB-FOIA-00001267

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Tuesday, May 17, 2011 12:02 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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In Our View: Unfair to Boeing

The Columbian

Yet that is what the National Labor Relations Board announced last month, using those words. The NLRB declared Boeing's

intentions in South Carolina to be an unfair labor practice and absurdly ordered the company to move the second assembly line back ...

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NLRB-FOIA-00001268

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Tuesday, May 17, 2011 2:51 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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NLRB memo: More in store for businesses like Boeing

Hot Air

It seems the National Labor Relations Board can't bear to let businesses relocate without allowing unions to have a say. Current

NLRB rules allow a business to move without first negotiating the relocation with its union — provided the decision doesn ...

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Workers could vote to make plant non-union

Atlanta Journal Constitution

The Columbus Dispatch reports a group of replacement workers have filed a request with the National Labor Relations Board to

take a decertification vote. The more than 100 workers could vote by secret ballot to make the local plant non-union, ...

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Right-to-work wants to represent Boeing employees

Charleston Regional Business

By Ashley Fletcher Frampton A right-to-work advocacy group wants to represent Boeing employees in the legal battle between the

aircraft manufacturer and the National Labor Relations Board. The National Right to Work Legal Defense Foundation, ...

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“TWEET!” You're Fired

JD Supra (press release)

Summary: Remember back in February when we were talking about the National Labor Relations Board's view of protected

concerted activity and social media? What do you mean you don't remember? See it here:

http://zomichiganemploymentlaw.wnj.com/?p=316. ...

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NLRB-FOIA-00001269

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Tuesday, May 17, 2011 5:01 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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No Abeyance in Protests Against NLRB's Boeing Complaint

Manufacturing.net

How could we have gone three days without a post on the radicalized National Labor Relations Board? Well, there really have been

few developments after last Thursday's hearing in the Senate HELP Committee, “The Endangered Middle Class: Is the American ...

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Omnova union vows to fight decertification

The Commercial Dispatch

Workers filed a petition on May 10 with the National Labor Relations Board to take a vote on whether or not they wanted to be

represented by the union. It would take a majority vote to decertify the union. For the matter to go straight to an election, ...

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Tuesday, May 17, 2011 7:25 PM

Ahearn, Richard L.

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GRAY: NLRB takes unconstitutional stance on Boeing's expansion

Washington Times

There is much convincing analysis that the National Labor Relations Board has no authority or precedent for doing

this. What needs to be examined is whether the move in fact is not also unconstitutional as a frontal assault on a central
Washington Times

building block ...

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NLRB-FOIA-00001271

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Google Alerts [googlealerts-noreply@google.com]

Tuesday, May 17, 2011 9:15 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Labor panel wants union officials in corporate boardrooms

Washington Examiner

The National Labor Relations Board sued Boeing for opening a factory in South Carolina, a right-to-work state. Stephen

Brashear/Getty Images Why has private-sector unionization fallen from 35 percent of the work force during World War II to less than

7 ...

See all stories on this topic »

Spectrum Healthcare, union settlement offer approved

Torrington Register Citizen

According to a press release from the National Labor Relations Board, the judge presiding over the NLRB's hearings in the matter

approved the settlement on Monday. As a result, Spectrum Healthcare will pay $545000 in back pay and pension benefits to ...

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NLRB-FOIA-00001272

Microsoft Outlook

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W ednesday, May 18, 2011 7:27 AM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

NLRB Vs. Boeing

Harrisonburg Daily News Record

Well, apparently the National Labor Relations Board has seen plenty not to like in Boeing's action. Responding to complaints

lodged by the International Association of Machinists and Aerospace Workers, NLRB general counsel Lafe Solomon has taken dead

...

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Labor editorial was wide of mark

Arizona Republic

The Arizona Republic needs a reality check on its editorial slamming a lawsuit by the National Labor Relations Board, a neutral

agency promoting a level playing field between workers and businesses ("Prop. 113 lawsuit a huge disservice," Sunday). ...

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NLRB-FOIA-00001273

Microsoft Outlook

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W ednesday, May 18, 2011 12:41 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Delta Applauds House Committee Decision to Investigate Labor Board

PR Newswire (press release)

The Committee's decision to investigate the questionable circumstances behind the NMB's voting rule change follows last week's

announcement that they would investigate similar partisan actions involving the National Labor Relations Board and the Boeing ...

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Floor Remarks of US Sen. Lamar Alexander (R-Tenn.) — NLRB v Boeing, Energy bills

Canada Views

“I wish to speak about the events of the last few weeks that have followed the decision by the National Labor Relations Board's

acting counsel to file a complaint against the Boeing Company, alleging basically that the fact that they are expanding ...

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NLRB-FOIA-00001274

Microsoft Outlook

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W ednesday, May 18, 2011 3:12 PM

Ahearn, Richard L.

Google Alert - National labor relations board

3 new results for National labor relations board

News

NLRB: Boeing Not Shut Out of SC

TheStreet.com

(TheStreet) -- Despite the partisan hysteria surrounding a simmering dispute with Boeing(BA), the National Labor Relations

Board's general counsel maintains the aircraft maker could address the agency's concerns and still build 787s in South Carolina. ...

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Unionization by Regulation: House Oversight Committee Seeks Answers from ...

OpenMarket.org

Two key agencies in this effort are the National Labor Relations Board (NLRB) and the National Mediation Board (NMB). The

NLRB supervises the National Labor Relations Act, which covers labor relations for most private sector employees, and the NMB

does ...

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Former NLRB chairman under Bill Clinton says Boeing lawsuit 'unprecedented'

The Hill (blog)

By Keith Laing - 05/18/11 02:03 PM ET The chairman of the National Labor Relations Board under the last Democratic

administration says the current incarnation of the panel under President Obama has gone too far in its lawsuit against Boeing. ...

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NLRB-FOIA-00001275

Microsoft Outlook

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W ednesday, May 18, 2011 7:39 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

NLRB Faults Company for Firing Workers Over Facebook Posts

Wall Street Journal

By MELANIE TROTTMAN WASHINGTON—The National Labor Relations Board said Wednesday a nonprofit in organization

in Buffalo, NY was wrong to fire five workers for Facebook postings that criticized working conditions, and disclosed that it has more

than ...

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Fighting Back Against Obama's Big Labor Favoritism

OpenMarket.org

ranking member on the Heath, Education, Labor, and Pensions Committee, blasted the National Labor Relations Board's attempt to

prevent aircraft manufacturer Boeing from moving from the forced unionism state of Washington to the right-to-work state of ...

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NLRB-FOIA-00001276

Microsoft Outlook

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Thursday, May 19, 2011 1:33 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Boeing case may prompt change

Charleston Post Courier

BY STEPHANIE ARMOUR AND HOLLY ROSENKRANTZ, Bloomberg News WASHINGTON -- Companies may have to give

unions more information about their relocation plans under a proposal being considered by the National Labor Relations Board,

which is under fire for a ...

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NLRB-FOIA-00001277

Microsoft Outlook

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Thursday, May 19, 2011 10:55 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Morning Bell: NLRB Comes to Big Labor's Defense

Heritage.org (blog)

It's hard to imagine Uncle Sam telling Walt Disney where to make movies or McDonald's how many hamburgers to make, but if you

take a look at the case of the National Labor Relations Board (NLRB) versus Boeing, you'll see that the federal government is ...

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NLRB-FOIA-00001278

Microsoft Outlook

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Thursday, May 19, 2011 2:00 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Sen. Alexander: NLRB's Boeing Complaint Helps Send Jobs Overseas

Shopfloor

Now, the National Labor Relations Board's complaint against The Boeing Company sends a clear signal to large companies:

Beware doing business in a United States burdened by this kind of anti-competitive government action. [We] have a regulation from ...

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Reporter Terminated Over Tweets

HR.BLR.com

The National Labor Relations Board (NLRB) found that a reporter was legally terminated after posting unprofessional tweets on his

work-related Twitter account. The Board decided that his tweets did not involve protected concerted activity. ...

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NLRB-FOIA-00001279

Microsoft Outlook

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Attachments:

Ahearn, Richard L.

Thursday, May 19, 2011 3:46 PM

Pomerantz, Anne; Anzalone, Mara-Louise; Finch, Peter G.; Harvey, Rachel

FW : Senator Blumenthal on floor today

image001.jpg

.

Subject: Senator Blumenthal on floor today

THE PRESIDING OFFICER: THE SENATOR FROM CONNECTICUT.

{14:49:11 NSP} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

MR. BLUMENTHAL: THANK YOU, MR. PRESIDENT. MR. PRESIDENT, I RISE

TODAY TO VOICE MY CONCERNS ABOUT A GREAT DEAL OF THE

CONTROVERSY SURROUNDING A COMPLAINT ISSUED UNDER THE NATIONAL

LABOR RELATIONS ACT AGAINST THE BOEING COMPANY. BOEING RECENTLY

DECIDED TO OPEN A NEW PLANT IN SOUTH CAROLINA. THE NATIONAL

LABOR RELATIONS BOARD'S ACTING GENERAL COUNSEL, LIEF SOLOMON,

ISSUED A COMPLIANCE BECAUSE OF EVIDENCE THIS DECISION WAS MADE

IN RETALIATION FOR RECENT STRIKES AT THE BOEING PLANT IN THE

{14:49:41} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

PUGET SOUPED AREA. SOUPED -- PUGET SOUND AREA. NOW, I HOPE THAT

THERE IS NO DISPUTE ABOUT A COUPLE OF POINTS. FIRST, BOEING IS

A HIGHLY REPUTABLE COMPANY THAT PRODUCES GREAT PRODUCTS VALUED

AROUND THE WORLD AND GREAT JOBS. NOT JUST JOBS BUT GOOD JOBS.

AND THERE SHOULD BE NO DOUBT ALSO ABOUT THE IMPORTANCE OF

PUBLIC DEBATE, ROBUST CRITICISM OF GOVERNMENT AGENCIES,

{14:50:17} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

INCLUDING THE NATIONAL LABOR RELATIONS BOARD WHEN IT MAKES

DECISIONS THAT SPARK DISAGREEMENT. AND I HAVE THE GREATEST OF

RESPECT FOR MY COLLEAGUES ON BOTH SIDES OF THE AISLE WHO MAY

HAVE BEEN CRITICAL OF NLRB DECISIONS IN THE PAST AND OF THIS

ACTION IN THE PRESENT. AND THERE SHOULD BE NO DOUBT ALSO ABOUT

THE IMPORTANCE OF THE INTEGRITY OF THE NLRB PROCESS WHICH

BEGINS WITH A COMPLAINT, WHICH IS ALL WE HAVE HERE, AGAINST

{14:50:48} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

BOEING AND THEN HAS A PROCEDURE FOR CONSIDERATION BY

ADMINISTRATIVE LAW JUDGE OF THE FACTS AND THE LAW, THEN TO THE

FULL BOARD OF THE NLRB AND A RIGHT OF APPEAL TO THE COURT OF

APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. HERE IN THIS

INSTANCE THERE HAVE BEEN A SERIES OF ATTACKS ON THE COMPLAINT

AND THE ACTING GENERAL COUNSEL THAT INVOLVE APPARENT EFFORTS TO

{14:51:23} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }
1

NLRB-FOIA-00001280

IMPEDE OR DERAIL THAT PROCESS AND TO PREJUDGE AND EVENT PREEMPT

THAT PROCESS. THE EFFECT IS SO POLITICIZE AND POTENTIALLY STOP

WHAT SHOULD BE A LEGAL PROCEEDING HANDLED UNDER THE APPROPRIATE

RULES AND LAWS AND STATUTES BY AN INDEPENDENT GOVERNMENT

AGENCY. THIS ISSUE IS ABOUT THE INTEGRITY OF THE PROCESS. AT

THIS POINT, THERE IS ONLY A COMPLAINT AGAINST BOEING. THIS

{14:52:02} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

COMPLAINT WAS ISSUED ON THE BASIS OF STATEMENTS AND DOCUMENTS

AND ACTIONS BY THE COMPANY ITSELF. THERE IS CERTAINLY EVIDENCE,

INCLUDING AT LEAST ONE BOEING EXECUTIVE'S STATEMENTS, THAT THE

COMPANY MAY HAVE RETALIATED AGAINST WORKERS. THE NLRB AND THE

ACTING COUNSEL HAVE NOT ONLY THE RIGHT BUT THE RESPONSIBILITY

TO INVESTIGATE AND ACT WHERE THE FACTS AND THE LAW ESTABLISH, A

{14:52:33} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

RIGHT, AN OBLIGATION TO DO SO. SO NO ONE SHOULD BE TRYING TO

PREJUDGE THIS CASE BEFORE IT GOES TO THE ADMINISTRATIVE JUDGE

AND NO ONE SHOULD BE SEEKING A PASS FROM THE APPROPRIATE

PROCESS AND NO ONE SHOULD BE SEEKING TO INTIMIDATE OR TO

INTERFERE WITH THIS LAWFUL PROCEEDING. I COME TO THE FLOOR

TODAY BECAUSE OF THE PROSPECT OF EXACTLY THAT DANGER OCCURRING

{14:53:07} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

HERE. ON MAY 12, CHAIRMAN DARRELL ISSA, REPRESENTING THE

CHAIRMAN ON GOVERNMENT OVERSIGHT AND REFORM, SENT A LETTER TO

THE ACTING GENERAL COWNS HE FEEL THE THE -- COUNSEL OF THE

NLRB, REQUESTING THAT HE PRODUCE ALL RELATED DOCUMENTS

PERTAINING TO THIS CASE. INDEED, THE LETTER HAS A NUMBER OF

PARAGRAPHS THAT ARE SWEEPING IN THEIR SCOPE, REQUESTING, FOR

EXAMPLE, DEMANDING THAT ALL DOCUMENTS AND COMMUNICATIONS

REFERRING OR RELATING TO THE OFFICE OF GENERAL COUNSEL'S

INVESTIGATION OF BOEING, INCLUDING BUT NOT LIMITED TO ALL

{14:53:46} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

COMMUNICATIONS BETWEEN THE OFFICE OF GENERAL COUNSEL AND THE

NATIONAL LABOR RELATIONS BOARD. THE HOUSE COMMITTEE, WITH ALL

DUE RESPECT, IS NOT A COURT, IT IS NOT THE ADMINISTRATIVE

JUDGE, IT IS NOT A PROPER PARTY TO BE DEMANDING THESE DOCUMENTS

IN THE COURSE OF A LAWFUL JUDICIAL PROCEEDING. AND THE

CHAIRMAN'S ATTEMPT TO INSERT THE COMMITTEE INTO THIS CASE BY

CONDUCTING ITS OWN ROUND OF DISCOVERY AT THIS POINT WOULD

{14:54:18} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

INTERFERE WITH THE NLRB'S ABILITY TO PREPARE AND PRESENT ITS

CASE BEFORE A REAL JUDICIAL OFFICER. THESE ACTIONS AND SOME

OTHERS ARE AN ATTACK ON THE INTEGRITY OF THE NLRB, AN ATTACK ON

ITS ABILITY TO MAKE DECISIONS AND ENFORCE THE LAW AS THE UNITED

STATES CONGRESS HAS INSTRUCTED IT AND REQUIRED IT TO DO BASED

ON DECISIONS INVOLVING THE FACTS AND THE LAW ALONE. THE NLRB IS

{14:54:54} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

PART OF OUR NUTRITIONAL SYSTEM, PART OF OUR JUSTICE SYSTEM, AND
2

NLRB-FOIA-00001281

IT SHOULD BE GIVEN THE OPPORTUNITY TO DO JUSTICE IN THIS

INSTANCE. IT SHOULD BE GIVEN THE OPPORTUNITY TO PROTECT

FAIRNESS AND PEACE AT THE WORKPLACE WHICH IS ULTIMATELY ITS

MANDATE AND ITS VERY SOLEMN RESPONSIBILITY, ITS TRADITION AND

ITS MANDATE FROM THE CONGRESS IS SO PROTECT JOBS AND TO FOSTER

{14:55:29} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

ECONOMIC GROWTH BY MAINTAINING PEACE AND FAIRNESS AT THE

WORKPLACE. AND THESE PRIORITIES SHOULD BE SHARED BY ALL OF THE

COUNTRY. I CERTAINLY BELIEVE AND HOPE THAT THE PEOPLE OF

CONNECTICUT WANT FAIRNESS AND PEACE IN THE WORKPLACE, AS WE DO

IN OUR WORKPLACES. THE NLRB, VERY SIMPLY, SHOULD BE GIVEN THAT

OPPORTUNITY TO DO JUSTICE HERE WITHOUT IMPROPER OR

INAPPROPRIATE INTERFERENCE BY MEMBERS OF THE UNITED STATES

{14:56:02} (MR. BLUMENTHAL) { NOT AN OFFICIAL TRANSCRIPT }

CONGRESS OR ANYONE ELSE, AND MY HOPE IS THAT IT WILL BE

VINDICATED AND THAT THE ATTACKS WILL CEASE AND THAT IT WILL BE

GIVEN THE OPPORTUNITY TO GO FORWARD LAWFULLY AND APPROPRIATELY

AND PROPERLY. THANK YOU, MR. PRESIDENT. AND I SUGGEST THE

ABSENCE OF A QUORUM.

3

NLRB-FOIA-00001282

NLRB-FOIA-00001283

Microsoft Outlook

From:

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Subject:

Google Alerts [googlealerts-noreply@google.com]

Thursday, May 19, 2011 8:59 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

DeMint rips labor board, Democrats in Boeing flap

Washington Times

Jim DeMint on Thursday criticized a National Labor Relations Board move to block a major new Boeing

manufacturing facility in his state and said Democrats need to distance themselves from labor unions who are hurting

the workers they are supposed to ...

Washington Times

See all stories on this topic »

SC House approves anti-union bill meant to send message to federal labor board

Daily Journal

Alan Clemmons of Myrtle Beach says it sends a message to the National Labor Relations Board. The board's proposal would

require businesses to post the 1935 federal law that guarantees employees' right to collectively bargain, distribute union ...

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NLRB-FOIA-00001284

Microsoft Outlook

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Google Alerts [googlealerts-noreply@google.com]

Friday, May 20, 2011 12:36 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Unions, Boeing and the Obama adminstration

Washington Post

suggested that the National Labor Relations Board (NLRB) is in collusion with the Obama administration to debilitate Boeing for

political gain. Mr. Will spins a fantastic tale of the Obama administration propping up organized labor by leveling an ...

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NLRB-FOIA-00001285

Microsoft Outlook

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Google Alerts [googlealerts-noreply@google.com]

Friday, May 20, 2011 5:38 AM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

A tug-of-war over middle-class jobs

CNNMoney

But as it prepares for the first jet to roll off the line this summer, Boeing must first go head to head with the National Labor

Relations Board. And the factory has also become ground zero for a political debate between Democrats and Republicans on ...

See all stories on this topic »

Channel 6 anchor files complaint against union

Indianapolis Star

Trisha Shepherd, who anchors the evening newscasts, claims in a complaint to the National Labor Relations Board that the

American Federation of Television and Radio Artists is illegally trying to collect dues or fees from her. ...

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NLRB-FOIA-00001286

Microsoft Outlook

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Google Alerts [googlealerts-noreply@google.com]

Friday, May 20, 2011 7:23 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Labor, Republicans battle over organizing in transportation sector

The Hill

But DeMint has not given up on another union-related effort to block a complaint by the National Labor Relations Board against

Boeing for allegedly retaliating against union workers. The company planned to set up a second production line for its 787 ...

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NLRB-FOIA-00001287

Microsoft Outlook

From:

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Board Agent in Seattle

Friday, May 20, 2011 10:02 AM

Ahearn, Richard L.

Did you catch CNNs Boeing story last night?

As soon as I introduce myself to someone at Hdqtrs and explain I’m on exchange from the Seattle Region, he/she

inevitably mentions this case.

I have been telling people that I’m hiding in DC because it’s the last place anyone will look

. . . . 

Board Agent in Seattle
National Labor Relations Board

2948 Jackson Federal Building

915 Second Avenue

Seattle, W A 98174

Board Agent in Seattle

1

NLRB-FOIA-00001288

Microsoft Outlook

From:

Sent:

To:

Subject:

Ahearn, Richard L.

Friday, May 20, 2011 10:11 AM

Board Agent in Seattle

Re: Did you catch CNNs Boeing story last night?

Did not see it...are you having a good, worthwhile time?

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Board Agent in Seattle
To: Ahearn, Richard L.

Sent: Fri May 20 10:02:20 2011

Subject: Did you catch CNNs Boeing story last night?

As soon as I introduce myself to someone at Hdqtrs and explain I’m on exchange from the Seattle Region, he/she

inevitably mentions this case.
. . . . 

I have been telling people that I’m hiding in DC because it’s the last place anyone will look

Board Agent in Seattle
National Labor Relations Board

2948 Jackson Federal Building

915 Second Avenue

Seattle, W A 98174

Board Agent in Seattle

1

NLRB-FOIA-00001289

Microsoft Outlook

From:

Sent:

To:

Subject:

Board Agent in Seattle
Friday, May 20, 2011 10:16 AM

Ahearn, Richard L.

RE: Did you catch CNNs Boeing story last night?

It’s been fascinating. I think everyone should do this. So many pieces have fallen into place. I’ve been working hard and

hope to leave a good impression of Region 19.

From: Ahearn, Richard L.

Sent: Friday, May 20, 2011 7:11 AM

To: Board Agent in Seattle

Subject: Re: Did you catch CNNs Boeing story last night?

Did not see it...are you having a good, worthwhile time?

--------------------------

Sent from my BlackBerry Wireless Handheld

From:

Board Agent in Seat...

To: Ahearn, Richard L.

Sent: Fri May 20 10:02:20 2011

Subject: Did you catch CNNs Boeing story last night?

As soon as I introduce myself to someone at Hdqtrs and explain I’m on exchange from the Seattle Region, he/she

inevitably mentions this case. I have been telling people that I’m hiding in DC because it’s the last place anyone will look

. . . . 

Board Agent in Seattle
National Labor Relations Board

2948 Jackson Federal Building

915 Second Avenue

Seattle, W A 98174

Board Agent in Seattle

1

NLRB-FOIA-00001290

Microsoft Outlook

From:

Sent:

To:

Subject:

Ahearn, Richard L.

Friday, May 20, 2011 10:18 AM

NLRB Board Agent in Seattle
Re: Did you catch CNNs Boeing story last night?

I am certain you'll be a fabulous ambassador; enjoy!

--------------------------

Sent from my BlackBerry Wireless Handheld

From:
NLRB Board Agent in Seattle
To: Ahearn, Richard L.

Sent: Fri May 20 10:16:00 2011

Subject: RE: Did you catch CNNs Boeing story last night?

It’s been fascinating. I think everyone should do this. So many pieces have fallen into place. I’ve been working hard and

hope to leave a good impression of Region 19.

From: Ahearn, Richard L.

Sent: Friday, May 20, 2011 7:11 AM

To:

NLRB Board Agent in Seattle

Subject: Re: Did you catch CNNs Boeing story last night?

Did not see it...are you having a good, worthwhile time?

--------------------------

Sent from my BlackBerry Wireless Handheld

NLRB Board Agent in Seattle

From:

To: Ahearn, Richard L.

Sent: Fri May 20 10:02:20 2011

Subject: Did you catch CNNs Boeing story last night?

As soon as I introduce myself to someone at Hdqtrs and explain I’m on exchange from the Seattle Region, he/she

inevitably mentions this case.

I have been telling people that I’m hiding in DC because it’s the last place anyone will look

. . . . 

NLRB Board Agent in Seattle
National Labor Relations Board

2948 Jackson Federal Building

915 Second Avenue

Seattle, W A 98174

NLRB Board Agent in Seattle

1

NLRB-FOIA-00001291

Microsoft Outlook

From:

Sent:

To:

Subject:

Google Alerts [googlealerts-noreply@google.com]

Friday, May 20, 2011 12:03 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Right wing flies off course on Boeing controversy

The Hill (blog)

By Kimberly Freeman Brown - 05/20/11 11:19 AM ET Right-wing pundits and politicians have been in rare form over the past few

weeks, with the National Labor Relations Board's complaint against Boeing serving as a catalyst for their ramped up attack on ...

See all stories on this topic »

NLRB stance on social networks getting a little clearer

Hr Morning

The National Labor Relations Board just can't seem to get enough of this new-fangled social networking business. But a couple of

recent developments provide some clarification on where the agency's headed on the issue. First, NLRB officials decided ...

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NLRB-FOIA-00001292

Microsoft Outlook

From:

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Ahearn, Richard L.

Friday, May 20, 2011 12:13 PM

Pomerantz, Anne; Anzalone, Mara-Louise; Harvey, Rachel; Finch, Peter G.

Fw: Google Alert - National labor relations board

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Google Alerts <googlealerts-noreply@google.com>

To: Ahearn, Richard L.

Sent: Fri May 20 12:03:22 2011

Subject: Google Alert - National labor relations board

2 new results for National labor relations board

News

Right wing flies off course on Boeing controversy

The Hill (blog)

By Kimberly Freeman Brown - 05/20/11 11:19 AM ET Right-wing pundits and politicians have been in rare form over the past few

weeks, with the National Labor Relations Board's complaint against Boeing serving as a catalyst for their ramped up attack on ...

See all stories on this topic »

NLRB stance on social networks getting a little clearer

Hr Morning

The National Labor Relations Board just can't seem to get enough of this new-fangled social networking business. But a couple of

recent developments provide some clarification on where the agency's headed on the issue. First, NLRB officials decided ...

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NLRB-FOIA-00001293

Microsoft Outlook

From:

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Google Alerts [googlealerts-noreply@google.com]

Friday, May 20, 2011 1:43 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

DeMint: Bill Daley might want to go back to Chicago for a while

Hot Air

C.) on the subject of the current battle between the National Labor Relations Board (NLRB) and Boeing. While we've covered the

ongoing battle here previously, DeMint brought up some new wrinkles in the story during his prepared remarks and the Q&A ...

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Trumka issues threat to Dems: Help us or pay

Daily Caller

Trumka's remarks come on the heels of what conservatives are calling a power grab by the National Labor Relations Board

(NLRB), which is attacking The Boeing Company for building a plant in South Carolina after disagreements with unions in

Washington ...

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NLRB-FOIA-00001294

Microsoft Outlook

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Google Alerts [googlealerts-noreply@google.com]

Saturday, May 21, 2011 9:01 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

On Boeing, Defending NLRB's 'Process' Fails as Serious Argument

Manufacturing.net

Few Democratic members of Congress have spoken up on the National Labor Relations Board's unprecedented and extreme

complaint against The Boeing Company for making a reasonable, legitimate management decision by building new production

facilities in ...

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NLRB-FOIA-00001295

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Sunday, May 22, 2011 2:08 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Sunday Buzz Air show delegation will be wearing their smiley faces

The Seattle Times

Last month the National Labor Relations Board (NLRB) issued a complaint against Boeing spurred by the Machinists. Arguing that

Boeing executives chose to locate a second production line for the 787 Dreamliner in North Charleston, SC, ...

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NLRB-FOIA-00001296

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Sunday, May 22, 2011 3:16 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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If the Obama administration caves in to conservatives, labor is history

Houston Chronicle

For the right, public sector unions remain an important target, but the real story lies elsewhere — the "astonishing abuse of power" by

the Obama National Labor Relations Board (NLRB), which has just issued a complaint against Boeing for expanding ...

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Sunday, May 22, 2011 6:10 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Labor disputes between Boeing and the NLRB

The Seattle Times

It is interesting to observe the media whining about Boeing being charged by the National Labor Relations Board for threatening its

union workers [“The NLRB vs. Boeing: politics over the economy,” Opinion, May 15]. The simple fact is the company did ...

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Ahearn, Richard L.

Sunday, May 22, 2011 11:52 PM

Finch, Peter G.

Re: Gov. Gregoire

Exemption 5, 7(A)

--------------------------

Sent from my BlackBerry Wireless Handheld

----- Original Message -----

From: Finch, Peter G.

To: Ahearn, Richard L.

Sent: Sun May 22 19:05:47 2011

Subject: RE: Gov. Gregoire

Exemption 5, 7(A)

________________________________________

From: Ahearn, Richard L.

Sent: Sunday, May 22, 2011 9:28 AM

To: Mattina, Celeste J.; Abruzzo, Jennifer; Garza, Jose; Kearney, Barry J.; Farrell, Ellen

Cc: Pomerantz, Anne; Anzalone, Mara-Louise; Finch, Peter G.; Harvey, Rachel

Subject: Gov. Gregoire

News

1 new result for National labor relations board

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Ecid5VFk&usg=AFQjCNEpuLlBum63N2-ce4FpFFtL1TS3tg>

The Seattle Times

Last month the National Labor Relations Board (NLRB) issued a complaint against Boeing

spurred by the Machinists. Arguing that Boeing executives chose to locate a second production

line for the 787 Dreamliner in North Charleston, SC, ...

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NLRB-FOIA-00001300

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Monday, May 23, 2011 7:02 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Labor Update: Boeing V National Labor Relations Board

Blog for Iowa (blog)

The good news about the stink Republicans are making regarding the National Labor Relations Board (NLRB) charge of worker

retaliation against Boeing is that the charge is too wonky to really take off as a clear cut political issue. ...

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Toner, Jack [JToner@seyfarth.com]

Monday, May 23, 2011 11:31 AM

Ahearn, Richard L.

W SJ article

http___online.wsj.pdf

<<http___online.wsj.pdf>>

John J. Toner | Seyfarth Shaw LLP

975 F Street, N.W.

Washington, DC 20004-1454

Direct Dial: (202) 828-3575 | Fax: (202) 641-9275 jtoner@seyfarth.com | www.seyfarth.com

__________________________________________________________

Any tax information or written tax advice contained herein (including any attachments) is not

intended to be and cannot be used by any taxpayer for the purpose of avoiding tax penalties

that may be imposed on the taxpayer.

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NLRB-FOIA-00001302

Review & Outlook: Another Labor Board Power Play - WSJ.com#printMode

Page 1 of 2

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REVIEW & OUTLOOK

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MAY 23, 2011

Another Labor Board Power Play

The latest attempt to restrict the movement ofbusiness and capital.

The Obama-era NationalLabor Relations Board has tilted so heavilytoward union interests that companies

might be forgiven for thinking the process is rigged against them. Arecent missive from one of the agency's top

lawyers shows why.

In a May10 memo to regionalstaffers, Associate GeneralCounselRichard Siegeldiscusses a March case in which

the NLRB sided with telecommunications companyEmbarq Corp. in a dispute over its decision to close a Las

Vegas callcenter and open a bigger facilityin Florida. The companyrefused to explain to its union the rationale

for the move. In America, business decisions are made byowners or executives and are rarelysubject to

compulsorybargaining, while unions confine their concerns to working conditions, payand benefits.

NLRB Chairwoman Wilma Liebman, a long-time union lawyer,

doesn't like that balance. "The Board's task would be easier, and

more importantly, the [NationalLabor Relations] Act's policyof

promoting collective bargaining might wellbe better served, if

employers were required to provide unions with requested

information about relocation decisions whenever there was a

reasonable likelihood that labor-cost concessions might affect

the decision," she wrote in her concurrence to the Embarq case.

Translation: Ms. Liebman wants to force far more companies to

consult unions when theywant to relocate, because unions might

theoreticallybe able to offer concessions to avert a move if they

had more information. Never mind that such a rule change

would be an unprecedented intrusion into boardrooms, or that

unions might use collective bargaining to request reams of data,

such as payrolls and tax returns, to increase their negotiating

leverage. In a "future case," Ms. Liebman added, "I would be

open to modifying" the rule. Wink, nudge.

And voila, a fewmonths later, we get Mr. Siegel's letter: "The

GeneralCounselwishes to examine the concerns raised by

Associated Press

Chairman Liebman in Embarq, and determine whether to

National Labor Relations Board Chairwoman Wilma

propose a newstandard in cases involving these kinds of

Liebman

information requests." So one of the NLRB's top lawyers is

ordering the troops to scrounge up a case to bring to the

accommodating Ms. Liebman and her two fellowDemocrats who form a 3-2 majorityon the NLRB.

This is getting to be a bad habit. In April, acting generalcounselLafe Solomon challenged Boeing's right to build a

newfactoryin South Carolina, on grounds that such a move would hurt the company's existing union in

http://online.wsj.com/article/SB10001424052748704816604576335191478940656.html

5/23/2011

NLRB-FOIA-00001303

Review & Outlook: Another Labor Board Power Play - WSJ.com#printMode

Page 2 of 2

Washington state. The case is a frontalassault on "right-to-work" states, which let individualworkers choose

whether to join a union.

As more private workers shun union membership, Big Labor wants government to rig the rules on its behalf. The

current NLRB, the most politicized in memory, is obliging with an unprecedented attack on the free movement of

business and capitalin America. If it succeeds, the result willbe a flight of jobs overseas, not more at home. The

NLRB is controlled byPresident Obama's appointees, and the White House silence on their actions amounts to an

endorsement.

Copyright 2011 Dow Jones & Company, Inc. All Rights Reserved

This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by

copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit

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http://online.wsj.com/article/SB10001424052748704816604576335191478940656.html

5/23/2011

NLRB-FOIA-00001304

Microsoft Outlook

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Monday, May 23, 2011 3:28 PM

Ahearn, Richard L.

Google Alert - National labor relations board

3 new results for National labor relations board

News

NLRB in Congressional Tug-of-War

Corporate Counsel

As part of the ongoing public debate about the role of labor unions in public- and private-sector industries, the National Labor

Relations Board has found itself caught in a political tug-of-war on Capitol Hill. (See previous CorpCounsel.com coverage, ...

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Obama Re-Nominates Labor Radical to National Mediation Board

Americans for Tax Reform

The President is largely expected to re-nominate Craig Becker to the National Labor Relations Board (NLRB) before his term ends

this December. Mr. Becker, who received a recess appointment by the President following his rejection by the Senate, ...

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Corporate America in a Tizzy over Labor Board's Boeing Order

Labor Notes

When the National Labor Relations Board told Boeing in April that it can't retaliate against workers who exercise their right to

strike, Republican lawmakers and the Chamber of Commerce reacted as if Stalin himself had taken over the federal government ...

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NLRB-FOIA-00001305

Microsoft Outlook

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Monday, May 23, 2011 7:21 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Certified Nursing Assistants At Center Of National Labor Dispute

Huffington Post

Specialty Healthcare, as the case is known, has become the next battleground in a highly public war that pits Republicans and business

interests against the National Labor Relations Board (NLRB) under the Obama administration. ...

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NLRB Admits Boeing Complaint Applies To Every Business & State

Town Hall

The National Labor Relations Board's (NLRB) decision to issue a complaint regarding the Boeing facility in South

Carolina is a poorly veiled act of revenge against a company that refused to let Big Labor bosses decide its future. ...

Town Hall

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NLRB-FOIA-00001306

Microsoft Outlook

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Tuesday, May 24, 2011 1:14 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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News

Lamar Alexander touts Tennessee

Chattanooga Times Free Press

Lamar Alexander, R-Tenn., warned Monday that such Tennessee investments could be hurt in the future by a recent

complaint by the National Labor Relations Board against the Boeing Corp. NLRB Acting General Counsel Lafe

Solomon said Boeing violated ...

Chattanooga Times

Free Press

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NLRB-FOIA-00001307

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Tuesday, May 24, 2011 2:56 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Jeffrey Hadden NLRB to workers: Drop dead

The Detroit News

It is a measure of the perversion of the National Labor Relations Board (NLRB) that it is now actively suing state governments to

limit the rights of workers. TheNLRB has gained a lot of notoriety recently with its demand that Boeing, the Washington ...

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NLRB-FOIA-00001308

Microsoft Outlook

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Tuesday, May 24, 2011 4:06 PM

Ahearn, Richard L.

Google Alert - National labor relations board

3 new results for National labor relations board

News

Facebook Posting Led To Worker's Unfair Firing: Feds

Huffington Post

WASHINGTON -- The National Labor Relations Board (NLRB) announced today that it has filed a complaint alleging that a

Chicago-area car dealership wrongfully fired an employee after he posted commentary critical of the company on his Facebook page.

...

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No Signs of Abating: Furor Over NLRB's Complaint Against Boeing

Shopfloor

Three House members from South Carolina took to the House floor Monday to express their opposition to the National Labor

Relations Board's unprecedented complaint against Boeing for locating new production facilities for the 787 Dreamliner in South ...

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Note to Boeing's Jim McNerney: All We Are Saying Is Give the Truth -- and Your ...

Huffington Post (blog)

As reported by Hal Weitzman and Jeremy Lemer in the Financial Times, "nineteen [Republican] Senators are threatening to block

President Barack Obama's two appointments to the National Labor Relations Board...after the organisation filed a complaint ...

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NLRB-FOIA-00001309

Microsoft Outlook

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W ednesday, May 25, 2011 6:20 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

NLRB V Boeing – Corporations Fear Law Itself

Seeing the Forest

The National Labor Relations Board is attempting to enforce our country's laws and the corporate conservatives are going nuts -

literally. They are challenging the concept of law itself, while making wild claims of conspiracies by government against ...

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Schaff, David

W ednesday, May 25, 2011 3:36 PM

Ahearn, Richard L.

Labor Notes article on Boeing

David Schaff

National Labor Relations Board

Anchorage Resident Office

605 West 4th Ave., Suite 210

Anchorage, Alaska 99501

(907) 271-5015

Fax (907) 271-3055

From: David Schaff

Ex. 6 personal privacy

Sent: Wednesday, May 25, 2011 11:26 AM

To: Schaff, David

Subject:

http://labornotes.org/2011/05/corporate-america-tizzy-over-labor-board-boeing-order

1

NLRB-FOIA-00001311

Microsoft Outlook

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W ednesday, May 25, 2011 3:59 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

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NLRB's decision on Boeing is stupid

DesMoinesRegister.com

In the vernacular of the modern generation, the National Labor Relations Board's treatment of Boeing Aircraft sucks. Never in our

history has the federal government disallowed the location of a business interest as the NLRB wants to do now, ...

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New Trumka threat aimed at Congress

Monessen Valley Independent

Those roads lead to the National Labor Relations Board. In its worst example yet of union-coddling, the NLRB is squeezing Boeing

Co. over its plans to build a nonunion factory in South Carolina instead of augmenting a union facility in Washington state ...

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NLRB-FOIA-00001312

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W ednesday, May 25, 2011 5:48 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

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NLRB Targets Boeing, Ignores Congress

OpenMarket.org

by Ivan Osorio on May 25, 2011 · 0 comments It is now well known that the Obama administration is trying to use the National

Labor Relations Board (NLRB) as a battering ram to push through policy changes favorable to organized labor. ...

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NLRB-FOIA-00001313

Microsoft Outlook

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W ednesday, May 25, 2011 7:00 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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The Labor Box

Human Events

by John Hayward Over at Red State, LaborUnionReport picks through the legal rationale for the National Labor Relations Board's

persecution of Boeing, on behalf of the aircraft machinists' union in Washington State, and comes to some alarming ...

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NLRB-FOIA-00001314

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W ednesday, May 25, 2011 9:13 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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Committee requests NLRB documents about Boeing, unions

Charleston Regional Business

By Matt Tomsic and Ashley Fletcher Frampton The House Oversight Committee is requiring the National Labor Relations Board to

hand over documents by Friday about its complaint against Boeing Co. and its investigation of union election laws in four ...

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Thursday, May 26, 2011 1:56 AM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Take On the NLRB

American Enterprise Institute

By Michael S. Greve | National Review Much has been said and written about the underhanded attempt by the

National Labor Relations Board (NLRB) to enjoin, as an "unfair labor practice,"Boeing's decision to locate a big

production facility in ...

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American

Enterprise Institute

Utility Union Charges National Power Company With Illegal Employee Gag Rules

In These Times

This past weekend, the Utility Workers Union of America (UWUA) Local 369 in Braintree, Mass., filed unfair labor charges with the

National Labor Relations Board against GenOn Energy, a large multi-state energy company which owns 47 plants nationwide, ...

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NLRB-FOIA-00001316

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Thursday, May 26, 2011 4:00 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

EDITORIAL: Obama versus Boeing

Washington Times

Tim Scott introduced legislation to protect a Boeing 787 Dreamliner production plant in his South Carolina district

from the outrageous complaint filed by pro-union thugs at the National Labor Relations Board (NLRB). The agency

Washington Times

wants to force the ...

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Friday, May 27, 2011 12:57 PM

Ahearn, Richard L.

Google Alert - National labor relations board

3 new results for National labor relations board

News

Inflatable rat gets NLRB's blessing

Long Island Business News

by LIBN Staff A labor union had a constitutional right to use a 16-foot inflatable rat to call attention to the use of non-

union contractors by a neutral third party, the National Labor Relations Board ruled Thursday. The 3-1 majority said

the use of a ...

Long Island

Business News

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Corporate America in a tizzy over labor board's Boeing order

Facing South

By Jane Slaughter, Labor Notes When the National Labor Relations Board told Boeing in April that it couldn't retaliate against

workers who exercise their right to strike, Republican lawmakers and the Chamber of Commerce reacted as if Stalin himself had ...

See all stories on this topic »

Execution First . . . Trial Later: Congress and the National Labor Relations Board

truthout

Lately their former students sound more like the Queen of Hearts with their threats to execute the National Labor Relations Board

(NLRB) by defunding it and taking away the power of the NLRB's General Counsel to enforce the National Labor Relations Act ...

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NLRB-FOIA-00001318

Microsoft Outlook

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Friday, May 27, 2011 3:20 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

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Senator Jim DeMint Talks About Union Thugs and their Attack on Boeing

The New Ledger

I wanted to start off by asking you if you could just speak for a moment on what's going in your state with the National

Labor Relations Board, and Boeing, and that entire situation. It's obviously been something that's been a huge issue

The New Ledger

for folks ...

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NLRB-FOIA-00001319

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Friday, May 27, 2011 8:24 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Gingrich: Tie debt ceiling to Boeing union fight

Seattle Post Intelligencer

JIM DAVENPORT, AP COLUMBIA, SC (AP) — Former House Speaker Newt Gingrich on Friday raised the ante on the fight

between Boeing Co. and the National Labor Relations Board, an emerging issue in this key early-primary state. Making his first

visit to ...

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8th Circuit to tackle NFL dispute

The National Law Journal

The antitrust suit would be stayed pending a decision by the National Labor Relations Board. And in turn the NLRB would decide

the league's unfair-labor-practice claim that union decertification was a sham designed to gain leverage. ...

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NLRB-FOIA-00001320

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Saturday, May 28, 2011 4:00 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

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Boeing faces NLRB persecution

Columbia Daily Tribune

The National Labor Relations Board is haunted by the fear that a company somewhere might be creating jobs with a nonunionized

workforce. Boeing has run afoul of that fear by investing more than $1 billion in a new plant in the right-to-work state of ...

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NLRB-FOIA-00001321

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Saturday, May 28, 2011 11:28 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Paul F. deLespinasse: The trouble with 'illegal intentions'

Adrian Daily Telegram

By Paul F. deLespinasse The National Labor Relations Board (NLRB) is trying to prevent Boeing from opening a new factory in

South Carolina. It claims that Boeing is retaliating against unions at its plants in Seattle. Much has been said about possible ...

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Sunday, May 29, 2011 3:48 PM

Ahearn, Richard L.

Google Alert - National labor relations board

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News

Midday open thread

Daily Kos

Newt Gingrich, a guy you know even though you don't want to, says an administrative regulatory dispute between

Boeing and the National Labor Relations Board should destroy the credit of the United States if it isn't resolved in

Daily Kos

Boeing's favor. ...

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Sunday, May 29, 2011 6:13 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

The absurdist comedy of US labour laws

Financial Times

In two weeks, an administrative law judge is scheduled to hear a complaint by the National Labor Relations Board, an arm of the

federal government, against Boeing. The aircraft manufacturer has hired workers and invested $1bn in a new factory in South ...

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Tuesday, May 31, 2011 9:21 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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News

SUMMARY JUDGMENTS: Our daily legal-news aggregator for May 31, 2011

Thomson Reuters News & Insight

OMB reins in NLRB slap at GOP: The White House quashed an attempt by National Labor Relations Board officials

to respond to an attack by Congressional Republicans, who have harshly criticized the Board for suing Boeing over

alleged retaliation against ...

Thomson Reuters

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W ednesday, June 01, 2011 3:59 PM

Ahearn, Richard L.

Google Alert - National labor relations board

3 new results for National labor relations board

News

'Truth has little role to play' in attacks on NLRB

The Hill (blog)

But according to conservative critics of the National Labor Relations Board (NLRB), Obama, like Nixon before him, has an

“enemies list” and South Carolina and Boeing are on it (somewhere below Osama Bin Laden, presumably – and look what happened

to him ...

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Union Enthusiasm for Obama Re-Election Fades, AFL-CIO's Chief Trumka Says

Bloomberg

(BA), the subject of an April 20 complaint by the National Labor Relations Board, Trumka said. “It's a strategy, it's not an

accident,” Trumka said. “It's a way for them to chill the NLRB.” Lawmakers have threatened to cut off the board's funds and ...

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No time to hesitate: developing a social media use policy for the workplace

Smart Business Network

The National Labor Relations Board (NLRB) has filed several complaints against companies for firing employees

based on their Facebook postings. These postings, according to the NLRB, were protected activity and the companies'

policies prohibiting the ...

Smart Business

Network

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Thursday, June 02, 2011 3:45 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Boeing gets GOP backing for union bashing

The Guardian

But according to conservative critics of the National Labour Relations Board (NLRB), Obama, like Nixon before him, has an

"enemies list" and South Carolina and Boeing are on it. Echoing the allegations of several rightwing pundits, Republican Senator ...

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Monday, June 06, 2011 7:25 PM

Ahearn, Richard L.

Google Alert - National labor relations board

3 new results for National labor relations board

News

Jim DeMint wants labor board's Boeing documents

MiamiHerald.com

DeMint, a South Carolina Republican, for the first time raised the possibility that the National Labor Relations Board's complaint

against Boeing was a payoff for $1.9 million in political contributions to Democratic candidates in 2009 and 2010 by the ...

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NLRB wraps up initial investigation of NFL-NFLPA case

NFL News

By Albert Breer NFL Network By Albert Breer NFL Network The National Labor Relations Board's regional office has forwarded

its initial findings of the NFL's unfair labor practices charge against the NFL Players Association to the Division of Advice in ...

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NLRB regional office forwards report to DC

Forbes

AP , 06.06.11, 03:15 PM EDT WASHINGTON -- The National Labor Relations Board's regional office has forwarded its

investigation of a complaint levied by NFL owners against the players to a national board in Washington for review. ...

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Tuesday, June 07, 2011 3:34 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Digest

STLtoday.com

DeMint for the first time questioned whether the National Labor Relations Board's complaint against Boeing was a payoff for $1.9

million in political contributions to Democratic candidates in 2009 and 2010 by the union that represents Boeing workers. ...

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Tuesday, June 07, 2011 8:57 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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News

DeMint Seeks Answers on NLRB's Boeing Complaint

Heritage.org (blog)

C.) wants the National Labor Relations Board to turn over all documents related to its recent complaint against The Boeing Co. The

NLRB, already facing a backlash for its meddling in a private company's business decision, is now under fire for the ...

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Construction Unions Challenge Two New Idaho Labor Laws

Courthouse News Service

The unions say: "The National Labor Relations Board ('NLRB') has repeatedly held that a job targeting program is protected

concerted activity under Section 7 of the NLRA, because the objective of such programs is 'to protect employees' jobs and wage ...

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Tuesday, June 07, 2011 12:52 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

CBS Evening News Reporting On Boeing-Labor Board Controversy

KIRO Seattle

The National Labor Relations Board claims Boeing "transferred" union work from Puget Sound to South Carolina; that it sought to

"punish" union employees; that "unlawful" actions by Boeing prompted the board to file a complaint accusing Boeing of ...

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Tuesday, June 07, 2011 1:44 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

DeMint issues FOIA request for NLRB, Boeing documentation

Charleston Regional Business

Jim DeMint has requested documentation from the National Labor Relations Board dating back to President Barack Obama's

inauguration in an effort to determine how the board decided to file a complaint against the Boeing Co. DeMint, a South Carolina ...

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NLRB-FOIA-00001332

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American Constitution Society [c21@acslaw.org]

Tuesday, June 07, 2011 4:48 PM

Ahearn, Richard L.

ACS Spotlight on Federal Labor Law and W orkers’ Rights

ACS Issue Spotlight

National Labor Law’s Effectiveness, and State

Attacks on Workers’ Rights

With lawmakers and conservative activists attacking the National Labor Relations Board’s

efforts to enforce federal law to protect workers’ rights, and state lawmakers, such as those in

Wisconsin and Ohio, taking action to gut collective bargaining of public workers, the American

Constitution Society is releasing two Issue Briefs spotlighting these recent concerns regarding

the rights of workers.

Penn State Dickinson School of Law Professor Ellen Dannin examines in her Issue Brief recent

efforts by the National Labor Relations Board (NLRB) to ensure the effectiveness of the National

Labor Relations Act (NLRA). Dannin writes:

The GC’s new initiatives represent a step in the right direction, but much more needs to

be done if the NLRA is to live up to congressional intent at the time of the Act’s passage.

At a moment when the NLRB is being inaccurately criticized for being overly expansive

in its decision to issue a complaint against Boeing, I argue that the problem is not that

the NLRA is being interpreted too expansively, but rather the opposite—for too long, the

Act has been interpreted in a manner that robs it of the flexibility and robust array of

remedies intended by those who passed this landmark legislation.

Dannin’s Issue Brief, “No Rights Without a Remedy: The Long Struggle for Effective National

Labor Relations Act Remedies,” is available here.

University of Toledo College of Law Professor Joseph E. Slater explores in his Issue Brief the

history of public sector labor laws and some of the current attempts by state lawmakers to

1

NLRB-FOIA-00001333

undercut those laws. Slater writes:

[P]ublic sector labor law as it has existed for decades has worked well. State deficits are not

caused by public sector bargaining rights . . . . The radical and reactionary amendments to public

sector statutes some states have adopted will thus not help budgets, but they will hurt working

people and public services. And of course, when public workers are harmed, the general public

is harmed . . . . The attacks on collective bargaining are best understood as partisan politics, and

that is no justification for removing a longstanding, important right for working men and

women.

Slater’s Issue Brief, “The Assault on Public Sector Collective Bargaining: Real Harms and

Imaginary Benefits,” is available here.

In addition, at the ACS 2011 National Convention, a group of experts will examine challenges to

workers' rights on a June 17 panel called “Privatization, the American Worker, and the Role of

Government.” See the ACS 2011 Convention Web page for information about that panel, as well

the entire schedule of events.

Unsubscribe

This email was sent to richard.ahearn@nlrb.gov from c21@acslaw.org

American Constitution Society | 1333 H St, NW | Washington, DC 20005

2

NLRB-FOIA-00001334

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Tuesday, June 07, 2011 8:58 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Tug-of-war over Dreamliner jobs

CBS News

By Jim Axelrod A complaint filed by the National Labor Relations Board may shut down Boeing's brand new assembly plant in

North Charleston, SC As Jim Axelrod reports, Boeing is allegedly trying to harm the union that builds its largest plane. ...

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The Pretense of Obama's 'Other' Labor Board's Investigation of Delta

RedState

Like her controversial counterpart at the National Labor Relations Board, Acting General Counsel Lafe Solomon, the

NMB's General Counsel serves as the agency's prosecutor. Once If the General Counsel finds that Delta interfered with

RedState

any of the ...

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W ednesday, June 08, 2011 1:03 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Report: CBS Evening News looks at Boeing-NLRB dispute

Charleston Post Courier

The National Labor Relations Board alleges that Boeing “transferred” work from the Seattle area to South Carolina as a way to

retaliate against union employees in Washington state for past strikes. KIROTV.com said reporter Jim Axelrod traveled to ...

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W ednesday, June 08, 2011 11:37 AM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

APNewsBreak: Congress to hold Boeing hearing in SC

The Associated Press

In April, the National Labor Relations Board sued Boeing, claiming the manufacturer located its line in South Carolina — a right-

to-work state — to retaliate against Washington state union workers who went on strike in 2008. The NLRB wants that work ...

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Anti-union amendment surfaces as crossover deadline approaches

North Carolina News Network (blog)

Workers can also opt for a secret ballot in an election that would be overseen by the National Labor Relations Board. However, bill

supporters say the card check option creates a scenario where union leaders can intimidate workers to join. Rep. ...

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W ednesday, June 08, 2011 5:24 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

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GOP-led House panel to hold Boeing hearing in SC

Danbury News Times

The move by the hard-charging committee chairman, Republican Darrell Issa of California, represents the latest escalation of the fight

between the National Labor Relations Board, which now has a majority of Democratic appointees, and Boeing and GOP ...

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Feds rule against a second Catholic college

Beliefnet.com (blog)

In a May 26 decision, the Chicago office of the National Labor Relations Board (NLRB) ruled that Saint Xavier University has no

right to a religious exemption from board oversight because “it operates strictly as a secular educational institution. ...

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Thursday, June 09, 2011 4:44 AM

Ahearn, Richard L.

Google Alert - National labor relations board

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Business news in brief | Philadelphia Inquirer | 2011-06-09

Philadelphia Inquirer

escalates the fight between the National Labor Relations Board, which now has a majority of Democratic appointees, and Boeing

and GOP elected officials. The US House Committee on Oversight and Government said the hearing would be held in North ...

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US House panel to hold hearings on jobs at ICAR

Greenville News

Meanwhile, Gowdy, a former prosecutor from Spartanburg, said he's been brushing up on labor law to get ready for a different

congressional hearing in Charleston next month. Gowdy plans to grill National Labor Relations Board officials about their ...

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Thursday, June 09, 2011 6:58 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Boeing union hearing set in South Carolina

HeraldNet

By Michelle Dunlop, Herald Writer Members of Congress will travel to South Carolina later this month to hold a hearing on a federal

labor complaint against the Boeing Co. involving its factory there. The National Labor Relations Board claims Boeing ...

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E.6 Privacy

Thursday, June 09, 2011 8:59 AM

Ahearn, Richard L.

seattletimes.com: Attorney to be Gregoire's key adviser on wooing Boeing

This message was sent to you by

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http://www.seattletimes.com.

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Attorney to be Gregoire's key adviser on wooing Boeing

Gov. Chris Gregoire on Wednesday named Seattle attorney Tayloe Washburn as her senior adviser

for an effort to convince Boeing that the successor to its 737 airliner should be built in

Washington state.

http://seattletimes.nwsource.com/html/businesstechnology/2015268860_737gregoire08.html

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TO SUBSCRIBE TO THE SEATTLE TIMES PRINT EDITION

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Thursday, June 09, 2011 10:15 AM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Boeing's South Carolina move gets even more political

The Seattle Times

The title of the June 17 hearing — "Unionization Through Regulation: The NLRB's Holding Pattern on Free Enterprise" — was a

blunt reminder of the fierce Republican opposition to a recent National Labor Relations Board complaint challenging Boeing's ...

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Shine a light on the NLRB

Charleston Post Courier

Seven weeks ago, the National Labor Relations Board filed a complaint against Boeing, alleging that the company's 2009 decision

to put a 787 Dreamliner assembly facility in North Charleston violated federal law. On Monday, Sen. Jim DeMint, RS. ...

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Thursday, June 09, 2011 3:31 PM

Ahearn, Richard L.

Google Alert - National labor relations board

3 new results for National labor relations board

News

Got a giant rat outside? It's cool, NLRB says

Hr Morning

Turns out, there's not much you can do — unless the union's protest turns into a shouting match, disturbing customers and employees,

according to a recent ruling by the National Labor Relations Board (NLRB). The ruling expanded unions' rights to hold ...

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16 prosecutors: NLRB action against federal law

Austin American-Statesman

South Carolina Attorney General Alan Wilson said in a brief filed Thursday that the National Labor Relations Board's lawsuit

against Chicago-based Boeing threatens job creation during critical economic times. The NLRB claims Boeing located a new 787 ...

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Sterns: Sides 'very far apart' apart on NBA Labor deal

Black Hills Pioneer

The NBA players association filed an unfair labor charge against the league on Tuesday with the National Labor Relations Board a

move it hopes could block a lockout it feels owners want. AP Photo 1 Keep it Clean. Please avoid obscene, vulgar, lewd, ...

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Thursday, June 09, 2011 5:25 PM

Ahearn, Richard L.

Google Alert - National labor relations board

3 new results for National labor relations board

News

16 states side against labor board in Boeing case

HeraldNet

By Michelle Dunlop, Herald Writer Sixteen state attorneys general have filed a brief in the complaint against the Boeing Co., alleging

the federal labor board's actions could harm both union and non-union states. The National Labor Relations Board "has ...

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Liberal law group warns of Hill pressure in Boeing-labor fight

Washington Times

(Associated Press) The National Labor Relations Board should be “insulated” from the congressional Republicans

who are pressuring the agency to drop a case against aerospace giant Boeing, because it could “intimidate” the group

Washington Times

and “taint” the case, ...

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Union Workers Cry Foul Over New SC Boeing Plant

NPR

Nikki Haley and state House Speaker Bobby Harrell listen to Charleston Mayor Joseph Riley Jr. criticize a National Labor Relations

Board complaint against Boeing in North Charleston, SC, on April 21. US Sen. Lindsey Graham, RS.C., left, South Carolina ...

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Thursday, June 09, 2011 7:28 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

16 state AGs, most Republicans, weigh in on NLRB's action against Boeing SC plant

Washington Post

By AP, COLUMBIA, SC — Attorneys general from more than a dozen states on Thursday weighed in on a lawsuit filed by the

National Labor Relations Board, alleging that its complaint against Boeing Co. for building a South Carolina assembly plant after a

...

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Volume 8, Issue 6

Canada Views

This is necessary because, on April 20, the acting general counsel of the National Labor Relations Board moved to stop Boeing

from building airplanes at a nonunion plant in South Carolina, suggesting that a unionized American company cannot expand its ...

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Thursday, June 09, 2011 10:38 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

16 AGs weigh in on NLRB's suit against Boeing

Kansas City Star

By MEG KINNARD AP Attorneys general in 16 states weighed in Thursday on a federal lawsuit filed by the National Labor

Relations Board, alleging that its complaint against Boeing Co. for building a South Carolina assembly plant hurts states' abilities ...

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Fired Workers Get Jobs Back

NBC Connecticut

In a decision released Thursday, the National Labor Relations Board says Bridget Karchere and Maureen Lord were wrongly fired

and discriminated against for their efforts to organize a union. Both will be awarded back pay and must be reinstated to their ...

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Friday, June 10, 2011 1:16 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Boeing Rejects Union on Plant

Wall Street Journal

By MELANIE TROTTMAN The union that spurred the government's labor-law complaint against Boeing Co. proposed a settlement

ahead of a National Labor Relations Board hearing next week, but the aircraft maker said the union's request "went well beyond

what ...

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Friday, June 10, 2011 4:31 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

SD backs Texas in labor lawsuit

Sioux Falls Argus Leader

South Dakota has filed a friend of the court brief in support of a Texas lawsuit against the National Labor Relations Board, Attorney

General Marty Jackley announced Thursday. The NLRB has attempted to prevent Boeing from opening a plant in South ...

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Friday, June 10, 2011 7:37 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Dems defend NLRB against GOP pushback on Boeing suit

The Hill

By Kevin Bogardus - 06/10/11 06:00 AM ET Democrats and liberal groups are fighting back against criticism of the National Labor

Relations Board (NLRB) as they grow worried that the attacks could diminish the labor board's authority. The NLRB has seen ...

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Friday, June 10, 2011 1:11 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Boeing Cuts Ribbon on $750 Million South Carolina Plant

Fox News

Nikki Haley and state officials have joined hundreds of Boeing workers in North Charleston to cut the ribbon opening the company's

787 jetliner assembly plant at the center of a National Labor Relations Board dispute. Haley on Friday called Boeing a ...

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Isakson quietly goes about his senatorial business

MiamiHerald.com

For example, Isakson is co-sponsoring legislation to prohibit the National Labor Relations Board from telling private companies

where they may do business. The measure is a response to the Obama administration's attempt to block Boeing from building a ...

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Friday, June 10, 2011 3:57 PM

Ahearn, Richard L.

Google Alert - National labor relations board

3 new results for National labor relations board

News

Boeing cuts ribbon on $750 million SC plant

The Seattle Times

The $750 million South Carolina plant where Boeing will assemble 787 jetliners was dedicated Friday with little mention of a

National Labor Relations Board complaint challenging construction of the largest single industrial investment in state history. ...

See all stories on this topic »

National Labor Relations Board sets Sept. trial in case involving Sodexo at ...

The Republic

12 trial date in a case involving allegations that food services giant Sodexo Inc. violated federal labor law at Tulane and Loyola

universities in New Orleans. A public information officer at the National Labor Relations Board office in New Orleans ...

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16 States Oppose NLRB Suit Against Boeing

WTMA

(CHARLESTON, SC) -- On Thursday, Texas Attorney General Greg Abbott and South Carolina Attorney General Alan Wilson filed

a brief on behalf of 16 states opposing the proposal by the National Labor Relations Board (NLRB) which would punish employers

for ...

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NLRB-FOIA-00001351

Microsoft Outlook

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Friday, June 10, 2011 6:51 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Settlement talks in Boeing's NLRB case go nowhere

The Seattle Times

Early settlement talks between Boeing and its Machinist union over the National Labor Relations Board (NLRB) case against the

company have drawn a blank ahead of the first hearing in the case Tuesday. By Dominic Gates No comments have been posted to ...

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NLRB-FOIA-00001352

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Friday, June 10, 2011 7:56 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Top NLRB Lawyer to Testify at House Hearing on Boeing

Wall Street Journal (blog)

By Melanie Trottman The National Labor Relations Board's acting general counsel will testify under duress at a congressional

hearing in South Carolina where he is expected to face a barrage of questions from Republicans on the complaint his agency ...

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South Dakota Joins Amicus Brief Challenging NLRB Action

Dakota Voice

By Guest Author on June 10th, 2011 PIERRE, SD – Attorney General Marty J. Jackley announces that South Dakota has joined a

multi-state amicus brief filed by Texas challenging the National Labor Relations Board (NLRB) General Counsel's action dealing ...

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NLRB-FOIA-00001353

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Saturday, June 11, 2011 1:23 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Graham to play political hardball over NLRB lawsuit

Charleston Post Courier

Lindsey Graham, at Friday's dedication of Boeing's Dreamliner assembly plant in North Charleston, denounced a National Labor

Relations Board lawsuit against the company as "politically motivated," and said he plans to hold up the nomination of the US ...

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NLRB-FOIA-00001354

Microsoft Outlook

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Saturday, June 11, 2011 7:48 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Boeing labor complaint divides lawyers, lawmakers

Greenville News

Republican lawmakers face accusations that they are overstepping their authority in pressuring the National Labor Relations Board

to drop a complaint against Boeing, but those who question the labor board's actions say the political wrangling is merely ...

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NLRB-FOIA-00001355

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Saturday, June 11, 2011 9:16 AM

Ahearn, Richard L.

seattletimes.com: Settlement talks in Boeing's NLRB case go nowhere

This message was sent to you by

as a service of The Seattle Times

E.6 Privacy

http://www.seattletimes.com.

----------------------------------------------------------------------

Settlement talks in Boeing's NLRB case go nowhere

Early settlement talks between Boeing and its Machinist union over the National Labor

Relations Board (NLRB) case against the company have drawn a blank ahead of the first hearing

in the case Tuesday.

http://seattletimes.nwsource.com/html/businesstechnology/2015287919_boeing11.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

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1

NLRB-FOIA-00001356

Microsoft Outlook

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Saturday, June 11, 2011 11:20 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Pawlenty: NLRB's Boeing case evokes Soviet Union

The Hill (blog)

By Ben Geman - 06/11/11 10:55 AM ET GOP White House contender Tim Pawlenty is ramping up his attacks on the National Labor

Relations Board for its complaint against Boeing over the company's decision to open a non-union airline production plant in ...

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NLRB-FOIA-00001357

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Saturday, June 11, 2011 9:58 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

NLRB's Boeing complaint could become 2012 presidential election issue

Hilton Head Island Packet

When an administrative law judge takes up the National Labor Relations Board's case against Boeing in Seattle on Tuesday, he will

incite Republicans who accuse President Barack Obama of thwarting job growth to appease union cronies and advance his ...

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NLRB-FOIA-00001358

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Sunday, June 12, 2011 8:58 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Boeing and NLRB'S self-created debacle

TheNewsTribune.com

The National Labor Relations Board stumbles into Seattle this week for a hearing that will go a long way toward determining the

future of ... the NLRB. The National Labor Relations Board stumbles into Seattle this week for a hearing that will go a long ...

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NLRB-FOIA-00001359

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Sunday, June 12, 2011 4:24 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

SC Attorney General says Labor Board is Punishing Businesses

Fox News (blog)

That's what Republican South Carolina Attorney General Alan Wilson says will happen if the National Labor Relations Board wins

its fight to force Boeing to build a new plant in Washington state instead of the Palmetto state. ...

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NLRB-FOIA-00001360

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Sunday, June 12, 2011 6:23 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Attorneys General from 16 States Take Boeing's Side in NLRB Case

Corporate Counsel

The Boeing Company's fleet of supporters grew this week as the global airplane manufacturer prepares to face off with the National

Labor Relations Board on June 14. The attorneys general from South Carolina and Texas co-authored an amicus brief on ...

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NLRB-FOIA-00001361

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Monday, June 13, 2011 3:04 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Boeing official hints of job security for Puget Sound area workers

The Seattle Times

That anxiety will be aired starting Tuesday when an administrative law judge in Seattle begins hearing a National Labor Relations

Board (NLRB) complaint that Boeing put its second 787 final-assembly line in South Carolina instead of Washington state to ...

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NLRB-FOIA-00001362

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Monday, June 13, 2011 5:40 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Commentary: Boeing gets corporate welfare in S.C.

Kansas City Star

They wrote passionately about the silly labor dispute over Boeing's decision to build a new plant in North Charleston to the dismay of

the unions in its home base of Washington. The National Labor Relations Board has put in a complaint about the move, ...

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NLRB-FOIA-00001363

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Monday, June 13, 2011 9:31 AM

Ahearn, Richard L.

Google Alert - National labor relations board

3 new results for National labor relations board

News

Did Boeing retaliate against the Machinists union? NLRB hearing begins Tuesday

KPLU News for Seattle and the Northwest

By Bellamy Pailthorp Will the NLRB make labor history when it rules on testimony that begins in Seattle this week? Last week,

Boeing opened a new plant in South Carolina, where it's putting the second assembly line for the 787 Dreamliner. ...

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Boeing Case Shows Gov't Is Labor's Last Friend

TheStreet.com

Instead, its greatest victories come in the form of government board rulings, including one that Boeing(BA), a Dow

component and one of America's most prominent companies, is now battling. In an April 20 ruling, the National

Labor Relations Board found ...

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TheStreet.com

JACKSON HOSPITAL CORPORATION v. NATIONAL LABOR RELATIONS BOARD

Leagle.com

Petitioner Jackson Hospital Corporation (Hospital) seeks review of an adverse decision of the National Labor Relations Board

(NLRB or Board). An administrative law judge (ALJ) found the Hospital violated section 8(a)(3) and (1) of the National Labor ...

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NLRB-FOIA-00001364

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Finch, Peter G.

Monday, June 13, 2011 10:47 AM

Ahearn, Richard L.

seattletimes.com: Boeing official hints of job security for Puget Sound area workers

From:

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This message was sent to you by peter.finch@nlrb.gov, as a service of The Seattle Times

http://www.seattletimes.com.

----------------------------------------------------------------------

Boeing official hints of job security for Puget Sound area workers

Jim Albaugh predicts rapid growth and says the company will outsource less work in the

future. But he says no decision has been made about where to build the successor to the 737

jetliner.

http://seattletimes.nwsource.com/html/businesstechnology/2015304541_albaugh13.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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======================================================================

Copyright (c) 2009 The Seattle Times Company

www.seattletimes.com

1

NLRB-FOIA-00001365

Microsoft Outlook

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Monday, June 13, 2011 3:49 PM

Ahearn, Richard L.

Google Alert - National labor relations board

4 new results for National labor relations board

News

NLRB lawyer to testify -- under protest -- on Boeing complaint

The Seattle Times

WASHINGTON -- After initally rebuffing a House committee's demand for testimony on his decision to charge Boeing with an

unfair-labor practice complaint, the top lawyer with the National Labor Relations Board (NLRB) has reluctantly agreed to appear at

...

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Judge considers union lawsuit against SC governor

The Seattle Times

Meanwhile, a National Labor Relations Board complaint against Boeing goes to court Tuesday in Seattle. The federal agency sued

in April, claiming that Boeing located a new assembly line in North Charleston to retaliate against Washington state union ...

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Dick Meister: The battle of our generation

San Francisco Bay Guardian

King says the National Labor Relations Board – the NLRB – which is charged with enforcing the NLRA, does not do that – "does

not protect workers' right to organize." Workers' lack of adequate legal protection is not a new development, as King notes. ...

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Alexander: Obama administration attacking right-to-work laws

Daily Caller

(Photo by Chip Somodevilla/Getty Images) Senate Republicans say the Obama administration is intent on undermining the right-to-

work laws that are in force in 22 states, as evidenced by a recent National Labor Relations Board (NLRB) complaint against ...

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NLRB-FOIA-00001366

Microsoft Outlook

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Monday, June 13, 2011 6:24 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Quickie Elections: Rigging the Rules to Favor Big Labor

National Review Online

With NLRB chairman Wilma Liebman's term ending in ten weeks, we may well see something issued soon. Imagine a political

election in which only one party were given the opportunity to tell voters its side of the story, and could set an election date ...

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Boeing-NLRB hearing scheduled to start Tuesday

Seattle Post Intelligencer (blog)

A hearing is scheduled to start Tuesday on the National Labor Relations Board complaint that Boeing illegally put its second 787

Dreamliner final assembly line in South Carolina in retaliation for past strikes in the Puget Sound area. ...

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NLRB-FOIA-00001367

Microsoft Outlook

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Monday, June 13, 2011 8:02 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Obama's Commerce Pick Hits Another GOP Road Block

Fox News (blog)

The National Labor Relations Board looked into the complaint and later accused Boeing of violating workers' rights. It's a legal

dispute that could last years and make it all the way to the Supreme Court, but Graham feels the president could step in ...

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NLRB-FOIA-00001368

Microsoft Outlook

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Monday, June 13, 2011 9:46 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Boeing Labor Battle Is Poised to Go Before Judge

New York Times

By STEVEN GREENHOUSE Barring a last-minute settlement, lawyers for the National Labor Relations Board will

New York Times

begin arguing before a Seattle judge on Tuesday that Boeing broke the law by building a new, nonunion production line

in South Carolina instead ...

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CNN debate: Gingrich mentions Boeing, says defund labor board

Seattle Post Intelligencer (blog)

Former House Speaker Newt Gingrich said the National Labor Relations Board should lose its funding because of it filed a

complaint against Boeing, saying the company illegally put its second 787 Dreamliner final assembly line in South Carolina in ...

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NLRB-FOIA-00001369

Microsoft Outlook

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Tuesday, June 14, 2011 1:32 AM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Is the NLRB even-handed?

Fort Dodge Messenger

We wonder how the National Labor Relations Board would react if a company involved in a dispute with a labor union erected a

16-foot-tall inflatable rat outside the union's headquarters. We suspect the firm would be penalized swiftly for engaging in an ...

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Haley decries 'dysfunctional' federal government in national TV appearance

The State

He's actually got the National Labor Relations Board suing a great American company for creating jobs in South Carolina. Or when

it comes to illegal immigration, he's stopping my labor director from allowing her to enforce the laws that are in place. ...

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NLRB-FOIA-00001370

Microsoft Outlook

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Tuesday, June 14, 2011 4:53 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Labor Agency Challenges Boeing Factory Location

NPR

by Wendy Kaufman Boeing's new plant in North Charleston, SC, that's at the center of a National Labor Relations Board dispute.

Boeing's new plant in North Charleston, SC, that's at the center of a National Labor Relations Board dispute. ...

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NLRB-FOIA-00001371

Microsoft Outlook

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Tuesday, June 14, 2011 9:37 AM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Republicans Use Bully Tactics to Block Law Enforcement in Boeing Case

In These Times

But that's what Republican members of Congress have essentially been doing for the past two months, as they tried to

intimidate National Labor Relations Board (NLRB) general counsel Lafe Solomon, the chief attorney for the

independent agency primarily ...

In These Times

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Wingnut debt ceiling demands

CNN

Then again, so do the following demands: Stiff the NLRB: The mostly staff-free GOP presidential candidate Newt Gingrich said

recently he thinks lawmakers should insist in the debt ceiling talks that funding be cut for the National Labor Relations Board ...

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NLRB-FOIA-00001372

Microsoft Outlook

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Tuesday, June 14, 2011 11:40 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

SC Gov., NLRB counsel to testify at Boeing hearing

The Seattle Times

A congressional committee investigating a National Labor Relations Board complaint against Boeing Co. will hear from South

Carolina Gov. Nikki Haley and the chief attorney for the labor board during a hearing this week. By BRUCE SMITH Associated Press

...

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NLRB-FOIA-00001373

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Tuesday, June 14, 2011 12:33 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Boeing, labor board locking horns over 787 plant

Reuters

The world's largest aerospace and defense company is accused by the National Labor Relations Board, an independent government

agency, of putting the second 787 line in South Carolina to punish Washington-based workers for past strikes. ...

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NLRB-FOIA-00001374

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Tuesday, June 14, 2011 3:28 PM

Ahearn, Richard L.

Google Alert - National labor relations board

3 new results for National labor relations board

News

Hearing begins in labor complaint against Boeing

Boston Globe

By Phuong Le AP / June 14, 2011 SEATTLE—Boeing on Tuesday asked a Seattle judge to dismiss a case brought by the National

Labor Relations Board that accuses the plane maker of breaking the law when it built a non-union production line in South ...

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CWA Wins Settlement in Dispute about T-Mobile's Social Networking Policy

Firedoglake

Last week, the National Labor Relations Board settled CWA's charge against T-Mobile, before the case went to trial. As part of the

settlement, T-Mobile is now required to inform all of its employees that they will revise their Social Networking Policy ...

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The New Danger of Limiting Employees' Speech on Social Media Sites

Corporate Counsel

I recently received a call from a client, a director of human resources for a hospital, who expressed deep concern, if not outright panic,

over what he understood to be a sweeping new ban imposed by the National Labor Relations Board (NLRB) against ...

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NLRB-FOIA-00001375

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Tuesday, June 14, 2011 5:08 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Judge urges settlement of NLRB complaint against Boeing

Seattle Post Intelligencer

By AUBREY COHEN, seattlepi.com A National Labor Relations Board complaint that Boeing illegally put its second 787

Dreamliner final assembly line in South Carolina in retaliation for past strikes in Washington will take years to work its way through

...

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NLRB-FOIA-00001376

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Tuesday, June 14, 2011 8:27 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Boeing, NLRB Clash Over Non-Union Plant

Wall Street Journal

By MELANIE TROTTMAN SEATTLE—Lawyers for Boeing Co. and the National Labor Relations Board clashed Tuesday at a

hearing on the board's allegations that the aircraft maker illegally shifted work from union plants in Washington state to a new non-

union ...

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Obama Campaign Sends Around Misleading DNC Video on GOP Debate

ABC News (blog)

Tim Pawlenty's talk of a goal of 5% GDP growth, the individual mandate in the health care bill, the Independent Medicare Advisory

Board, welfare reform, the Tea Party, currency policy, the National Labor Relations Board, Boeing, TARP, the auto bailout, ...

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NLRB-FOIA-00001377

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W ednesday, June 15, 2011 11:50 AM

Ahearn, Richard L.

Google Alert - National labor relations board

4 new results for National labor relations board

News

Did Boeing move 1000 jobs to get back at union?

CBS News

Boeing insists it has the right to do it, but the National Labor Relations Board calls it illegal. And at least 1000 jobs depend on the

outcome. "Early Show" co-anchor Chris Wragge shared the story of 55 year-old Lee Gaylor. Gaynor never thought she'd ...

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SEIU Infiltrates Republican Politics

The New American

In April 2010, the National Labor Relations Board regional office in Winston-Salem, North Carolina issued a federal complaint

against a local SEIU chapter for maintaining an “annual objection” policy designed to force nursing home workers into full ...

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Sen. Harkin Likens NLRB To Supreme Court

RealClearPolitics

"My friend Jim DeMint says [the NLRB (National Labor Relations Board) members are] unelected bureaucrats.

Well, that's like saying all our Supreme Court judges or district court judges or circuit court judges are unelected. Of

course they are. ...

RealClearPolitics

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Anti-union Southern companies tolerate -- and undermine -- labor abroad

Facing South

In a move later deemed illegal by the National Labor Relations Board, the company either fired or transferred the pro-union workers

and vowed to sell only pre-cut meat in the future. When Wal-Mart workers in Jonquiere, Quebec, voted to join the UFCW in ...

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NLRB-FOIA-00001378

Microsoft Outlook

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W ednesday, June 15, 2011 1:45 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Here's the Real Deal Behind the NLRB and Boeing

AFL-CIO (blog)

Josh Goldstein in the AFL-CIO Media Outreach describes the real issues involved in the National Labor Relations Board ruling that

Boeing engaged in worker retaliation when it opened a plant in South Carolina. Here's a scary thought: an independent ...

See all stories on this topic »

Target union vote a test for industry

Minneapolis Star Tribune

"It is very, very significant that they got the requisite number of people to sign union cards [forcing an election]," said Georgetown

labor relations Prof. Douglas McCabe. The National Labor Relations Board (NLRB) requires that 30 percent of affected ...

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NLRB-FOIA-00001379

Microsoft Outlook

From:

Sent:

To:

Subject:

Google Alerts [googlealerts-noreply@google.com]

W ednesday, June 15, 2011 3:27 PM

Ahearn, Richard L.

Google Alert - National labor relations board

2 new results for National labor relations board

News

Boeing vs. NLRB: Who Will Win?

Fox News

SHANNON BREAM, ANCHOR: And of course that complaint coming from the National Labor Relations Board when Boeing

decided to set up shop in South Carolina, which is a right to work state. Alright, we asked you before the break, who's gonna win this

...

See all stories on this topic »

How the GOP's war on workers' rights undermines the economy

Salon

Republicans in Congress are taking aim at the National Labor Relations Board, which issued a relatively minor

proposed rule change allowing workers to vote on whether to unionize soon after a union has been proposed, rather

Salon

than allowing employers to ...

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1

NLRB-FOIA-00001380

Microsoft Outlook

From:

Sent:

To:

Subject:

Google Alerts [googlealerts-noreply@google.com]

W ednesday, June 15, 2011 8:10 PM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Seattle hearing begins in labor complaint against Boeing

TheNewsTribune.com

The Boeing Co. on Tuesday asked a judge in Seattle to dismiss a case brought by the National Labor Relations Board that accuses

the plane maker of breaking the law when it built a nonunion production line in South Carolina. PHUONG LE; The Associated ...

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1

NLRB-FOIA-00001381

Microsoft Outlook

From:

Sent:

To:

Subject:

Google Alerts [googlealerts-noreply@google.com]

Thursday, June 16, 2011 2:11 AM

Ahearn, Richard L.

Google Alert - National labor relations board

1 new result for National labor relations board

News

Unfair Labor Practices

Reason Online

In April the National Labor Relations Board (NLRB), the federal body tasked with enforcing the 1935 law and its amendments,

charged the airline manufacturer Boeing with illegal actions “inherently destructive of the rights guaranteed employees” after ...

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1

NLRB-FOIA-00001382

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Ahearn, Richard L.

W ednesday, May 11, 2011 4:03 PM

'David Campbell'

Anzalone, Mara-Louise; 'Peter Finch'

RE: FYI Reid Press Release

I understand Peter was going to speak with you at 2; do you need me and Mara also?

R

From: David Campbell [mailto:campbell@workerlaw.com]

Sent: Wednesday, May 11, 2011 12:58 PM

To: Ahearn, Richard L.

Subject: RE: FYI Reid Press Release

Are you and your folks available to talk in the next hour or so?

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.

From: Ahearn, Richard L. [mailto:Richard.Ahearn@nlrb.gov]

Sent: Wednesday, May 11, 2011 8:18 AM

To: David Campbell

Subject: RE: FYI Reid Press Release

Can’t open.

From: David Campbell [mailto:campbell@workerlaw.com]

Sent: Wednesday, May 11, 2011 7:54 AM

To: Ahearn, Richard L.

Subject: FYI Reid Press Release

http://democrats.senate.gov/newsroom/record.cfm?id=332789&

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.

1

NLRB-FOIA-00001383

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Ahearn, Richard L.

W ednesday, May 11, 2011 4:20 PM

'David Campbell'

Finch, Peter G.; Anzalone, Mara-Louise

RE: FYI Reid Press Release

No clarity but Peter can supply details.

R

From: David Campbell [mailto:campbell@workerlaw.com]

Sent: Wednesday, May 11, 2011 1:01 PM

To: Ahearn, Richard L.

Subject: RE: FYI Reid Press Release

Not essential but I was wondering if you had heard anything from Boeing on the hearing date.

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.

From: Ahearn, Richard L. [mailto:Richard.Ahearn@nlrb.gov]

Sent: Wednesday, May 11, 2011 1:03 PM

To: David Campbell

Cc: Anzalone, Mara-Louise; 'Peter Finch'

Subject: RE: FYI Reid Press Release

I understand Peter was going to speak with you at 2; do you need me and Mara also?

R

From: David Campbell [mailto:campbell@workerlaw.com]

Sent: Wednesday, May 11, 2011 12:58 PM

To: Ahearn, Richard L.

Subject: RE: FYI Reid Press Release

Are you and your folks available to talk in the next hour or so?

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

1

NLRB-FOIA-00001384

This communication is protected by the attorney client and attorney work-product privileges. Please do not copy, forward

or append.

From: Ahearn, Richard L. [mailto:Richard.Ahearn@nlrb.gov]

Sent: Wednesday, May 11, 2011 8:18 AM

To: David Campbell

Subject: RE: FYI Reid Press Release

Can’t open.

From: David Campbell [mailto:campbell@workerlaw.com]

Sent: Wednesday, May 11, 2011 7:54 AM

To: Ahearn, Richard L.

Subject: FYI Reid Press Release

http://democrats.senate.gov/newsroom/record.cfm?id=332789&

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.

2

NLRB-FOIA-00001385

Microsoft Outlook

From:

Sent:

To:

Subject:

Sweeney, Brian

Monday, June 06, 2011 4:07 PM

ML-R19-Everyone (R)

Bloomberg Article Mentioning NLRB & Boeing Case

What Paul Krugman Misses About 1937 Redux: Echoes

By Amity Shlaes

Jun 6, 2011 9:18 AM PT

0 Comments

What it if it just keeps going? That’s the question Americans are asking as they consider last month's 9.1 percent unemployment rate,

still so high 33 months after the crash of September 2008. Scholars of economic history are asking another question: Are we repeating

1937?

That year, when Americans were expecting their economy to finally pull out of the Great Depression, the stock market dove again, with

the Dow Jones Industrial Average dropping from the 190s in March 1937 to less than 100 in March 1938. Nonfarm private

unemployment, the measure of Roosevelt's industrial economy, increased to more than 18 percent. Industrial production plunged by a

third.

The problem then was monetary, some economists now say. Paul Krugman, in his New York Times column on June 2, argued that

monetary and fiscal tightening caused the 1937 downturn, and might be squeezing the breath out of the economy now, precluding job

creation. Krugman cites Gauti B. Eggertsson of the New York Federal Reserve Bank, who recently published blog posts and papers

noting that the later 1930s, as now, saw higher commodity prices. Officials considered these rising prices a signal of inflation, and

pressed for tightening. They erred.

This version of history holds, to some extent.

Or: Up to a point, Lord Krugman. After spending heavily during the 1936 election, President Franklin D. Roosevelt was now feeling

more like a thrifty "Dutch householder," as the journalist Anne O'Hare McCormick wrote, and his administration cut executive-branch

employees. His Treasury secretary, Henry Morgenthau, claimed that the government had "licked the Great Depression." Tax increases,

themselves a form of fiscal tightening, were passed into law. In January 1937, Americans began to make their first payments into Social

Security, taking away cash that workers might have spent on food, housing, clothing, liquor or cigarettes.

On the monetary side, the Fed doubled reserve requirements on banks, seeking to make them less vulnerable to failure. What the

Federal Reserve didn't anticipate was that this would make the banks nervous, leading them to amass yet more reserves and taking

money out of circulation. The Fed and the Treasury also fiddled with the gold-standard system for fear of inflation.

But two other factors are omitted from this narrative. The first is the price of labor. The Wagner Act, the great modern labor statute,

became law in 1935. It made possible the closed shop, under which only unionized workers were allowed into a unit. In 1937, after

Roosevelt was safely elected, labor leader John L. Lewis and his Congress of Industrial Organizations began using their new power to its
1

NLRB-FOIA-00001386

full extent. Labor's tour de force in this period is memorialized in the photos we still recognize today of sit-down strikes at the General

Motors Co. plant in Flint, Michigan. Strike days in 1937 totaled 28 million, up from 14 million during the election year.

Such labor stoppages, and the threat of more, led companies to raise wages more than they could afford to. Harold Cole of the

University of Pennsylvania and Lee Ohanian of the University of California, Los Angeles, have demonstrated that wages in the latter half

of the 1930s were well above trend for the entire century. Employers also hired less: Even as unionization increased, nonfarm

unemployment did as well.

The second under-discussed issue is what scholar Robert Higgs has called "regime uncertainty." Roosevelt's victory in 1936 had been so

convincing that people believed he might do anything. FDR reinforced this suspicion with an inaugural address so aggressive that

modern presidential advisers would never allow it on the teleprompter. Roosevelt told the nation he sought in government "an

instrument of unimagined power." That scared markets and small businesses.

Roosevelt relished hunting down big firms through regulatory action and blaming new sectors, such as utilities, for slowdowns -- on

some days. Other days, he invited business leaders into the Oval Office and talked about partnership and a "breathing spell."

This inconsistency itself posed a problem. The diary of an Ohio lawyer named Daniel Roth, which was recently republished, captures the

pervasive anxiety of the period. "We are having a bad steel strike in Youngstown and the mills have closed," Roth wrote on June 22,

1937. "The state and federal governments seem to support the labor unions and there has been a complete breakdown of law and order.

Business is very quiet."

From the U.K., John Maynard Keynes wrote to FDR that it was all right to nationalize utilities or to leave them alone -- but what,

Keynes asked, was "the object of chasing the utilities around the lot every other week?”"

In this respect, the 1938 midterm gains by Republicans were important because they signaled to Americans that there were limits to

Roosevelt's power. And Roosevelt's decision to turn his attention to Adolf Hitler and Josef Stalin, and away from the supposed excesses

of big business, contributed as much as anything else to the eventual recovery.

Addressing these last two areas in today's economy is not hard. To make employment less expensive, the government can undo the

health-care law, our modern version of the Wagner Act, so that employers needn't worry that hiring implies accepting costs they can't

control or even predict. Another boost to hiring would be a more reasonable National Labor Relations Board, not the current one, which

chases companies such as Boeing Co. around the equivalent of Keynes's lot trying to drive up wages. Another would be to cut taxes for

employers, big and small. Uncertainty would diminish if both parties publicly committed to a smaller and less intrusive government.

The problem isn't a single "Mistake of 1937" or "Mistake of 2011." It is the mistakes, multiple, of both periods.

(Amity Shlaes, a Bloomberg View columnist and a senior fellow in economic history at the Council on Foreign Relations, oversees the

Echoes blog. The opinions expressed are her own.)

2

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3

NLRB-FOIA-00001388

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Baniszewski, Joseph

Tuesday, October 05, 2010 4:13 PM

Ahearn, Richard L.

Levin, Nelson

Boeing Advice Agenda

Barry will agenda your Boeing case on Thursday,

Joe

1

NLRB-FOIA-00001389

Microsoft Outlook

From:

Sent:

To:

Subject:

Baniszewski, Joseph

Tuesday, October 05, 2010 4:25 PM

Ahearn, Richard L.

RE: Boeing Advice Agenda

Nope, I’ll ask around,

Joe

From: Ahearn, Richard L.

Sent: Tuesday, October 05, 2010 4:19 PM

To: Baniszewski, Joseph

Subject: RE: Boeing Advice Agenda

Any idea what is the recommendation?

R

From: Baniszewski, Joseph

Sent: Tuesday, October 05, 2010 1:13 PM

To: Ahearn, Richard L.

Cc: Levin, Nelson

Subject: Boeing Advice Agenda

Barry will agenda your Boeing case on Thursday,

Joe

1

NLRB-FOIA-00001390

Microsoft Outlook

From:

Sent:

To:

Subject:

Baniszewski, Joseph

Friday, February 18, 2011 9:32 AM

Moskowitz, Eric G.

IAM lawsuit against South Carolina

Eric,

As I mentioned yesterday, this is a link to the suit that the IAM filed against the Governor

of South Carolina.

I'll keep you informed, too, about the status of the unfair labor

practice charge against Boeing regarding the construction of the 787 assembly facility in

Charleston SC.

Joe

http://op.bna.com/dlrcases.nsf/id/czon-8dbths/$File/haley.pdf

1

NLRB-FOIA-00001391

Microsoft Outlook

Cleeland, Nancy

Tuesday, April 26, 2011 3:50 PM

Ahearn, Richard L.; Solomon, Lafe E.; Mattina, Celeste J.; Kearney, Barry J.; Farrell, Ellen

RE: From Congressman Adam Smith

From:

Sent:

To:

Subject:

Well that sure was cautious!

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Ahearn, Richard L.

Sent: Tuesday, April 26, 2011 3:46 PM

To: Solomon, Lafe E.; Mattina, Celeste J.; Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen

Subject: From Congressman Adam Smith

A Message from Congressman Adam Smith

April 22, 2011

Congressman Adam Smith (WA-09), Ranking Member of the House Armed Services

Committee, released the following statement after the National Labor Relations Board

issued a complaint against the Boeing Company alleging that it violated federal labor law

during the decision-making process to transfer a second production line to South Carolina:

“I steadfastly support the collective bargaining rights of U.S. workers and hope that the

complaint filed by the National Labor Relations Board (NLRB) against The Boeing Company

is fully considered under the law. We must be vigilant in maintaining a business environment

where workers can organize and negotiate without fear of intimidation or future retaliation.

“The Pacific Northwest is proud of Boeing and its role in the company’s long history of

innovation and excellence in aerospace manufacturing. The global market for airplanes is an

increasingly competitive arena where companies are forced to act in their best economic

interests to remain successful. I encourage Boeing to work within the framework of the law as

a global leader in aerospace manufacturing and technology. Boeing’s recent win of the $35

billion Air Force refueling tanker contract attests that the company and unions can be

incredibly successful when they work together.

“I look forward to a fair legal process and will be monitoring the upcoming June 14 NLRB

hearing.”

If you have questions or comments, please contact Matt Perry, Deputy District Director, at:

253-593-6603 or via email at: matt.perry@mail.house.gov

1

NLRB-FOIA-00001392

Microsoft Outlook

Cleeland, Nancy

Thursday, April 28, 2011 6:09 PM

Farrell, Ellen; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; W agner,

Anthony R.

RE: time to decide

From:

Sent:

To:

Subject:

Thank you all for your help – I think there’s a piece of everyone in this statement. I went ahead and used my best

judgment and sent this in my name. Hope it’s not a firing offense!

The complaint has nothing to do with state right-to-work laws, which are expressly permitted by the National Labor

Relations Act. Rather it alleges that Boeing decided to locate a particular line of work in a non-union facility to retaliate

against union employees who had engaged in legally-protected strike activity. The result would have been the same had

the line been moved to a non-union facility in any location. Furthermore, the complaint does not seek to close Boeing’s

South Carolina facility or to prohibit Boeing from making a non-discriminatory decision to do work in that state. Both

parties will have an opportunity to present evidence and arguments at a hearing scheduled before an NLRB administrative

law judge in June, which is the appropriate time to address the merits of the complaint.

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:05 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:01 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov
1

NLRB-FOIA-00001393

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 5:59 PM

To: Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Farrell, Ellen

Subject: time to decide

Importance: High

Exemption 5

The complaint has nothing to do with state right-to-work laws, which ban certain types of employer-union agreements and

are expressly permitted by the National Labor Relations Act. Rather it alleges that Boeing decided to locate a particular

line of work in a non-union facility to retaliate against union employees who had engaged in legally-protected strike

activity. The result would have been the same had the line been moved to a non-union facility in any location.

Furthermore, the complaint does not seek to close Boeing’s South Carolina facility or to prohibit Boeing from making a

non-discriminatory decision to do work in that state. Both parties will have an opportunity to present evidence and

arguments at a hearing scheduled before an NLRB administrative law judge in June, which is the appropriate time to

address the merits of the complaint.

Exemption 5

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00001394

Microsoft Outlook

Kearney, Barry J.

Thursday, April 28, 2011 6:10 PM

Cleeland, Nancy

Re: time to decide

From:

Sent:

To:

Subject:

If it is you can work for me

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Cleeland, Nancy

To: Farrell, Ellen; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Wagner, Anthony R.

Sent: Thu Apr 28 18:08:46 2011

Subject: RE: time to decide

Thank you all for your help – I think there’s a piece of everyone in this statement. I went ahead and used my best

judgment and sent this in my name. Hope it’s not a firing offense!

The complaint has nothing to do with state right-to-work laws, which are expressly permitted by the National Labor

Relations Act. Rather it alleges that Boeing decided to locate a particular line of work in a non-union facility to retaliate

against union employees who had engaged in legally-protected strike activity. The result would have been the same had

the line been moved to a non-union facility in any location. Furthermore, the complaint does not seek to close Boeing’s

South Carolina facility or to prohibit Boeing from making a non-discriminatory decision to do work in that state. Both

parties will have an opportunity to present evidence and arguments at a hearing scheduled before an NLRB administrative

law judge in June, which is the appropriate time to address the merits of the complaint.

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:05 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5 & 7(A)

Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:01 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

1

NLRB-FOIA-00001395

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 5:59 PM

To: Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Farrell, Ellen

Subject: time to decide

Importance: High

Exemption 5

The complaint has nothing to do with state right-to-work laws, which ban certain types of employer-union agreements and

are expressly permitted by the National Labor Relations Act. Rather it alleges that Boeing decided to locate a particular

line of work in a non-union facility to retaliate against union employees who had engaged in legally-protected strike

activity. The result would have been the same had the line been moved to a non-union facility in any location.

Furthermore, the complaint does not seek to close Boeing’s South Carolina facility or to prohibit Boeing from making a

non-discriminatory decision to do work in that state. Both parties will have an opportunity to present evidence and

arguments at a hearing scheduled before an NLRB administrative law judge in June, which is the appropriate time to

address the merits of the complaint.

Exemption 5

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00001396

Microsoft Outlook

From:

Sent:

To:

Subject:

Kearney, Barry J.

Thursday, April 28, 2011 6:20 PM

Cleeland, Nancy

Re: time to decide

Great job of herding cats

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Cleeland, Nancy

To: Farrell, Ellen; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Wagner, Anthony R.

Sent: Thu Apr 28 18:08:46 2011

Subject: RE: time to decide

Thank you all for your help – I think there’s a piece of everyone in this statement. I went ahead and used my best

judgment and sent this in my name. Hope it’s not a firing offense!

The complaint has nothing to do with state right-to-work laws, which are expressly permitted by the National Labor

Relations Act. Rather it alleges that Boeing decided to locate a particular line of work in a non-union facility to retaliate

against union employees who had engaged in legally-protected strike activity. The result would have been the same had

the line been moved to a non-union facility in any location. Furthermore, the complaint does not seek to close Boeing’s

South Carolina facility or to prohibit Boeing from making a non-discriminatory decision to do work in that state. Both

parties will have an opportunity to present evidence and arguments at a hearing scheduled before an NLRB administrative

law judge in June, which is the appropriate time to address the merits of the complaint.

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:05 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5

Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:01 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

1

NLRB-FOIA-00001397

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 5:59 PM

To: Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Farrell, Ellen

Subject: time to decide

Importance: High

Exemption 5

The complaint has nothing to do with state right-to-work laws, which ban certain types of employer-union agreements and

are expressly permitted by the National Labor Relations Act. Rather it alleges that Boeing decided to locate a particular

line of work in a non-union facility to retaliate against union employees who had engaged in legally-protected strike

activity. The result would have been the same had the line been moved to a non-union facility in any location.

Furthermore, the complaint does not seek to close Boeing’s South Carolina facility or to prohibit Boeing from making a

non-discriminatory decision to do work in that state. Both parties will have an opportunity to present evidence and

arguments at a hearing scheduled before an NLRB administrative law judge in June, which is the appropriate time to

address the merits of the complaint.

Exemption 5

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00001398

Microsoft Outlook

From:

Sent:

To:

Subject:

Cleeland, Nancy

Thursday, April 28, 2011 7:24 PM

Kearney, Barry J.

Re: time to decide

Thanks - much appreciated.

The reporter barely got it in.

From: Kearney, Barry J.

To: Cleeland, Nancy

Sent: Thu Apr 28 18:20:26 2011

Subject: Re: time to decide

Great job of herding cats

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Cleeland, Nancy

To: Farrell, Ellen; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Wagner, Anthony R.

Sent: Thu Apr 28 18:08:46 2011

Subject: RE: time to decide

Thank you all for your help – I think there’s a piece of everyone in this statement. I went ahead and used my best

judgment and sent this in my name. Hope it’s not a firing offense!

The complaint has nothing to do with state right-to-work laws, which are expressly permitted by the National Labor

Relations Act. Rather it alleges that Boeing decided to locate a particular line of work in a non-union facility to retaliate

against union employees who had engaged in legally-protected strike activity. The result would have been the same had

the line been moved to a non-union facility in any location. Furthermore, the complaint does not seek to close Boeing’s

South Carolina facility or to prohibit Boeing from making a non-discriminatory decision to do work in that state. Both

parties will have an opportunity to present evidence and arguments at a hearing scheduled before an NLRB administrative

law judge in June, which is the appropriate time to address the merits of the complaint.

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:05 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel
1

NLRB-FOIA-00001399

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:01 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 5:59 PM

To: Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Farrell, Ellen

Subject: time to decide

Importance: High

Exemption 5

The complaint has nothing to do with state right-to-work laws, which ban certain types of employer-union agreements and

are expressly permitted by the National Labor Relations Act. Rather it alleges that Boeing decided to locate a particular

line of work in a non-union facility to retaliate against union employees who had engaged in legally-protected strike

activity. The result would have been the same had the line been moved to a non-union facility in any location.

Furthermore, the complaint does not seek to close Boeing’s South Carolina facility or to prohibit Boeing from making a

non-discriminatory decision to do work in that state. Both parties will have an opportunity to present evidence and

arguments at a hearing scheduled before an NLRB administrative law judge in June, which is the appropriate time to

address the merits of the complaint.

Exemption 5

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00001400

Microsoft Outlook

Kearney, Barry J.

Friday, March 25, 2011 3:20 PM

Solomon, Lafe E.; Mattina, Celeste J.

Farrell, Ellen; Sophir, Jayme

FW : Judge Luttig call

From:

Sent:

To:

Cc:

Subject:

From: Kilberg P.C., William [mailto:WKilberg@gibsondunn.com]

Sent: Friday, March 25, 2011 3:18 PM

To: Kearney, Barry J.

Subject: Judge Luttig call

Barry:

The Judge's office just forwarded me some times when the Judge

should be available for a call:

Monday, noon to 1 PM EDT or 2:30 -

4:00 PM EDT; Tuesday, 10 AM to 1 PM EDT.

Best,

Bill

William J. Kilberg

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

1050 Connecticut Avenue, N.W., Washington, DC 20036-5306

Tel +1 202.955.8573 • Fax +1 202.530.9559

WKilberg@gibsondunn.com • www.gibsondunn.com

1

NLRB-FOIA-00001401

Microsoft Outlook

Farrell, Ellen

Tuesday, April 12, 2011 3:28 PM

Cleeland, Nancy

Solomon, Lafe E.; Kearney, Barry J.

RE: Boeing

ADV.19-CA-32431.Response2.Boeing.dlw.doc; ADV.19-CA-32431.factsheet.Boeing.dlw.doc

From:

Sent:

To:

Cc:

Subject:

Attachments:

Nancy

Attached are the memo, which issued yesterday, and the fact sheet.

Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Solomon, Lafe E.

Sent: Tuesday, April 12, 2011 2:36 PM

To: Kearney, Barry J.; Farrell, Ellen; Cleeland, Nancy

Subject: Boeing

Ellen, W ould you please send electronically to Nancy the Boeing Advice memo and fact sheet?

Nancy, W e anticipate that Region 19 will issue complaint next week. We can talk about it,

Exemption 5

Thanks, Lafe

1

NLRB-FOIA-00001402

Exemption 5 & 7(A)

NLRB-FOIA-00001403

Exemption 5 & 7(A)

NLRB-FOIA-00001404

Exemption 5 & 7(A)

NLRB-FOIA-00001405

Exemption 5 & 7(A)

NLRB-FOIA-00001406

Exemption 5 & 7(A)

NLRB-FOIA-00001407

Exemption 5 & 7(A)

NLRB-FOIA-00001408

Exemption 5 & 7(A)

NLRB-FOIA-00001409

Exemption 5 & 7(A)

NLRB-FOIA-00001410

Exemption 5 & 7(A)

NLRB-FOIA-00001411

Exemption 5 & 7(A)

NLRB-FOIA-00001412

Exemption 5 & 7(A)

NLRB-FOIA-00001413

Exemption 5 & 7(A)

NLRB-FOIA-00001414

Exemption 5 & 7(A)

NLRB-FOIA-00001415

Exemption 5 & 7(A)

NLRB-FOIA-00001416

Exemption 5 & 7(A)

NLRB-FOIA-00001417

Exemption 5 & 7(A)

NLRB-FOIA-00001418

Exemption 5 & 7(A)

NLRB-FOIA-00001419

Exemption 5 & 7(A)

NLRB-FOIA-00001420

Exemption 5 & 7(A)

NLRB-FOIA-00001421

Exemption 5 & 7(A)

NLRB-FOIA-00001422

Exemption 5 & 7(A)

NLRB-FOIA-00001423

Exemption 5 & 7(A)

NLRB-FOIA-00001424

Exemption 5 & 7(A)

NLRB-FOIA-00001425

Exemption 5 & 7(A)

NLRB-FOIA-00001426

Exemption 5 & 7(A)

NLRB-FOIA-00001427

Exemption 5 & 7(A)

NLRB-FOIA-00001428

Exemption 5 & 7(A)

NLRB-FOIA-00001429

Exemption 5 & 7(A)

NLRB-FOIA-00001430

Exemption 5 & 7(A)

NLRB-FOIA-00001431

Exemption 5 & 7(A)

NLRB-FOIA-00001432

Exemption 5 & 7(A)

NLRB-FOIA-00001433

Exemption 5 & 7(A)

NLRB-FOIA-00001434

Exemption 5 & 7(A)

NLRB-FOIA-00001435

Microsoft Outlook

Ahearn, Richard L.

W ednesday, April 20, 2011 3:04 PM

Kearney, Barry J.; Farrell, Ellen

FW : Senator Graham's statement

From:

Sent:

To:

Subject:

From: Wagner, Anthony R.

Sent: Wednesday, April 20, 2011 12:00 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Ahearn, Richard L.; Mattina, Celeste J.; Garza, Jose

Subject: Senator Graham's statement

http://lgraham.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=74179e31-802a-

23ad-4e6e-3b1394738c8d

Senator Graham Press Releases

Contact: Meghan Hughes (202-224-5972) or Kevin Bishop (864-250-1417)

Date: 04/20/2011

Graham on NLRB Complaint against Boeing

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement on the National Labor

Relations Board (NLRB) complaint against Boeing.

“This is one of the worst examples of unelected bureaucrats doing the bidding of special interest groups that I’ve ever

seen. In this case, the NLRB is doing the bidding of the unions at great cost to South Carolina and our nation’s economy.

“It makes perfect sense for a world-class company like Boeing to diversify their production capabilities. Boeing made a

solid business decision in coming to South Carolina, and we welcome them with open arms. They could have gone

anywhere, but they knew that South Carolina was a great place to do business. Their decision to open their new facility in

North Charleston will pay dividends for the company, its workers, and our state for many years to come. It’s a decision

that will stand the test of time.

“If successful, the NLRB complaint would allow unions to hold a virtual ‘veto’ over business decisions. Left to their own

devices, the NLRB would routinely punish right-to-work states that value and promote their pro-business climates. The

current makeup of the NLRB Board has been skewed against business. This action will not be allowed to stand.

“I would be surprised if any court recognized the legitimacy of this complaint. It’s pretty easy to see that at its heart, this is

about union politics.

As Senator, I will do everything in my power, including introducing legislation cutting off funding for

this wild goose chase, to stop the NLRB’s frivolous complaint.”

#####

1

NLRB-FOIA-00001436

Microsoft Outlook

From:

Sent:

To:

Subject:

Ahearn, Richard L.

Tuesday, April 26, 2011 3:46 PM

Solomon, Lafe E.; Mattina, Celeste J.; Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen

From Congressman Adam Smith

A Message from Congressman Adam Smith

April 22, 2011

Congressman Adam Smith (WA-09), Ranking Member of the House Armed Services

Committee, released the following statement after the National Labor Relations Board

issued a complaint against the Boeing Company alleging that it violated federal labor law

during the decision-making process to transfer a second production line to South Carolina:

“I steadfastly support the collective bargaining rights of U.S. workers and hope that the

complaint filed by the National Labor Relations Board (NLRB) against The Boeing Company

is fully considered under the law. We must be vigilant in maintaining a business environment

where workers can organize and negotiate without fear of intimidation or future retaliation.

“The Pacific Northwest is proud of Boeing and its role in the company’s long history of

innovation and excellence in aerospace manufacturing. The global market for airplanes is an

increasingly competitive arena where companies are forced to act in their best economic

interests to remain successful. I encourage Boeing to work within the framework of the law as

a global leader in aerospace manufacturing and technology. Boeing’s recent win of the $35

billion Air Force refueling tanker contract attests that the company and unions can be

incredibly successful when they work together.

“I look forward to a fair legal process and will be monitoring the upcoming June 14 NLRB

hearing.”

If you have questions or comments, please contact Matt Perry, Deputy District Director, at:

253-593-6603 or via email at: matt.perry@mail.house.gov

1

NLRB-FOIA-00001437

Microsoft Outlook

Cleeland, Nancy

Tuesday, April 26, 2011 3:50 PM

Ahearn, Richard L.; Solomon, Lafe E.; Mattina, Celeste J.; Kearney, Barry J.; Farrell, Ellen

RE: From Congressman Adam Smith

From:

Sent:

To:

Subject:

Well that sure was cautious!

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Ahearn, Richard L.

Sent: Tuesday, April 26, 2011 3:46 PM

To: Solomon, Lafe E.; Mattina, Celeste J.; Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen

Subject: From Congressman Adam Smith

A Message from Congressman Adam Smith

April 22, 2011

Congressman Adam Smith (WA-09), Ranking Member of the House Armed Services

Committee, released the following statement after the National Labor Relations Board

issued a complaint against the Boeing Company alleging that it violated federal labor law

during the decision-making process to transfer a second production line to South Carolina:

“I steadfastly support the collective bargaining rights of U.S. workers and hope that the

complaint filed by the National Labor Relations Board (NLRB) against The Boeing Company

is fully considered under the law. We must be vigilant in maintaining a business environment

where workers can organize and negotiate without fear of intimidation or future retaliation.

“The Pacific Northwest is proud of Boeing and its role in the company’s long history of

innovation and excellence in aerospace manufacturing. The global market for airplanes is an

increasingly competitive arena where companies are forced to act in their best economic

interests to remain successful. I encourage Boeing to work within the framework of the law as

a global leader in aerospace manufacturing and technology. Boeing’s recent win of the $35

billion Air Force refueling tanker contract attests that the company and unions can be

incredibly successful when they work together.

“I look forward to a fair legal process and will be monitoring the upcoming June 14 NLRB

hearing.”

If you have questions or comments, please contact Matt Perry, Deputy District Director, at:

253-593-6603 or via email at: matt.perry@mail.house.gov

1

NLRB-FOIA-00001438

Microsoft Outlook

Farrell, Ellen

Thursday, April 28, 2011 6:01 PM

Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

RE: time to decide

From:

Sent:

To:

Subject:

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 5:59 PM

To: Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Farrell, Ellen

Subject: time to decide

Importance: High

Exemption 5

The complaint has nothing to do with state right-to-work laws, which ban certain types of employer-union agreements and

are expressly permitted by the National Labor Relations Act. Rather it alleges that Boeing decided to locate a particular

line of work in a non-union facility to retaliate against union employees who had engaged in legally-protected strike

activity. The result would have been the same had the line been moved to a non-union facility in any location.

Furthermore, the complaint does not seek to close Boeing’s South Carolina facility or to prohibit Boeing from making a

non-discriminatory decision to do work in that state. Both parties will have an opportunity to present evidence and

arguments at a hearing scheduled before an NLRB administrative law judge in June, which is the appropriate time to

address the merits of the complaint.

Exemption 5

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

1

NLRB-FOIA-00001439

Microsoft Outlook

Farrell, Ellen

Thursday, April 28, 2011 6:05 PM

Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

RE: time to decide

From:

Sent:

To:

Subject:

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:01 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 5:59 PM

To: Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Farrell, Ellen

Subject: time to decide

Importance: High

Exemption 5

The complaint has nothing to do with state right-to-work laws, which ban certain types of employer-union agreements and

are expressly permitted by the National Labor Relations Act. Rather it alleges that Boeing decided to locate a particular

line of work in a non-union facility to retaliate against union employees who had engaged in legally-protected strike

activity. The result would have been the same had the line been moved to a non-union facility in any location.

Furthermore, the complaint does not seek to close Boeing’s South Carolina facility or to prohibit Boeing from making a

non-discriminatory decision to do work in that state. Both parties will have an opportunity to present evidence and

arguments at a hearing scheduled before an NLRB administrative law judge in June, which is the appropriate time to

address the merits of the complaint.

Exemption 5

1

NLRB-FOIA-00001440

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00001441

Microsoft Outlook

Cleeland, Nancy

Thursday, April 28, 2011 6:09 PM

Farrell, Ellen; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; W agner,

Anthony R.

RE: time to decide

From:

Sent:

To:

Subject:

Thank you all for your help – I think there’s a piece of everyone in this statement. I went ahead and used my best

judgment and sent this in my name. Hope it’s not a firing offense!

The complaint has nothing to do with state right-to-work laws, which are expressly permitted by the National Labor

Relations Act. Rather it alleges that Boeing decided to locate a particular line of work in a non-union facility to retaliate

against union employees who had engaged in legally-protected strike activity. The result would have been the same had

the line been moved to a non-union facility in any location. Furthermore, the complaint does not seek to close Boeing’s

South Carolina facility or to prohibit Boeing from making a non-discriminatory decision to do work in that state. Both

parties will have an opportunity to present evidence and arguments at a hearing scheduled before an NLRB administrative

law judge in June, which is the appropriate time to address the merits of the complaint.

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:05 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:01 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov
1

NLRB-FOIA-00001442

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 5:59 PM

To: Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Farrell, Ellen

Subject: time to decide

Importance: High

Exemption 5

The complaint has nothing to do with state right-to-work laws, which ban certain types of employer-union agreements and

are expressly permitted by the National Labor Relations Act. Rather it alleges that Boeing decided to locate a particular

line of work in a non-union facility to retaliate against union employees who had engaged in legally-protected strike

activity. The result would have been the same had the line been moved to a non-union facility in any location.

Furthermore, the complaint does not seek to close Boeing’s South Carolina facility or to prohibit Boeing from making a

non-discriminatory decision to do work in that state. Both parties will have an opportunity to present evidence and

arguments at a hearing scheduled before an NLRB administrative law judge in June, which is the appropriate time to

address the merits of the complaint.

Exemption 5

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00001443

Microsoft Outlook

From:

Sent:

To:

Subject:

Farrell, Ellen

Thursday, April 28, 2011 6:12 PM

Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.;

W agner, Anthony R.

RE: time to decide

Your best judgment is very good!

Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 6:09 PM

To: Farrell, Ellen; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Wagner, Anthony R.

Subject: RE: time to decide

Thank you all for your help – I think there’s a piece of everyone in this statement. I went ahead and used my best

judgment and sent this in my name. Hope it’s not a firing offense!

The complaint has nothing to do with state right-to-work laws, which are expressly permitted by the National Labor

Relations Act. Rather it alleges that Boeing decided to locate a particular line of work in a non-union facility to retaliate

against union employees who had engaged in legally-protected strike activity. The result would have been the same had

the line been moved to a non-union facility in any location. Furthermore, the complaint does not seek to close Boeing’s

South Carolina facility or to prohibit Boeing from making a non-discriminatory decision to do work in that state. Both

parties will have an opportunity to present evidence and arguments at a hearing scheduled before an NLRB administrative

law judge in June, which is the appropriate time to address the merits of the complaint.

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:05 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov
1

NLRB-FOIA-00001444

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:01 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 5:59 PM

To: Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Farrell, Ellen

Subject: time to decide

Importance: High

Exemption 5

The complaint has nothing to do with state right-to-work laws, which ban certain types of employer-union agreements and

are expressly permitted by the National Labor Relations Act. Rather it alleges that Boeing decided to locate a particular

line of work in a non-union facility to retaliate against union employees who had engaged in legally-protected strike

activity. The result would have been the same had the line been moved to a non-union facility in any location.

Furthermore, the complaint does not seek to close Boeing’s South Carolina facility or to prohibit Boeing from making a

non-discriminatory decision to do work in that state. Both parties will have an opportunity to present evidence and

arguments at a hearing scheduled before an NLRB administrative law judge in June, which is the appropriate time to

address the merits of the complaint.

Exemption 5

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00001445

Microsoft Outlook

From:

Sent:

To:

Subject:

Mattina, Celeste J.

W ednesday, May 18, 2011 10:38 AM

Kearney, Barry J.; Farrell, Ellen; Ahearn, Richard L.

FW :

The latest…

From: Abruzzo, Jennifer

Sent: Wednesday, May 18, 2011 7:53 AM

To: Garza, Jose

Cc: Solomon, Lafe E.; Mattina, Celeste J.

Subject:

Jose,

Have you heard anything about the below?

Jen

Issa's committee requested production of “all documents and communications referring or relating to the Office

of General Counsel's investigation of Boeing,” all documents and records of communications between “anyone”

in NLRB and IAM, and “all documents referring or relating to the Office of General Counsel's investigation of

union election laws in Arizona, South Carolina, South Dakota, and Utah.”

Issa's committee will apparently follow up after documents are produced by conducting a hearing on the Boeing

case. The Greenville News reported May 17 that Rep. Trey Gowdy (R-S.C.), a member of the committee, said

Issa has agreed to conduct a June field hearing in South Carolina on the Boeing complaint.

According to the newspaper account, Gowdy expects to question NLRB officials at the hearing, and promised

to ask them: “What were you thinking? Are you trying to intimidate South Carolina? Are you a shill for the

unions? Who put you up to this?”

An NLRB spokesperson told BNA May 17 the agency had not been advised of a Government Operations

Committee hearing or asked to participate.

1

NLRB-FOIA-00001446

Microsoft Outlook

From:

Sent:

To:

Subject:

Ferguson, John H.

W ednesday, May 18, 2011 11:30 AM

Ferguson, John H.

Boeing complaint: The Republican base's new favorite semi-obscure issue. - By David W eigel

- Slate Magazine

http://www.slate.com/id/2294834/

Bill Gould says not an 8a3 to move because of disruption of delivery because of strikes &

unprecedented for Board to proceed on this kind of case

1

NLRB-FOIA-00001447

Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

Friday, May 20, 2011 8:17 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; Hoyte, Joan E.; 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.

Hill on Lafe, SC on notice posting rule

NLRB Complaint Challenges Firing of Five

Who Shared Job Complaints on Facebook

A Buffalo, N.Y., nonprofit organization violated federal labor law when it fired five employees for posting

critical comments about working conditions on one employee's Facebook page, a National Labor Relations

Board regional director...

Illinois Lawmakers Approve Schools Bill,

But Teachers’ Unions Seek Clean-Up Measure

CHICAGO—With the support of teachers' unions, school boards, and K-12 education advocates, the Illinois

General Assembly passed a critical overhaul measure (S.B. 7) that minimizes opportunities for strikes,

streamlines termination...

Health Care Workers in Southern California

Conduct 24-Hour Strike at Kaiser Worksites

Southern California health care workers represented by the National Union of Healthcare Workers (NUHW)

returned to work May 19 after staging a one-day strike at Kaiser Permanente's Los Angeles Medical Center

(LAMC)....

Massachusetts Nurses Union OKs Contract

That Averted Strike at St. Vincent Hospital

BOSTON—On the eve of a threatened strike, members of the Massachusetts Nurses Association May 18

overwhelmingly ratified a new three-year contract with St. Vincent Hospital in Worcester negotiated earlier

this month....

Tentative Pact for Connecticut Workers Offers

No-Layoff Plan in Exchange for Wage Freeze

BOSTON—Connecticut state employees who are union members will begin voting in the next few weeks on

new contracts with the state, all of which will include a two-year wage freeze, changes in pensions and

benefits, and the extension of...

1

NLRB-FOIA-00001448

Labor, Republicans battle over organizing in transportation sector

The Hill – 05/20/11 06:14 –

Words matched: Lafe Solomon

The inroads that labor unions have made in the transportation sector this year are being met with fervent resistance from Republicans.

Even as state-level fights over labor rights have raged in places like Wisconsin and Ohio, Capitol Hill has been consumed with the

actions of federal agencies like

...issue into the spotlight to force the labor board s general counsel , Lafe Solomon , to back off the complaint. The next step for the

complaint ...

Hearthside Food Solutions Prevails in Union Challenge

Ohio Ag Connection – 05/20/11 07:55 –

Words matched: NLRB

Hearthside Food Solutions (Hearthside), a leading contract manufacturer of quality, grain-based foods, announced that a 10-year old

labor issue has been decisively settled at their McComb, OH bakery facility.

...decisively settled at their McComb, OH bakery facility. In an NLRB supervised election, held May 5th and 6th, the employees

overwhelmingly rejected...

SC House Approves Another Anti-Union Bill

WSPA News Channel 7 – 05/19/11 21:37 –

Words matched: National Labor Relations Board

COLUMBIA, S.C. -- COLUMBIA, S.C. (AP) The South Carolina House has advanced a measure that would exempt businesses from a

proposed federal rule that they notify workers of their rights to unionize.

Alan Clemmons of Myrtle Beach says it sends a message to the National Labor Relations Board . The board's proposal would require

businesses to...

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-00001449

Microsoft Outlook

From:

Sent:

To:

Subject:

Ferguson, John H.

Friday, June 10, 2011 3:23 PM

Ferguson, John H.

Brudney & Fisk on HILL Boeing pressure on GC

http://news.bna.com/dlln/DLLNWB/split_display.adp?fedfid=21040522&vname=dlrnotallissues&fn=21

040522&jd=a0c8b0v5q3&split=0

1

NLRB-FOIA-00001450

Microsoft Outlook

From:

Sent:

To:

Subject:

Finch, Peter G.

Sunday, May 22, 2011 7:06 PM

Ahearn, Richard L.

RE: Gov. Gregoire

Exemption 5, 7(A)

________________________________________

From: Ahearn, Richard L.

Sent: Sunday, May 22, 2011 9:28 AM

To: Mattina, Celeste J.; Abruzzo, Jennifer; Garza, Jose; Kearney, Barry J.; Farrell, Ellen

Cc: Pomerantz, Anne; Anzalone, Mara-Louise; Finch, Peter G.; Harvey, Rachel

Subject: Gov. Gregoire

News

1 new result for National labor relations board

Sunday Buzz Air show delegation will be wearing their smiley

faces<http://www.google.com/url?sa=X&q=http://seattletimes.nwsource.com/html/sundaybuzz/20151

08942_sundaybuzz22.html&ct=ga&cad=CAEQARgAIAAoATAAOABA2tDi7gRIAVAAWABiAmVu&cd=We-

Ecid5VFk&usg=AFQjCNEpuLlBum63N2-ce4FpFFtL1TS3tg>

The Seattle Times

Last month the National Labor Relations Board (NLRB) issued a complaint against Boeing

spurred by the Machinists. Arguing that Boeing executives chose to locate a second production

line for the 787 Dreamliner in North Charleston, SC, ...

See all stories on this topic

»<http://www.google.com/url?sa=X&q=http://news.google.com/news/story%3Fncl%3Dhttp://seattleti

mes.nwsource.com/html/sundaybuzz/2015108942_sundaybuzz22.html%26hl%3Den%26geo%3Dus&ct=ga&cad=

CAEQARgAIAAoBjAAOABA2tDi7gRIAVAAWABiAmVu&cd=We-

Ecid5VFk&usg=AFQjCNE0dh9Gzip45z_9_uqGq6YjYsVlPw>

________________________________

Tip: Use quotes ("like this") around a set of words in your query to match them exactly.

Learn

more<http://www.google.com/support/websearch/bin/answer.py?answer=136861&hl=en&source=alertsm

ail&cd=We-Ecid5VFk&cad=CAEQARgAQNrQ4u4ESAE>.

Remove<http://www.google.com/alerts/remove?hl=en&gl=us&source=alertsmail&s=AB2Xq4ixgae4U9XJPW

N_8lOOaVEEbn_MHk9Cwtg&cd=We-Ecid5VFk&cad=CAEQARgAQNrQ4u4ESAE> this alert.

Create<http://www.google.com/alerts?hl=en&gl=us&source=alertsmail&cd=We-

Ecid5VFk&cad=CAEQARgAQNrQ4u4ESAE> another alert.

Manage<http://www.google.com/alerts/manage?hl=en&gl=us&source=alertsmail&cd=We-

Ecid5VFk&cad=CAEQARgAQNrQ4u4ESAE> your alerts.

1

NLRB-FOIA-00001451

Microsoft Outlook

From:

Sent:

To:

Subject:

Ahearn, Richard L.

Sunday, May 22, 2011 11:52 PM

Finch, Peter G.

Re: Gov. Gregoire

Exemption 5, 7(A)

--------------------------

Sent from my BlackBerry Wireless Handheld

----- Original Message -----

From: Finch, Peter G.

To: Ahearn, Richard L.

Sent: Sun May 22 19:05:47 2011

Subject: RE: Gov. Gregoire

Exemption 5, 7(A)

________________________________________

From: Ahearn, Richard L.

Sent: Sunday, May 22, 2011 9:28 AM

To: Mattina, Celeste J.; Abruzzo, Jennifer; Garza, Jose; Kearney, Barry J.; Farrell, Ellen

Cc: Pomerantz, Anne; Anzalone, Mara-Louise; Finch, Peter G.; Harvey, Rachel

Subject: Gov. Gregoire

News

1 new result for National labor relations board

Sunday Buzz Air show delegation will be wearing their smiley

faces<http://www.google.com/url?sa=X&q=http://seattletimes.nwsource.com/html/sundaybuzz/20151

08942_sundaybuzz22.html&ct=ga&cad=CAEQARgAIAAoATAAOABA2tDi7gRIAVAAWABiAmVu&cd=We-

Ecid5VFk&usg=AFQjCNEpuLlBum63N2-ce4FpFFtL1TS3tg>

The Seattle Times

Last month the National Labor Relations Board (NLRB) issued a complaint against Boeing

spurred by the Machinists. Arguing that Boeing executives chose to locate a second production

line for the 787 Dreamliner in North Charleston, SC, ...

See all stories on this topic

»<http://www.google.com/url?sa=X&q=http://news.google.com/news/story%3Fncl%3Dhttp://seattleti

mes.nwsource.com/html/sundaybuzz/2015108942_sundaybuzz22.html%26hl%3Den%26geo%3Dus&ct=ga&cad=

CAEQARgAIAAoBjAAOABA2tDi7gRIAVAAWABiAmVu&cd=We-

Ecid5VFk&usg=AFQjCNE0dh9Gzip45z_9_uqGq6YjYsVlPw>

________________________________

Tip: Use quotes ("like this") around a set of words in your query to match them exactly.

Learn

more<http://www.google.com/support/websearch/bin/answer.py?answer=136861&hl=en&source=alertsm

ail&cd=We-Ecid5VFk&cad=CAEQARgAQNrQ4u4ESAE>.

Remove<http://www.google.com/alerts/remove?hl=en&gl=us&source=alertsmail&s=AB2Xq4ixgae4U9XJPW

N_8lOOaVEEbn_MHk9Cwtg&cd=We-Ecid5VFk&cad=CAEQARgAQNrQ4u4ESAE> this alert.
1

NLRB-FOIA-00001452

Create<http://www.google.com/alerts?hl=en&gl=us&source=alertsmail&cd=We-

Ecid5VFk&cad=CAEQARgAQNrQ4u4ESAE> another alert.

Manage<http://www.google.com/alerts/manage?hl=en&gl=us&source=alertsmail&cd=We-

Ecid5VFk&cad=CAEQARgAQNrQ4u4ESAE> your alerts.

2

NLRB-FOIA-00001453

Microsoft Outlook

From:

Sent:

To:

Subject:

Finch, Peter G.

W ednesday, May 25, 2011 2:55 PM

Ahearn, Richard L.

Aventail

Rich – Given the amount of time we will be working out of the office for Boeing, Vicky suggested that I

contact you for authorization to install/use Aventail on my laptop. What, if anything, do I need to do?

P eter G . Finch, Fie ld A tto rne y

N atio n al Lab o r R e latio n s B o ard - R e gio n 1 9

2 9 4 8 Jack so n Fe d e ral B u ild in g

9 1 5 Se co n d A ve n u e

Se attle , W ash in gto n 9 8 1 7 4

T e l.: 2 0 6 .2 2 0 .6 2 85

Fax : 2 0 6 .2 2 0 .6 30 5

e -m ail: p e te r.fin ch @ n lrb .go v

1

NLRB-FOIA-00001454

Microsoft Outlook

From:

Sent:

To:

Subject:

E.6 Privacy
Friday, June 10, 2011 1:53 AM

Finch, Peter G.; Ahearn, Richard L.

W SJ.com - Boeing Rejects Union on Plant

* Please note, the sender's email address has not been verified.

You have received the following link from

E.6 Privacy

Click the following to access the sent link:

WSJ.com - Boeing Rejects Union on Plant* This article will be

available to non-subscribers of the Online Journal for up to seven days

after it is e-mailed.

Get your EMAIL THIS Browser Button and use it to email content from

any Web site. Click here for more information.

*This article can also be accessed if you copy and paste the entire address below into your web browser.

http://online.wsj.com/article_email/SB10001424052702304259304576375940769488316-

lMyQjAxMTAxMDEwMDExNDAyWj.html

1

NLRB-FOIA-00001455

Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

Solomon, Lafe E.

W ednesday, April 20, 2011 9:14 AM

Schiff, Robert; Garza, Jose

Boeing call log

Boeing call log-Lafe.doc; Boeing call log--Barry.doc

I have attached 2 files: one is a summary of my conversations and the other is Barry Kearney’s conversation with

Boeing’s outside lawyer. Lafe

1

NLRB-FOIA-00001456

April 14, 2011

Telephone conversation with Bill Kilberg, Boeing attorney, on Thursday,

April 7. Kilberg called me (Barry Kearney) because in an earlier conversation we

had concluded that Boeing and the Union were interested in discussing different

issues and further efforts to bring the parties together would be fruitless. At the

start of the conversation he told me that Boeing concurred that nothing more to

discuss and he understood that meant complaint was likely to issue. Kilberg said

that Boeing was going to the Hill to see if they could forestall issuing a complaint.

I said I was very disappointed to hear that. I told him the Agency realized last

October that this was a big deal and that is why we reached out to Boeing so that

they would have every opportunity to address the concerns we had about the

case. After that process I said we again reached out to Boeing to try to resolve

this before any public decision was made. We tried in good faith to work with this

situation and give Boeing every opportunity. I said it doesn't appear to account

for anything. Kilberg response was we have to do what we have to do and you

do what you have to do. The conversation ended.

NLRB-FOIA-00001457

3/18/11

Mike Luttig, Boeing’s GC, called me at 2 pm. He told me that he was “miffed” that

although he had done what I asked (
), I was still

Exemption 5, 7(A)

considering issuing complaint. I told him that the Machinists had proposed
Exemption 5, 7(A)

. He told me that rather than

accept that offer, he thought that he would go to the Hill to prevent me from litigating the

case. I told him that he would have to get such a rider through the Senate. I said that I had

the CEO on tape saying that the move to SC was not because of economics but because

the Machinists strike. I said I had a triable case and that I would do whatever I thought

was right under the NLRA. But I reiterated that I thought the parties should meet and try

to reach a settlement.

3/28/11

Luttig called and I asked Barry Kearney to be on the call with me. Luttig said that Boeing

would not agree to

Exemption 5, 7(A)

4/8/11

Senator Graham called me at 11:15 am. I was in the Museum of Modern Art in NYC and

talked to him on my cell phone. He told me that the “retaliatory charge” of the Machinists

against Boeing would have huge economic and political consequences. He said that the

charge would scare Boeing’s customers and could affect orders. He said that the political

fallout would be huge and that he was more reasonable than his Senate counterpart (Sen.

De Mint).

I explained to him that I had been trying to settle this case for the last 6 months, and I

asked for his help in getting Boeing to agree

Exemption 5, 7(A)

. I told him that this case had every potential to settle
Exemption 5, 7(A)

, but that I had been unsuccessful in

getting the parties to talk to each other, rather than to me. I also told him that I
and that I had made it clear to the Machinists

Exemption 5, 7(A)

that

Exemption 5, 7(A)

.

He said that he was pessimistic that the Machinists and Boeing could work things out, but

that he never thought it was a bad idea to talk. I thanked him for being willing to help.

4/11/11

I left a message for Debbie Durkin, the aide to Senator Graham who place the call on Fri.

I received a call back from Walt Kuhn at noon. I told him that I was following up on my

NLRB-FOIA-00001458

conversation with the Senator on Fri and that I wanted to know if he had been successful

in contacting Boeing. He said that the Senator would call me back later this week. I told

Walt that I was ready to begin the complaint process and that I could not hold it up

indefinitely. I said that I wanted to talk to the Senator today if possible, and he said that

he would see what he could do.

4/11/11

Senator Graham called me at 3 pm. He said that he had talked to Boeing, and they had no

interest in

Exemption 5, 7(A)

, which was totally without merit. He said that he

agreed with Boeing and understood their position. He said that if a complaint was filed, it

will be “nasty,” “very, very nasty.” He said that this was a case of how not to grow the

economy. He said that we had to do what we had to do, and he had to do what he had to

do. It was up to us. He said that if complaint issued, he was going “full guns a-blazing.”

NLRB-FOIA-00001459

Microsoft Outlook

From:

Sent:

To:

Subject:

Schiff, Robert

W ednesday, April 20, 2011 9:15 AM

Solomon, Lafe E.; Garza, Jose

RE: Boeing call log

Thanks.

From: Solomon, Lafe E.

Sent: Wednesday, April 20, 2011 9:14 AM

To: Schiff, Robert; Garza, Jose

Subject: Boeing call log

I have attached 2 files: one is a summary of my conversations and the other is Barry Kearney’s conversation with

Boeing’s outside lawyer. Lafe

1

NLRB-FOIA-00001460

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Cleeland, Nancy

W ednesday, April 20, 2011 12:34 PM

Ahearn, Richard L.; Solomon, Lafe E.; Mattina, Celeste J.; Kearney, Barry J.; Farrell, Ellen

W agner, Anthony R.; Garza, Jose

RE: Boeing Complaint

This ran in the Seattle Times yesterday. Note the final sentence.

Boeing announces solar plan for SC assembly plant

Boeing Co. announced Tuesday that the roof of its new 787 jet assembly plant will be covered with solar panels

and its South Carolina operation will be powered entirely with renewable energy.

By BRUCE SMITH

Associated Press

NORTH CHARLESTON, S.C. —

Boeing Co. announced Tuesday that the roof of its new 787 jet assembly plant will be covered with solar panels

and its South Carolina operation will be powered entirely with renewable energy.

South Carolina Electric & Gas will install and maintain the thin panels that will cover the space of about eight

football fields atop the massive assembly building.

The panels will provide up to 2.6 megawatts of electrical power for the site - enough to power about 250 homes.

It will be the largest solar installation by generating capacity in the Southeast and the sixth-largest in the nation,

the company said.

"This will be a 100 percent renewable energy site and it's the first site we have in the world that is making that

commitment," said Jim Albaugh, president and CEO of Boeing Commercial Airplanes.

Kevin Marsh, the president of SCE&G, said the company is installing and maintaining more than 18,000 solar

panels on the roof of the assembly building, an area of about 10 acres.

SCE&G will supplement the solar energy with power from its system, coupled with renewable energy

certificates, to meet Boeing's energy requirements. Solar projects generate credits that are sold at auction to help

utilities meet their renewable energy goals.

U.S. Sen. Lindsey Graham, R-S.C., said Boeing's decision to use solar power will be noted nationwide.

"The fact that Boeing would lead the way is going to make it easier for other businesses in South Carolina and

in the county to follow," he said.

1

NLRB-FOIA-00001461

"What this shows us is that Boeing is going to do everything just a little bit better," said fellow U.S. Sen. Jim

DeMint. "South Carolina wants to do everything just a little bit better and I think we're going to see from this

work force is it's a little bit better and is going to be the best in the world."

A group of about 30 Boeing workers were on hand for the announcement. As the officials spoke, C-17s built by

Boeing took off from the nearby Charleston Air Force Base and construction crews continued work nearby on

the 787 assembly plant.

Jack Jones, vice president and general manager for Boeing South Carolina, said the new assembly plant should

be operational in July. The first 787 built there is expected to take off about a year from now.

The $750 million assembly plant represents the largest industrial investment in South Carolina history.

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Ahearn, Richard L.

Sent: Wednesday, April 20, 2011 12:04 PM

To: Solomon, Lafe E.; Mattina, Celeste J.; Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen

Subject: Boeing Complaint

Signed and sent to the attorneys for Boeing and the IAM.

Rich

2

NLRB-FOIA-00001462

Microsoft Outlook

W agner, Anthony R.

W ednesday, April 20, 2011 3:00 PM

Cleeland, Nancy; Solomon, Lafe E.; Ahearn, Richard L.; Mattina, Celeste J.; Garza, Jose

Senator Graham's statement

From:

Sent:

To:

Subject:

http://lgraham.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=74179e31-802a-

23ad-4e6e-3b1394738c8d

Senator Graham Press Releases

Contact: Meghan Hughes (202-224-5972) or Kevin Bishop (864-250-1417)

Date: 04/20/2011

Graham on NLRB Complaint against Boeing

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement on the National Labor

Relations Board (NLRB) complaint against Boeing.

“This is one of the worst examples of unelected bureaucrats doing the bidding of special interest groups that I’ve ever

seen. In this case, the NLRB is doing the bidding of the unions at great cost to South Carolina and our nation’s economy.

“It makes perfect sense for a world-class company like Boeing to diversify their production capabilities. Boeing made a

solid business decision in coming to South Carolina, and we welcome them with open arms. They could have gone

anywhere, but they knew that South Carolina was a great place to do business. Their decision to open their new facility in

North Charleston will pay dividends for the company, its workers, and our state for many years to come. It’s a decision

that will stand the test of time.

“If successful, the NLRB complaint would allow unions to hold a virtual ‘veto’ over business decisions. Left to their own

devices, the NLRB would routinely punish right-to-work states that value and promote their pro-business climates. The

current makeup of the NLRB Board has been skewed against business. This action will not be allowed to stand.

“I would be surprised if any court recognized the legitimacy of this complaint. It’s pretty easy to see that at its heart, this is

about union politics.

As Senator, I will do everything in my power, including introducing legislation cutting off funding for

this wild goose chase, to stop the NLRB’s frivolous complaint.”

#####

1

NLRB-FOIA-00001463

Microsoft Outlook

Solomon, Lafe E.

W ednesday, April 20, 2011 3:04 PM

Liebman, W ilma B.; Schiff, Robert; Garza, Jose

FW : Senator Graham's statement

From:

Sent:

To:

Subject:

I guess he’s changed his mind about voting for my confirmation.

From: Wagner, Anthony R.

Sent: Wednesday, April 20, 2011 3:00 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Ahearn, Richard L.; Mattina, Celeste J.; Garza, Jose

Subject: Senator Graham's statement

http://lgraham.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=74179e31-802a-

23ad-4e6e-3b1394738c8d

Senator Graham Press Releases

Contact: Meghan Hughes (202-224-5972) or Kevin Bishop (864-250-1417)

Date: 04/20/2011

Graham on NLRB Complaint against Boeing

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement on the National Labor

Relations Board (NLRB) complaint against Boeing.

“This is one of the worst examples of unelected bureaucrats doing the bidding of special interest groups that I’ve ever

seen. In this case, the NLRB is doing the bidding of the unions at great cost to South Carolina and our nation’s economy.

“It makes perfect sense for a world-class company like Boeing to diversify their production capabilities. Boeing made a

solid business decision in coming to South Carolina, and we welcome them with open arms. They could have gone

anywhere, but they knew that South Carolina was a great place to do business. Their decision to open their new facility in

North Charleston will pay dividends for the company, its workers, and our state for many years to come. It’s a decision

that will stand the test of time.

“If successful, the NLRB complaint would allow unions to hold a virtual ‘veto’ over business decisions. Left to their own

devices, the NLRB would routinely punish right-to-work states that value and promote their pro-business climates. The

current makeup of the NLRB Board has been skewed against business. This action will not be allowed to stand.

“I would be surprised if any court recognized the legitimacy of this complaint. It’s pretty easy to see that at its heart, this is

about union politics.

As Senator, I will do everything in my power, including introducing legislation cutting off funding for

this wild goose chase, to stop the NLRB’s frivolous complaint.”

#####

1

NLRB-FOIA-00001464

Microsoft Outlook

From:

Sent:

To:

Subject:

W agner, Anthony R.

W ednesday, April 20, 2011 3:11 PM

Cleeland, Nancy; Solomon, Lafe E.; Ahearn, Richard L.; Mattina, Celeste J.; Garza, Jose

RE: Senator Graham's statement

He’s also now devoted three full Tweets to it. The best part is that his first, the third on this list, links directly to our news

release:

#NRLB decision is one of the worst examples of unelected bureaucrats doing the bidding of special interest

groups I’ve ever seen. #scpol

8 minutes ago

»

The #NLRB is doing the bidding of the unions at great cost to South Carolina and our nation’s economy. #scpol

#sctweets #boeing #chs

12 minutes ago

»

National Labor Relations Board complaint against #Boeing for locating in South Carolina. Link:

http://1.usa.gov/gggZwV #scpol #sctweets

15 minutes ago

From: Wagner, Anthony R.

Sent: Wednesday, April 20, 2011 3:00 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Ahearn, Richard L.; Mattina, Celeste J.; Garza, Jose

Subject: Senator Graham's statement

http://lgraham.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=74179e31-802a-

23ad-4e6e-3b1394738c8d

Senator Graham Press Releases

Contact: Meghan Hughes (202-224-5972) or Kevin Bishop (864-250-1417)

Date: 04/20/2011

Graham on NLRB Complaint against Boeing

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement on the National Labor

Relations Board (NLRB) complaint against Boeing.

“This is one of the worst examples of unelected bureaucrats doing the bidding of special interest groups that I’ve ever

seen. In this case, the NLRB is doing the bidding of the unions at great cost to South Carolina and our nation’s economy.

“It makes perfect sense for a world-class company like Boeing to diversify their production capabilities. Boeing made a

solid business decision in coming to South Carolina, and we welcome them with open arms. They could have gone

anywhere, but they knew that South Carolina was a great place to do business. Their decision to open their new facility in

North Charleston will pay dividends for the company, its workers, and our state for many years to come. It’s a decision

that will stand the test of time.

“If successful, the NLRB complaint would allow unions to hold a virtual ‘veto’ over business decisions. Left to their own

devices, the NLRB would routinely punish right-to-work states that value and promote their pro-business climates. The

current makeup of the NLRB Board has been skewed against business. This action will not be allowed to stand.

“I would be surprised if any court recognized the legitimacy of this complaint. It’s pretty easy to see that at its heart, this is

about union politics. As Senator, I will do everything in my power, including introducing legislation cutting off funding for
1

NLRB-FOIA-00001465

this wild goose chase, to stop the NLRB’s frivolous complaint.”

#####

2

NLRB-FOIA-00001466

Microsoft Outlook

Non-Responsive

From: Ahearn, Richard L.

Sent: Tuesday, April 26, 2011 3:46 PM

To: Solomon, Lafe E.; Mattina, Celeste J.; Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen

Subject: From Congressman Adam Smith

A Message from Congressman Adam Smith

April 22, 2011

Congressman Adam Smith (WA-09), Ranking Member of the House Armed Services

Committee, released the following statement after the National Labor Relations Board

issued a complaint against the Boeing Company alleging that it violated federal labor law

during the decision-making process to transfer a second production line to South Carolina:

“I steadfastly support the collective bargaining rights of U.S. workers and hope that the

complaint filed by the National Labor Relations Board (NLRB) against The Boeing Company

is fully considered under the law. We must be vigilant in maintaining a business environment

where workers can organize and negotiate without fear of intimidation or future retaliation.

“The Pacific Northwest is proud of Boeing and its role in the company’s long history of

innovation and excellence in aerospace manufacturing. The global market for airplanes is an

increasingly competitive arena where companies are forced to act in their best economic

interests to remain successful. I encourage Boeing to work within the framework of the law as

a global leader in aerospace manufacturing and technology. Boeing’s recent win of the $35

billion Air Force refueling tanker contract attests that the company and unions can be

incredibly successful when they work together.

“I look forward to a fair legal process and will be monitoring the upcoming June 14 NLRB

hearing.”

If you have questions or comments, please contact Matt Perry, Deputy District Director, at:

253-593-6603 or via email at: matt.perry@mail.house.gov

1

NLRB-FOIA-00001467

Microsoft Outlook

Farrell, Ellen

Thursday, April 28, 2011 6:01 PM

Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

RE: time to decide

From:

Sent:

To:

Subject:

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 5:59 PM

To: Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Farrell, Ellen

Subject: time to decide

Importance: High

Exemption 5

The complaint has nothing to do with state right-to-work laws, which ban certain types of employer-union agreements and

are expressly permitted by the National Labor Relations Act. Rather it alleges that Boeing decided to locate a particular

line of work in a non-union facility to retaliate against union employees who had engaged in legally-protected strike

activity. The result would have been the same had the line been moved to a non-union facility in any location.

Furthermore, the complaint does not seek to close Boeing’s South Carolina facility or to prohibit Boeing from making a

non-discriminatory decision to do work in that state. Both parties will have an opportunity to present evidence and

arguments at a hearing scheduled before an NLRB administrative law judge in June, which is the appropriate time to

address the merits of the complaint.

Exemption 5

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

1

NLRB-FOIA-00001468

Microsoft Outlook

From:

Sent:

To:

Subject:

Ahearn, Richard L.

Thursday, April 28, 2011 6:10 PM

Cleeland, Nancy; Farrell, Ellen; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; W agner,

Anthony R.

RE: time to decide

Nancy, If you get fired, please take me with you!

Rich

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 3:09 PM

To: Farrell, Ellen; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Wagner, Anthony R.

Subject: RE: time to decide

Thank you all for your help – I think there’s a piece of everyone in this statement. I went ahead and used my best

judgment and sent this in my name. Hope it’s not a firing offense!

The complaint has nothing to do with state right-to-work laws, which are expressly permitted by the National Labor

Relations Act. Rather it alleges that Boeing decided to locate a particular line of work in a non-union facility to retaliate

against union employees who had engaged in legally-protected strike activity. The result would have been the same had

the line been moved to a non-union facility in any location. Furthermore, the complaint does not seek to close Boeing’s

South Carolina facility or to prohibit Boeing from making a non-discriminatory decision to do work in that state. Both

parties will have an opportunity to present evidence and arguments at a hearing scheduled before an NLRB administrative

law judge in June, which is the appropriate time to address the merits of the complaint.

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:05 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:01 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

1

NLRB-FOIA-00001469

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 5:59 PM

To: Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Farrell, Ellen

Subject: time to decide

Importance: High

Exemption 5

The complaint has nothing to do with state right-to-work laws, which ban certain types of employer-union agreements and

are expressly permitted by the National Labor Relations Act. Rather it alleges that Boeing decided to locate a particular

line of work in a non-union facility to retaliate against union employees who had engaged in legally-protected strike

activity. The result would have been the same had the line been moved to a non-union facility in any location.

Furthermore, the complaint does not seek to close Boeing’s South Carolina facility or to prohibit Boeing from making a

non-discriminatory decision to do work in that state. Both parties will have an opportunity to present evidence and

arguments at a hearing scheduled before an NLRB administrative law judge in June, which is the appropriate time to

address the merits of the complaint.

Exemption 5

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00001470

Microsoft Outlook

From:

Sent:

To:

Subject:

Farrell, Ellen

Thursday, April 28, 2011 6:12 PM

Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.;

W agner, Anthony R.

RE: time to decide

Your best judgment is very good!

Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 6:09 PM

To: Farrell, Ellen; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Wagner, Anthony R.

Subject: RE: time to decide

Thank you all for your help – I think there’s a piece of everyone in this statement. I went ahead and used my best

judgment and sent this in my name. Hope it’s not a firing offense!

The complaint has nothing to do with state right-to-work laws, which are expressly permitted by the National Labor

Relations Act. Rather it alleges that Boeing decided to locate a particular line of work in a non-union facility to retaliate

against union employees who had engaged in legally-protected strike activity. The result would have been the same had

the line been moved to a non-union facility in any location. Furthermore, the complaint does not seek to close Boeing’s

South Carolina facility or to prohibit Boeing from making a non-discriminatory decision to do work in that state. Both

parties will have an opportunity to present evidence and arguments at a hearing scheduled before an NLRB administrative

law judge in June, which is the appropriate time to address the merits of the complaint.

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:05 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5 & 7(A)
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov
1

NLRB-FOIA-00001471

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:01 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5 and 7(A)
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 5:59 PM

To: Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Farrell, Ellen

Subject: time to decide

Importance: High

Exemption 5

The complaint has nothing to do with state right-to-work laws, which ban certain types of employer-union agreements and

are expressly permitted by the National Labor Relations Act. Rather it alleges that Boeing decided to locate a particular

line of work in a non-union facility to retaliate against union employees who had engaged in legally-protected strike

activity. The result would have been the same had the line been moved to a non-union facility in any location.

Furthermore, the complaint does not seek to close Boeing’s South Carolina facility or to prohibit Boeing from making a

non-discriminatory decision to do work in that state. Both parties will have an opportunity to present evidence and

arguments at a hearing scheduled before an NLRB administrative law judge in June, which is the appropriate time to

address the merits of the complaint.

Exemption 5

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00001472

Microsoft Outlook

Ahearn, Richard L.

Thursday, April 28, 2011 6:12 PM

Farrell, Ellen; Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; W agner,

Anthony R.

RE: time to decide

From:

Sent:

To:

Subject:

Ditto!

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 3:12 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Wagner, Anthony R.

Subject: RE: time to decide

Your best judgment is very good!

Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 6:09 PM

To: Farrell, Ellen; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Wagner, Anthony R.

Subject: RE: time to decide

Exemption 5 & 7(A)

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:05 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5 & 7(A)
1

NLRB-FOIA-00001473

Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:01 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5 and 7(A)
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 5:59 PM

To: Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Farrell, Ellen

Subject: time to decide

Importance: High

Exemption 5 and 7(A)

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00001474

Microsoft Outlook

Garza, Jose

Thursday, April 28, 2011 7:56 PM

Cleeland, Nancy

Re: time to decide

From:

Sent:

To:

Subject:

Great job Nancy!!

From: Cleeland, Nancy

To: Farrell, Ellen; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Wagner, Anthony R.

Sent: Thu Apr 28 18:08:46 2011

Subject: RE: time to decide

Thank you all for your help – I think there’s a piece of everyone in this statement. I went ahead and used my best

judgment and sent this in my name. Hope it’s not a firing offense!

The complaint has nothing to do with state right-to-work laws, which are expressly permitted by the National Labor

Relations Act. Rather it alleges that Boeing decided to locate a particular line of work in a non-union facility to retaliate

against union employees who had engaged in legally-protected strike activity. The result would have been the same had

the line been moved to a non-union facility in any location. Furthermore, the complaint does not seek to close Boeing’s

South Carolina facility or to prohibit Boeing from making a non-discriminatory decision to do work in that state. Both

parties will have an opportunity to present evidence and arguments at a hearing scheduled before an NLRB administrative

law judge in June, which is the appropriate time to address the merits of the complaint.

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:05 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5
Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Farrell, Ellen

Sent: Thursday, April 28, 2011 6:01 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.

Subject: RE: time to decide

Exemption 5

1

NLRB-FOIA-00001475

Ellen

Ellen Farrell

Deputy Associate General Counsel

Division of Advice, NLRB

202-273-3810

Ellen.Farrell@nlrb.gov

From: Cleeland, Nancy

Sent: Thursday, April 28, 2011 5:59 PM

To: Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose; Ahearn, Richard L.; Farrell, Ellen

Subject: time to decide

Importance: High

Exemption 5

The complaint has nothing to do with state right-to-work laws, which ban certain types of employer-union agreements and

are expressly permitted by the National Labor Relations Act. Rather it alleges that Boeing decided to locate a particular

line of work in a non-union facility to retaliate against union employees who had engaged in legally-protected strike

activity. The result would have been the same had the line been moved to a non-union facility in any location.

Furthermore, the complaint does not seek to close Boeing’s South Carolina facility or to prohibit Boeing from making a

non-discriminatory decision to do work in that state. Both parties will have an opportunity to present evidence and

arguments at a hearing scheduled before an NLRB administrative law judge in June, which is the appropriate time to

address the merits of the complaint.

Exemption 5

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

2

NLRB-FOIA-00001476

Microsoft Outlook

From:

Sent:

To:

Subject:

Cleeland, Nancy

Thursday, May 12, 2011 12:15 PM

Solomon, Lafe E.; Garza, Jose; W agner, Anthony R.

interesting story...

http://blog.seattlepi.com/aerospace/2011/05/10/boeing-flips-stand-on-role-of-no-strike-deal-in-787-line/

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

1

NLRB-FOIA-00001477

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Garza, Jose

W ednesday, May 18, 2011 8:01 AM

Abruzzo, Jennifer

Solomon, Lafe E.; Mattina, Celeste J.

Re:

Yes. Let's talk when I get into the office. I should be in in 20.

From: Abruzzo, Jennifer

To: Garza, Jose

Cc: Solomon, Lafe E.; Mattina, Celeste J.

Sent: Wed May 18 07:52:52 2011

Subject:

Jose,

Have you heard anything about the below?

Jen

Issa's committee requested production of “all documents and communications referring or relating to the Office

of General Counsel's investigation of Boeing,” all documents and records of communications between “anyone”

in NLRB and IAM, and “all documents referring or relating to the Office of General Counsel's investigation of

union election laws in Arizona, South Carolina, South Dakota, and Utah.”

Issa's committee will apparently follow up after documents are produced by conducting a hearing on the Boeing

case. The Greenville News reported May 17 that Rep. Trey Gowdy (R-S.C.), a member of the committee, said

Issa has agreed to conduct a June field hearing in South Carolina on the Boeing complaint.

According to the newspaper account, Gowdy expects to question NLRB officials at the hearing, and promised

to ask them: “What were you thinking? Are you trying to intimidate South Carolina? Are you a shill for the

unions? Who put you up to this?”

An NLRB spokesperson told BNA May 17 the agency had not been advised of a Government Operations

Committee hearing or asked to participate.

1

NLRB-FOIA-00001478

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Garza, Jose

W ednesday, May 18, 2011 8:33 AM

Solomon, Lafe E.; Abruzzo, Jennifer

Mattina, Celeste J.

Re:

I am here and available at your convenience.

From: Solomon, Lafe E.

To: Garza, Jose; Abruzzo, Jennifer

Cc: Mattina, Celeste J.

Sent: Wed May 18 08:02:13 2011

Subject: Re:

I'm on my way.

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Garza, Jose

To: Abruzzo, Jennifer

Cc: Solomon, Lafe E.; Mattina, Celeste J.

Sent: Wed May 18 08:00:59 2011

Subject: Re:

Yes. Let's talk when I get into the office. I should be in in 20.

From: Abruzzo, Jennifer

To: Garza, Jose

Cc: Solomon, Lafe E.; Mattina, Celeste J.

Sent: Wed May 18 07:52:52 2011

Subject:

Jose,

Have you heard anything about the below?

Jen

Issa's committee requested production of “all documents and communications referring or relating to the Office

of General Counsel's investigation of Boeing,” all documents and records of communications between “anyone”

in NLRB and IAM, and “all documents referring or relating to the Office of General Counsel's investigation of

union election laws in Arizona, South Carolina, South Dakota, and Utah.”

Issa's committee will apparently follow up after documents are produced by conducting a hearing on the Boeing

case. The Greenville News reported May 17 that Rep. Trey Gowdy (R-S.C.), a member of the committee, said

Issa has agreed to conduct a June field hearing in South Carolina on the Boeing complaint.

According to the newspaper account, Gowdy expects to question NLRB officials at the hearing, and promised

to ask them: “What were you thinking? Are you trying to intimidate South Carolina? Are you a shill for the

unions? Who put you up to this?”
1

NLRB-FOIA-00001479

An NLRB spokesperson told BNA May 17 the agency had not been advised of a Government Operations

Committee hearing or asked to participate.

2

NLRB-FOIA-00001480

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Garza, Jose

W ednesday, May 18, 2011 8:42 AM

Solomon, Lafe E.; Abruzzo, Jennifer

Mattina, Celeste J.

Re:

Yes sir. Will do.

From: Solomon, Lafe E.

To: Garza, Jose; Abruzzo, Jennifer

Cc: Mattina, Celeste J.

Sent: Wed May 18 08:36:43 2011

Subject: Re:

How about coming down in 10 minutes?

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Garza, Jose

To: Solomon, Lafe E.; Abruzzo, Jennifer

Cc: Mattina, Celeste J.

Sent: Wed May 18 08:32:42 2011

Subject: Re:

I am here and available at your convenience.

From: Solomon, Lafe E.

To: Garza, Jose; Abruzzo, Jennifer

Cc: Mattina, Celeste J.

Sent: Wed May 18 08:02:13 2011

Subject: Re:

I'm on my way.

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Garza, Jose

To: Abruzzo, Jennifer

Cc: Solomon, Lafe E.; Mattina, Celeste J.

Sent: Wed May 18 08:00:59 2011

Subject: Re:

Yes. Let's talk when I get into the office. I should be in in 20.

From: Abruzzo, Jennifer

To: Garza, Jose

Cc: Solomon, Lafe E.; Mattina, Celeste J.
1

NLRB-FOIA-00001481

Sent: Wed May 18 07:52:52 2011

Subject:

Jose,

Have you heard anything about the below?

Jen

Issa's committee requested production of “all documents and communications referring or relating to the Office

of General Counsel's investigation of Boeing,” all documents and records of communications between “anyone”

in NLRB and IAM, and “all documents referring or relating to the Office of General Counsel's investigation of

union election laws in Arizona, South Carolina, South Dakota, and Utah.”

Issa's committee will apparently follow up after documents are produced by conducting a hearing on the Boeing

case. The Greenville News reported May 17 that Rep. Trey Gowdy (R-S.C.), a member of the committee, said

Issa has agreed to conduct a June field hearing in South Carolina on the Boeing complaint.

According to the newspaper account, Gowdy expects to question NLRB officials at the hearing, and promised

to ask them: “What were you thinking? Are you trying to intimidate South Carolina? Are you a shill for the

unions? Who put you up to this?”

An NLRB spokesperson told BNA May 17 the agency had not been advised of a Government Operations

Committee hearing or asked to participate.

2

NLRB-FOIA-00001482

Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

morningreport@meltwaternews.com

Monday, May 30, 2011 8:10 AM

Garza, Jose

187 articles from Meltwater News

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News Report from Meltwater News

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to the top

163 denied HSE posts after failing garda vetting

Irish Examiner.com – 05/29/11 20:08 –

Words matched: Brian Hayes

MORE than 160 people set to work with vulnerable patients in hospitals, nursing

homes and other facilities were blocked from taking up posts after garda checks.

...vulnerable elderly people. Last June, then Fine Gael education spokesman Brian

Hayes now Minister of State for Public Service Reform said the garda...

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Killer driver Trent Nathan King adds to families' pain

Herald Sun – 05/29/11 10:00 –

Words matched: Mark Pearce

A JAILED killer driver is taking his bid for freedom to the High Court.

...Transport Accident Commission's no-fault insurance scheme. Ashley's dad, Mark

Pearce, said he was "shattered" to hear King had gone to the High...

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Adare’s Abbey walls in need of urgent repair

Limerick Leader – 05/29/11 09:00 –

Words matched: Brian Hayes

MOVES to preserve the ruins of the 15th century Franciscan Friary in Adare will take

a small step forward next month. MOVES to preserve the ruins of the 15th century

Franciscan Friary in Adare will take a small step forward next month.

...next month. The Minister responsible for the Office of Public Works , Brian Hayes

is expected to visit the site within the next few weeks and...

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Obama official ordered labor board to pull rebuke of GOP budget

The Hill – 05/29/11 07:40 –

Words matched: Lafe Solomon, Wilma Liebman

The Office of Management and Budget (OMB) had an independent agency take

down a stinging press release aimed at the House Republicans' budget proposal,

according to a newly released document.

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1

NLRB-FOIA-00001483

...Ananthanayagam in the e-mail. The press release quoted NLRB Chairwoman

Wilma Liebman and Lafe Solomon , the board s acting general counsel , as...

Senators must rise to reform challenge

Sunday Business Post – 05/29/11 04:30 –

1 other source (Sunday Business Post Online)

Words matched: Brian Hayes

The 24th Seanad, just inaugurated, has an opportunity to adopt a motto. They could

do a lot worse than go back to Horace for his ‘Carpe diem - Seize the day’.

...the House, I headed the group that drew up this report, along with Brian Hayes ,

John Dardis and Joe O Toole. Even a quick reading would make...

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Roubini Says Banks to Plunge Irish Into ‘Disastrous' Crisis

Bloomberg Businessweek – 05/28/11 23:25 –

Words matched: Brian Hayes

(Adds Roubini detail in last paragraph.) May 27 (Bloomberg) -- Ireland may be

plunged into a a “disastrous” sovereign debt crisis within three years as the cost of

rescuing its banks mounts, Nouriel Roubini, who predicted the global financial crisis,

said.

...and plans to cut 1,000 jobs over the next two years. Yield Brian Hayes , a junior

minister in the Irish government, said the government isn't...

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On the agenda

The Journal Times Online (AP) – 05/28/11 18:00 –

Words matched: Craig Becker

Summer officiating clinics The Prairie School is hosting summer officiating clinics in

volleyball, basketball and soccer. The clinics will be taught by WIAA officials.

UW-Parkside coach Jim Koch, assistant coaches Gregg Lewis and Craig Becker

and some of the Parkside wrestlers will provide the instruction . Camp...

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Conservative Media Mangle Memo To Attack The NLRB

Media Matters for America – 05/28/11 13:06 –

Words matched: Lafe Solomon, Wilma Liebman, Craig Becker

Conservative media outlets are deriding a memo recently released by the National

Labor Relations Board, claiming that it "shows that the board wants to give unions

much greater power over employers and their investment and management

decisions.

...Daily Labor Report: On March 31, Liebman agreed with Board Members Craig

Becker and Brian E. Hayes that a telephone service company was not required...

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Union-Controlled NLRB Unleashes Union Rats on Company Suppliers and

Customers

RedState – 05/28/11 08:00 –

Words matched: Craig Becker, Wilma B. Liebman, Mark Pearce

Meet ‘Scabby the Rat.’ Over the last 20 years, Scabby and his fellow inflatable

rodents have become icons in the world of union protests. With their big, beady red

and rubber fangs, unions have found Scabby to be a reliable symbol to protest the

use of non-union labor on construction projects.

...inflatable rat balloon falls on that continuum. The Board majority Chairman Wilma

B. Liebman and Members Craig Becker and Mark Pearce found that...

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NTMA staff received bonuses in 2010

Rte.ie – 05/28/11 03:11 –

Words matched: Brian Hayes

Some staff at the National Treasury Management Agency received bonus payments

last year.

...€330,000. The Minister of State at the Department of Finance Brian Hayes said he

welcomed the move by senior management, but said it was worrying...

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Ireland may face ‘disastrous’ sovereign debt crisis

Irish Examiner.com – 05/27/11 21:32 –

Words matched: Brian Hayes

IRELAND may be plunged into a "disastrous" sovereign debt crisis within three years

as the cost of rescuing its banks mounts, Nouriel Roubini, who predicted the global

financial crisis, said.

...plans to cut 1,000 jobs over the next two years. Junior Minister Brian Hayes said

the Government isn t seeking "at this point in time" to lengthen...

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An eloquent reminder of the value of political oratory

Irish Times – 05/27/11 20:17 –

Words matched: Brian Hayes

INSIDE POLITICS: Barack Obama’s stellar performance on his visit here underlined

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2

NLRB-FOIA-00001484

the importance for morale of leaders’ rhetoric, writes DEAGLAN de BREADUN

MANY OF us have had the experience of those sporting occasions where a few

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players are tossing a ball around at a practice session when somebody

...of themselves, notably Pat Rabbitte, Brian Lenihan, Pearse Doherty, Brian Hayes ,

Joan Burton, Alan Shatter, Eoghan Harris and Luke Ming Flanagan .

Financial bodies' bonus details revealed

Rte.ie – 05/27/11 18:15 –

Words matched: Brian Hayes

Some staff at the National Treasury Management Agency' received bonus payments

last year.

...€900,000. The Minister of State at the Department of Finance Brian Hayes has

said he finds it worrying that bonuses are still being paid . However ,

Translate

The PJ Tatler » Great news: Unions have a legal right to masquerade as giant

rats

Pajamas Media – 05/27/11 16:10 –

Words matched: Craig Becker

Great news: Unions have a legal right to masquerade as giant rats Or, display giant

inflatable rats to pester businesses. Whatever. Federal regulators say union activists

have the legal right to display giant inflatable rats outside companies during labor

disputes.

...Board, a board that includes the recess appointed union lawyer Craig Becker and

is currently waging an unprecedented attack on Boeing, agrees...

Translate

Nominations Submitted to the Senate [Daily Compilation of Presidential

Documents]

TMCnet.com – 05/27/11 12:59 –

Words matched: Craig Becker

(Daily Compilation of Presidential Documents Via Acquire Media NewsEdge) May

13, 2011 The following list does not include promotions of members of the Uniformed

Services, nominations to the Service Academies, or nominations of Foreign Service

Officers.

...remainder of the term expiring September 19, 2011, vice Ron Silver. Craig

Becker, of Illinois, to be a member of the National Labor Relations ...

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Vitter, DeMint Urge House to Block Controversial Recess Appointments

PYMNTS.com – 05/27/11 09:38 –

Words matched: Craig Becker

(Washington, D.C) – U.S. Sen. David Vitter (R-LA), Jim DeMint (R-SC) and 18 other

senators today sent a letter to Speaker of the House John Boehner asking him not to

pass the Senate’s adjournment resolution in order to block recess appointments by

the Obama Administration.

...of Elizabeth Warren to head the Consumer Financial Protection Bureau and Craig

Becker to head the National Labor Relations Board. Obama has a...

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Minister indicates too early to give funding commitment for Barracks

Shannonside – 05/27/11 08:54 –

Words matched: Brian Hayes

The Minister for State Brian Hayes says it's too early to make any funding

commitment to Connolly Barracks in Longford. The Minister for State for Public

Service Reform and the Office of Public Works took a tour of the property yesterday

at the invitation of Longford Westmeath Deputy James Bannon.

...indicates too early to give funding commitment for Barracks The Minister for State

Brian Hayes says it's too early to make any funding commitment to...

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Senate Republicans Block Prospect of Warren’s Consumer Board

Appointment

Bloomberg – 05/27/11 04:00 –

Words matched: Craig Becker

Republicans used the threat of a procedural blockade to make sure President Barack

Obama wouldn’t be able to make recess appointments while the U.S. Senate is on a

break next week, including naming Elizabeth Warren to head the Consumer

Financial Protection Bureau.

...said they were worried that Obama might grant recess appointments to Craig

Becker, who the president has nominated to join the National Labor...

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Committee requests NLRB documents about Boeing, unions

Columbia Regional Business Report – 05/26/11 13:18 –

Words matched: Lafe Solomon

The House Oversight Committee is requiring the National Labor Relations Board to

hand over documents by Friday about its complaint against Boeing Co. and its

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investigation of union election laws in four states — including South Carolina.

R-Fla., and Trey Gowdy, R-S.C., sent Lafe Solomon , acting general council of the

NLRB, a letter May 12 requesting four categories of information :

NLRA - Additional US Mentions

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American labor's last stand

Sarasota Herald-Tribune – 05/30/11 01:00 –

Words matched: National Labor Relations Act

WASHINGTON This is a maddening time for anyone concerned about the lives of

working-class Americans. The frustration and anger that suffused AFL-CIO President

Richard Trumka's declaration last week that labor would distance itself from the

Democratic Party was both clear and widely noted.

...reprisals. American business has poked so many holes in the 1935 National

Labor Relations Act that it now affords workers no protections at all .

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Paul F. deLespinasse: The trouble with ‘illegal intentions’

Daily Telegram – 05/28/11 16:40 –

Words matched: National Labor Relations Act

The National Labor Relations Board (NLRB) is trying to prevent Boeing from opening

a new factory in South Carolina. It claims that Boeing is retaliating against unions at

its plants in Seattle.

...it has acted illegally. This process got its start when the National Labor Relations

Act was enacted in the 1930s. Employers were still free...

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Multi-pocket Electron Gun Deposition System

Federal Business Opportunities – 05/28/11 13:27 –

Words matched: National Labor Relations Act

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-

STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR

COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION

INCLUDED IN THIS NOTICE.

...Eligible Veterans; 52.222-40, Notification of Employee Rights under the National

Labor Relations Act; 52.223-18, Contractor Policy to Ban Text...

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Boeing

Columbia Daily Tribune – 05/28/11 03:07 –

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

relations

Did it violate the law?

...argument between Boeing, the aircraft maker, and the National Labor Relations

Board. The board accuses Boeing of interfering with, restraining ...

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Labor's last stand

Daily Camera (AP) – 05/28/11 03:00 –

Words matched: National Labor Relations Act

WASHINGTON -- This is a maddening time for anyone concerned about the lives of

working-class Americans. The frustration and anger that suffused AFL-CIO President

Richard Trumka's declaration last week that labor would distance itself from the

Democratic Party was both clear and widely noted.

...reprisals. American business has poked so many holes in the 1935 National

Labor Relations Act that it now affords workers no protections at all .

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5 Considerations for Hospitals Facing Union Organization

Becker's Hospital Review – 05/27/11 16:45 –

Words matched: National Labor Relations Act

The healthcare industry seems to be bucking a national trend of declining

unionization. Some workers apparently find union membership more attractive when

they are concerned about job security or working conditions, two issues that

emerged in the recent economic downturn when hospitals had to deal w

...unionization. This language must be carefully crafted, however, because the

National Labor Relations Act limits what employers can say and how they can

say...

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Committee requests NLRB documents about Boeing, unions

Columbia Regional Business Report – 05/26/11 13:18 –

Words matched: National Labor Relations Act

The House Oversight Committee is requiring the National Labor Relations Board to

hand over documents by Friday about its complaint against Boeing Co. and its

investigation of union election laws in four states — including South Carolina.

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...reserves the right to sue later. Solomon said that the National Labor Relations

Act gives private-sector employees two options for organizing .

Labor’s last stand

Sun Herald – 05/26/11 08:32 –

Words matched: National Labor Relations Act

This is a maddening time for anyone concerned about the lives of working-class

Americans. The frustration and anger that suffused AFL-CIO President Richard

Trumka’s declaration last week that labor would distance itself from the Democratic

Party was both clear and widely noted.

...reprisals. American business has poked so many holes in the 1935 National

Labor Relations Act that it now affords workers no protections at all .

NLRA - Blog Mentions

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Recently Published Scholarship: FIU Symposium on NLRA

Workplace Prof Blog – 05/29/11 12:08 –

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

FIU Law Review Volume 5, Spring 2010 R. Alexander Acosta, Rebuilding the Board:

An Argument for Structural Change, Over Policy Prescriptions, at the NLRB, p.

Recently Published Scholarship: FIU Symposium on NLRA FIU Law Review Volume

5, Spring 2010 R. Alexander Acosta, Rebuilding the Board: An Argument ...

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Union-Controlled NLRB Unleashes Union Rats on Company Suppliers and

Customers

Big Government – 05/28/11 15:01 –

Words matched: National Labor Relations Act

Meet ‘Scabby the Rat.’ Over the last 20 years, Scabby and his fellow inflatable

rodents have become icons in the world of union protests. With their big, beady red

and rubber fangs, unions have found Scabby to be a reliable symbol to protest the

use of non-union labor on construction projects.

...union lawyers at the NLRB justified their decision by stating: The National Labor

Relations Act prohibits conduct found to threaten , coerce, or...

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Protection for the Rat

Workplace Prof Blog – 05/27/11 12:41 –

Words matched: National Labor Relations Act

Following the NLRB's recent protection for union banners, that ruling has now been

extended to inflatable rats. In Brandon Regional Medical Center, the NLRB (3-1)

concluded that use of an inflatable rat was not unlawful, coercive secondary

pressure.

...stationary banners at secondary employer locations was not unlawful . The

National Labor Relations Act prohibits conduct found to threaten, coerce ,

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Inflatable rat gets NLRB’s blessing

Long Island Business News – 05/27/11 10:37 –

Words matched: National Labor Relations Act

A labor union had a constitutional right to use a 16-foot inflatable rat to call attention

to the use of non-union contractors by a neutral third party, the National Labor

Relations Board ruled Thursday.

...unmistakably confrontational and coercive. Persuasion vs. intimidation Under the

National Labor Relations Act, labor unions can seek to persuade neutral...

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NLRA - International Mentions

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The absurdist comedy of US labour laws

Financial Times Print Edition (Europe) – 05/30/11 03:25 –

2 other sources (Financial Times Print Edition (UK), Financial Times Print Edition

(Asia))

Words matched: National Labor Relations Act

Clive Crook Clive Crook Now and then one is struck by the antediluvian quality of

labour relations in the US. The confrontational rhetoric and negative-sum bargaining

of some US unions, warmly endorsed by progressive intellectuals and the New York

Times, is straight from the Arthur Scargill handbo

"The Board has repeatedly held that an employer violates [the National Labor

Relations Act of 1935] by threatening that employees will lose their...

NLRA - Major Outlets

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NLRB-FOIA-00001487

Conservative Media Mangle Memo To Attack The NLRB

Media Matters for America – 05/28/11 13:06 –

Words matched: Labor Relations, NLRA

Conservative media outlets are deriding a memo recently released by the National

Labor Relations Board, claiming that it "shows that the board wants to give unions

much greater power over employers and their investment and management

decisions.

...Conservative media outlets are deriding a memo recently released by the National

Labor Relations Board, claiming that it "shows that the board wants...

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Union-Controlled NLRB Unleashes Union Rats on Company Suppliers and

Customers

RedState – 05/28/11 08:00 –

Words matched: National Labor Relations Act

Meet ‘Scabby the Rat.’ Over the last 20 years, Scabby and his fellow inflatable

rodents have become icons in the world of union protests. With their big, beady red

and rubber fangs, unions have found Scabby to be a reliable symbol to protest the

use of non-union labor on construction projects.

...union lawyers at the NLRB justified their decision by stating: The National Labor

Relations Act prohibits conduct found to threaten , coerce, or...

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The short-sighted attack on collective bargaining - The Angle

Boston Globe Blogs – 05/28/11 03:30 –

Words matched: National Labor Relations Act

By David Weil Getting rid of collective bargaining rights for public sector unions may

seem like a tempting strategy for state lawmakers seeking to solve their budget

woes.

...fact, was drafted in order to serve this purpose. The National Labor Relations Act

(establishing collective bargaining in the private sector )

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Smith contemplating permanent decertification

Yahoo! Sports – 05/27/11 09:18 –

Words matched: National Labor Relations Act

Topics in this article: Lies Search Julio Cal Lyric BETHESDA, Md. – Back in March of

2009, when he was elected to succeed the late Gene Upshaw as the NFL Players

Association’s executive director, DeMaurice Smith considered himself the ultimate

union man.

...respective states in which their teams were headquartered, rather than by the

National Labor Relations Act. You have to keep in mind that a collective...

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NLRB - Additional US Mentions

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Saint John's, Santa Monica, RNs Vote by 64 Percent to Join California Nurses

Association, Culminatin

PR-USA – 05/30/11 01:41 –

Words matched: National Labor Relations Board

Culminating years of efforts to win union representation to improve patient care,

registered nurses at Saint John's Health Center in Santa Monica Thursday night

voted by 64 percent to join the California Nurses Association/National Nurses United,

the state and nation's pre-eminent organization of RN

...22 challenges in a hard fought secret ballot election conducted by the National

Labor Relations Board. CNA/NNU will represent 500 RNs at the...

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Union Ponders Labor Charges

The Press-Enterprise (AP) – 05/29/11 14:39 –

Words matched: National Labor Relations Board

American Guild of Musical Artists said it would consider filing unfair labor practice

charges with the National Labor Relations Board against New York City Opera after

that company’s board voted on Friday to cut staffing and move from its Lincoln.

...it would consider filing unfair labor practice charges with the National Labor

Relations Board against New York City Opera after that company ...

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Singers' Union to Opera: Halt

The Press-Enterprise (AP) – 05/29/11 14:38 –

Words matched: National Labor Relations Board

...production personnel on Thursday filed unfair labor practice charges with the

National Labor Relations Board , a move that has the potential to...

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Corporations wined, dined

THonline.com – 05/29/11 11:39 –

Words matched: National Labor Relations Board

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States use everything in their arsenals to attract businesses.

...Charleston. Boeing's $750 million investment is under fire from the National Labor

Relations Board's acting general counsel, who filed a complaint in...

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Understanding the psychology of business

Chillicothe Gazette – 05/29/11 08:50 –

Words matched: NLRB

"The business of America is business." With the latest controversy created by the

National Relations Labor Board about Boeing's desire to open a nonunion plant in

South Carolina, many commentators are discussing the psychological effect on other

businesses.

...is the double whammy against businesses. Boeing and the NLRB controversy just

adds confirmation to the speculations that conditions continue...

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NLRB rules that large inflatable rat balloons are acceptable in union protests

(Daily Caller)

Rocket News – 05/29/11 07:29 –

Words matched: National Labor Relations Board, NLRB

The National Labor Relations Board (NLRB) ruled on Thursday that labor unions

should have the right to display 16-foot, rat-shaped balloons outside businesses with

which they disagree.

NLRB rules that large inflatable rat balloons are acceptable in union protests (Daily

Caller) The National Labor Relations Board ( NLRB ) ruled...

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CNN poll: Giuliani would win the Republican nomination (Daily Caller)

Rocket News – 05/29/11 07:29 –

Words matched: NLRB

Former New York City Mayor Rudy Giuliani would win the Republican nomination for

president if he sought the office — at least according to a new CNN poll released

Friday.

...Caller CNN poll: Giuliani would win the Republican nomination NLRB rules that

large inflatable rat balloons are acceptable in union protests ...

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U.S. - Grocery Store Cleaners Enter Day 7 of Hunger Strike

Axis of Logic – 05/28/11 19:46 –

Words matched: National Labor Relations Board

Irate workers have staged a hunger strike for five days on the public sidewalk in front

of Cub Foods at 2850 26th Avenue South, Minneapolis (near Lake St.

...the workers, he said. Charges have been filed with the National Labor Relations

Board stating that Cub Foods and Carlson unfairly fired Colloly...

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Hotel Frank Picket Line

Indy Bay – 05/28/11 19:36 –

Words matched: National Labor Relations Board

START DATE: Wednesday June 01 TIME: 3:00 PM - 5:30 PM Location Details:

Hotel Frank Geary and Mason San Francisco Event Type: Protest Join the Picket

Line at Hotel Frank Every Wednesday, 3pm to 5:30pm Every Friday, 1pm to 5:30pm

Workers at Hotel Frank have been under attack since Wells Fargo f

...and other workers, and has fired Union organizers. The National Labor Relations

Board recently prosecuted the hotel for violating federal labor...

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Paul F. deLespinasse: The trouble with ‘illegal intentions’

Daily Telegram – 05/28/11 16:40 –

Words matched: National Labor Relations Board, NLRB

The National Labor Relations Board (NLRB) is trying to prevent Boeing from opening

a new factory in South Carolina. It claims that Boeing is retaliating against unions at

its plants in Seattle.

Paul F. deLespinasse: The trouble with illegal intentions The National Labor

Relations Board (NLRB ) is trying to prevent Boeing from opening...

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New You Won't Hear from Save KPFA and KPFA Worker

Indy Bay – 05/28/11 15:25 –

Words matched: National Labor Relations Board

In a publicly posted memo issued on April 18th, a regional director of the National

Labor Relations Board advised the National Labor Relations Board the complaint

filed by CWA Local 9415 alleging improper behavior and violations of the bargaining

agreement by the Pacifica Foundation was completely w

...memo issued on April 18th, a regional director of the National Labor Relations

Board advised the National Labor Relations Board the complaint...

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Gingrich: Tie debt ceiling to Boeing union fight

The State – 05/28/11 13:35 –

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6 other sources (The Bellingham Herald (AP), ABC News 4, ...)

Words matched: National Labor Relations Board

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Republican presidential candidate Newt Gingrich is raising the ante on the fight

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between Boeing and the National Labor Relations Board. Gingrich said Friday that

Congress should cut funding for the Labor Relations Board and tie that move to an

upcoming measure increasing the nation’s debt limit.

...is raising the ante on the fight between Boeing and the National Labor Relations

Board. Gingrich said Friday that Congress should cut funding...

Union-Controlled NLRB Unleashes Union Rats on Company Suppliers and

Customers

Daylife – 05/28/11 09:11 –

Words matched: NLRB

Meet ‘Scabby the Rat.’ Over the last 20 years, Scabby and his fellow inflatable

rodents have become icons in the world of union protests. With their big, beady red

and rubber fangs, unions have found Scabby to be a reliable symbol to protest the

use of.

Union-Controlled NLRB Unleashes Union Rats on Company Suppliers and

Customers Meet Scabby the Rat. Over the last 20 years, Scabby and his fellow...

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Gingrich weighs in on Boeing dispute

Post and Courier (AP) – 05/28/11 01:25 –

Words matched: National Labor Relations Board, NLRB

COLUMBIA -- Former House Speaker Newt Gingrich on Friday raised the ante on

the fight between Boeing and the National Labor Relations Board, an emerging issue

in this key early-primary state.

...Gingrich on Friday raised the ante on the fight between Boeing and the National

Labor Relations Board, an emerging issue in this key early-primary...

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NFL sees no need to open books to players: Goodell

WGN Radio – 05/28/11 00:45 –

6 other sources (The 33-KDAF-TV, Daily Press, ...)

Words matched: National Labor Relations Board, NLRB

RALEIGH, North Carolina (Reuters) - The NFL has no plans to open its financial

books to the players despite frequent requests, Commissioner Roger Goodell said.

for the last two years and a filing earlier this week with the NLRB said there was not

enough financial disclosure," he told Tennessee Titan ...

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The persecution of Boeing

Alice echo news journal – 05/28/11 00:17 –

Words matched: National Labor Relations Board

H.L. Mencken defined Puritanism as the haunting fear that someone, somewhere

may be happy. The National Labor Relations Board is haunted by the fear that a

company somewhere might be creating jobs with a nonunionized workforce.

...the haunting fear that someone, somewhere may be happy. The National Labor

Relations Board is haunted by the fear that a company somewhere might...

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Michael Barone - The rule of law, Chicago style

Laconia Daily Sun – 05/28/11 00:00 –

Words matched: National Labor Relations Board, NLRB

Question: What do the following have in common? Eckert Cold Storage Co., Kerly

Homes of Yuma, Classic Party Rentals, West Coast Turf Inc., Ellenbecker

Investment Group Inc.

...administration actions appear to violate the second. One example is the National

Labor Relations Board general counsel's action to prevent Boeing from...

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Gingrich wants union fight tied to debt limit

The Augusta Chronicle – 05/27/11 22:57 –

Words matched: National Labor Relations Board, NLRB

COLUMBIA --- Former House Speaker Newt Gingrich on Friday raised the ante on

the fight between Boeing Co. and the National Labor Relations Board, an emerging

issue in this key early-primary state.

...Friday raised the ante on the fight between Boeing Co. and the National Labor

Relations Board, an emerging issue in this key early-primary state .

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Union files complaint to stop move of NYC Opera

The Pottstown Mercury – 05/27/11 20:42 –

23 other sources (PBPulse, News10.net, ...)

Words matched: National Labor Relations Board

NEW YORK (AP) — A union has filed a federal complaint against the troubled New

York City Opera, saying the company's plans to move out of Lincoln Center after 45

years undermines the labor rights of the singers, dancers and stage crew members

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who work for the company.

...weeks per year. It filed a complaint on Thursday with the National Labor

Relations Board saying the opera should have negotiated any move with...

League sees no need to open books to players: Goodell

The US Daily – 05/27/11 20:27 –

1 other source (Reuters Canada)

Words matched: National Labor Relations Board, NLRB

RALEIGH, North Carolina (Reuters) - The NFL has no plans to open its financial

books to the players despite frequent requests, Commissioner Roger Goodell said.

for the last two years and a filing earlier this week with the NLRB said there was not

enough financial disclosure," he told Tennessee Titan ...

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Sanderson: Boeing complaint about fairness, not S.C. law

The State – 05/27/11 20:10 –

Words matched: National Labor Relations Board

Politicians and the media complain that the National Labor Relations Board’s

complaint against Boeing is an attack on South Carolina’s right-to-work law.

...S.C. law Politicians and the media complain that the National Labor Relations

Board s complaint against Boeing is an attack on South Carolina...

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Corporate America in a tizzy over labor board's Boeing order

Southern Studies – 05/27/11 18:42 –

Words matched: National Labor Relations Board, NLRB

By Jane Slaughter, Labor Notes When the National Labor Relations Board told

Boeing in April that it couldn't retaliate against workers who exercise their right to

strike, Republican lawmakers and the Chamber of Commerce reacted as if Stalin

himself had taken over the federal government.

...board's Boeing order By Jane Slaughter, Labor Notes When the National Labor

Relations Board told Boeing in April that it couldn't retaliate against...

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NLRB rules that large inflatable rat balloons are acceptable in union protests

The Press-Enterprise (AP) – 05/27/11 17:40 –

Words matched: National Labor Relations Board, NLRB

The National Labor Relations Board (NLRB) ruled on Thursday that labor unions

should have the right to display 16-foot, rat-shaped balloons outside businesses with

which they disagree.

NLRB rules that large inflatable rat balloons are acceptable in union protests The

National Labor Relations Board (NLRB ) ruled on Thursday that...

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Rights are in danger

Butler Eagle – 05/27/11 17:04 –

Words matched: National Labor Relations Board

Americans should mark May 13, 2011, on their calendar because that is the day

America, as we know it, died. When I heard on the morning news that the National

Labor Relations Board, a part of our government that was founded on life, liberty and

the pursuit of happiness, was suing Boeing for building

...we know it, died. When I heard on the morning news that the National Labor

Relations Board, a part of our government that was founded on life ,

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Labor's use of giant rat deemed legal

peoplesworld – 05/27/11 16:52 –

Words matched: National Labor Relations Board, NLRB

WASHINGTON - The labor movement's giant inflatable rat is legal, even at

demonstrations in front of secondary employers, ruled the National Labor Relations

Board May 26.

...legal, even at demonstrations in front of secondary employers, ruled the National

Labor Relations Board May 26. In a case involving Sheet Metal Workers...

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The PJ Tatler » Great news: Unions have a legal right to masquerade as giant

rats

Pajamas Media – 05/27/11 16:10 –

Words matched: National Labor Relations Board

Great news: Unions have a legal right to masquerade as giant rats Or, display giant

inflatable rats to pester businesses. Whatever. Federal regulators say union activists

have the legal right to display giant inflatable rats outside companies during labor

disputes.

...to display giant inflatable rats outside companies during labor disputes . The

National Labor Relations Board says putting up a 16-foot -tall rat...

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Union Files Complaint To Stop NYC Opera Move

Breaking News – 05/27/11 15:18 –

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Words matched: National Labor Relations Board

NEW YORK — A union has filed a federal complaint against the troubled New York

City Opera, saying the company’s plans to move out of Lincoln Center after 45 years

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undermines the labor rights of the singers, dancers and stage crew members who

work for the company.

...weeks per year. It filed a complaint on Thursday with the National Labor

Relations Board saying the opera should have negotiated any move with...

Digest of Other White House Announcements [Daily Compilation of

Presidential Documents]

TMCnet.com – 05/27/11 15:17 –

Words matched: National Labor Relations Board

(Daily Compilation of Presidential Documents Via Acquire Media NewsEdge) May

13, 2011 The following list includes the President's public schedule and other items

of general interest announced by the Office of the Press Secretary and not included

elsewhere in this Compilation.

...nominate Lafe E. Solomon to be General Counsel at the National Labor

Relations Board. The President announced his intention to nominate Terence...

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Collequy of U.S. Sens. Lamar Alexander, Rob Portman, John Hoeven, John

Barrasso, John Cornyn — Right-to-work Law

Canada Views – 05/27/11 15:08 –

Words matched: National Labor Relations Board, NLRB

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House Education and the Workforce Subcommittee on Health, Employment,

Labor and Pensions Hearing

Politics and Technology – 05/27/11 14:52 –

1 other source (TMCnet.com)

Words matched: National Labor Relations Board, NLRB

May 27, 2011 (Congressional Documents and Publications/ContentWorks via

COMTEX) -- WASHINGTON, D.C. | May 26, 2011 - Today we will examine the role

of the National Labor Relations Board in corporate campaigns.

May 26, 2011 - Today we will examine the role of the National Labor Relations

Board in corporate campaigns. I realize this is a general definition...

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League sees no need to open books to players, Goodell says

World News – 05/27/11 14:37 –

Words matched: NLRB

By Gene Cherry RALEIGH, North Carolina, May 27 (Reuters) - The NFL has no

plans to open its financial books to the players despite frequent requests,

Commissioner Roger Goodell said.

...so-called 'open books' for the last two years and a filing earlier this week with the

NLRB said there was not enough financial disclosure ," he...

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NFL sees no need to open books

Edmonton Sun – 05/27/11 13:47 –

4 other sources (Toronto Sun, 24 Hours Vancouver, ...)

Words matched: National Labor Relations Board, NLRB

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Saint John's, Santa Monica, RNs Vote by 64 Percent to Join California Nurses

Association, Culminating Long Campaign

Human Rights Today – 05/27/11 13:00 –

10 other sources (News Blaze, FinRoad - The financial market Network, ...)

Words matched: National Labor Relations Board

Saint John's RNs greeted the election victory with cheers and hugs. "This was the

most wonderful, one of the hardest things I've ever done. It was harder than giving

birth," said Saint John's RN Lori Hammond.

...22 challenges in a hard fought secret ballot election conducted by the National

Labor Relations Board. CNA/NNU will represent 500 RNs at the...

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Nominations Submitted to the Senate [Daily Compilation of Presidential

Documents]

TMCnet.com – 05/27/11 12:59 –

Words matched: National Labor Relations Board

(Daily Compilation of Presidential Documents Via Acquire Media NewsEdge) May

13, 2011 The following list does not include promotions of members of the Uniformed

Services, nominations to the Service Academies, or nominations of Foreign Service

Officers.

...expired. Terence Francis Flynn, of Maryland, to be a member of the National

Labor Relations Board for the term of 5 years expiring August 27, 2015 ,

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Senator Jim DeMint Talks About Union Thugs and their Attack on Boeing

Daylife – 05/27/11 12:02 –

Words matched: NLRB

On today’s edition of Coffee and Markets, Brad Jackson and Ben Domenech are

joined by Francis Cianfrocca and Senator Jim DeMint to discuss the attack on

Boeing by unions and the NLRB, their threat to Right to Work states and the debt

ceiling debate.

...Senator Jim DeMint to discuss the attack on Boeing by unions and the NLRB , their

threat to Right to Work states and the debt ceiling debate .

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White House Touts Regulatory Reform; Business Leaders, GOP Still Skeptical

Lucianne.com – 05/27/11 11:38 –

Words matched: National Labor Relations Board

The Obama administration is offering its plans for a "fundamental rethinking" of how

Washington operates, introducing a book-length plan to reduce federal regulations in

an effort to save American government and businesses time and money.

...of the government by expanding the powers of agencies like the National Labor

Relations Board, the Environmental Protection Agency and , most...

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Column of the day ...

Investor Village – 05/27/11 11:34 –

Words matched: NLRB

The White House and American businessDon't bully Boeing, Barack Want to prove

you are “pro-business”? Condemn a loony-left complaint against America’s biggest

exporter May 19, 2011 - The Economist IF YOU book a holiday and the flight is

cancelled, you may decide to use a different airline the next

...business-friendly one; at least, if the National Labour Relations Board (NLRB ) gets

its way. Under President Barack Obama, the federal agency charged...

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Peabody alleges Willow Lake coal miners coerced into joining UMWA

SNL Financial – 05/27/11 11:01 –

Words matched: National Labor Relations Board, NLRB

Peabody Energy Corp. said it filed objections with the National Labor Relations

Board alleging workers at its Willow Lake mine in Illinois were threatened and

coerced into joining the United Mine Workers of America in a recent election.

...UMWA Peabody Energy Corp. said it filed objections with the National Labor

Relations Board alleging workers at its Willow Lake mine in Illinois...

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Feds OK Union Display Of Giant Rats

Manufacturing.net – 05/27/11 10:42 –

Words matched: National Labor Relations Board

WASHINGTON (AP) -- Federal regulators say union activists have the legal right to

display giant inflatable rats outside companies during labor disputes.

...to display giant inflatable rats outside companies during labor disputes . The

National Labor Relations Board says putting up a 16-foot -tall rat...

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Union Files Complaint To Stop Move Of NYC Opera

Pollstar – 05/27/11 09:44 –

1 other source (WFTV Channel 9)

Words matched: National Labor Relations Board

| A union has filed a federal complaint against the troubled New York City Opera,

saying the company's plans to move out of Lincoln Center after 45 years undermines

the labor rights of the singers, dancers and stage crew members who work for the

company.

...weeks per year. It filed a complaint on Thursday with the National Labor

Relations Board saying the opera should have negotiated any move with...

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NFL: Court Must Honor Labor Law In Lockout Ruling

KFGO The Mighty 790 – 05/27/11 09:40 –

Words matched: National Labor Relations Board, NLRB

The NFL hasn't wavered in this message to its locked-out players: Get out of the

courts and come back to the bargaining table. NFL: Court Must Honor Labor Law In

Lockout Ruling MINNEAPOLIS (AP) -- The NFL hasn't wavered in this message to

its locked-out players: Get out of the courts and come back

...league filed previously an unfair labor charge against the players with the National

Labor Relations Board, claiming they didn't negotiate in good...

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Vitter, DeMint Urge House to Block Controversial Recess Appointments

PYMNTS.com – 05/27/11 09:38 –

Words matched: National Labor Relations Board, NLRB

(Washington, D.C) – U.S. Sen. David Vitter (R-LA), Jim DeMint (R-SC) and 18 other

senators today sent a letter to Speaker of the House John Boehner asking him not to

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pass the Senate’s adjournment resolution in order to block recess appointments by

the Obama Administration.

...the Consumer Financial Protection Bureau and Craig Becker to head the National

Labor Relations Board. Obama has a poor track record of appointing...

A Federal No-Fly Zone Over Texas?

Lucianne.com – 05/27/11 09:07 –

Words matched: NLRB

Proving that the extortionist tendencies of the Obama administration aren’t limited to

the NLRB’s suit against Boeing, the Department of Justice threatened the state of

Texas with a complete suspension of air travel in and out of that state if its Senate

approved HB 1937(snip) Authored by Representa

...extortionist tendencies of the Obama administration aren t limited to the NLRB s

suit against Boeing, the Department of Justice threatened the...

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Big Ridge, Inc. Requests New Election Following UMWA Election Misconduct

Investor Village – 05/27/11 08:57 –

1 other source (Investor Point)

Words matched: National Labor Relations Board, NLRB

ST. LOUIS, May 26, 2011 /PRNewswire via COMTEX/ -- Peabody Energy's Big

Ridge, Inc. subsidiary today filed objections with the National Labor Relations Board

(NLRB) and requested that a new election be held based on numerous instances of

intimidation and threats, coercion and fraudulent conduct aff

...Energy's Big Ridge, Inc. subsidiary today filed objections with the National Labor

Relations Board (NLRB ) and requested that a new election be held...

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Union Files Complaint To Stop NYC Opera Move Out Of Lincoln Center

Zmarter – 05/27/11 08:34 –

Words matched: National Labor Relations Board

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Will Boeing Blink in Labor Battle?

The Delaware County Daily Times – 05/27/11 05:01 –

Words matched: National Labor Relations Board, NLRB

EVERETT, Wash. (TheStreet) -- Boeing(BA) could resolve a conflict with the

National Labor Relations Board if it built 10 787s a month in Everett, but the

company has already invested $750 million in a new 787 line in South Carolina.

(TheStreet) -- Boeing(BA) could resolve a conflict with the National Labor Relations

Board if it built 10 787s a month in Everett, but the company...

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The Breakdown: Can the Government Protect Boeing's Workers?

The Nation – 05/27/11 03:01 –

Words matched: National Labor Relations Board, NLRB

The National Labor Relations Board (NLRB) recently filed a complaint against

Boeing for allegedly retaliating against its workers in Washington state for exercising

their statutory right to go on strike and collectively bargain.

...Breakdown: Can the Government Protect Boeing's Workers? The National Labor

Relations Board (NLRB ) recently filed a complaint against Boeing for...

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On the picket line

Workers World – 05/27/11 01:22 –

Words matched: National Labor Relations Board, NLRB

Calif. hospital workers nail CEO greed After the Salinas Valley Memorial Healthcare

System in California proposed belt-tightening measures — layoffs of 100 out of 900

workers and cuts to pensions and health benefits — during contract negotiations with

the Healthcare Workers union, NUHW launched a c

Metro D.C. AFL-CIO online newsletter, May 2) NLRB sues Arizona over anti-union

amendment The National Labor Relations Board has sued Arizona...

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NFL Capsules: League says court must honor labor law in lockout ruling

Brownsville Herald (AP) – 05/26/11 23:10 –

Words matched: National Labor Relations Board, NLRB

MINNEAPOLIS (AP) — The NFL hasn't wavered in this message to its locked-out

players: Get out of the courts and come back to the bargaining table. Reiterating that

mantra, lawyers for the league issued written arguments Thursday that a recent legal

response by players does not dispel "serious doubts"

...league filed previously an unfair labor charge against the players with the National

Labor Relations Board, claiming they didn't negotiate in good...

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Feds OK union display of giant rats

KTNV ABC – 05/26/11 22:56 –

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8 other sources (NBC 12 News, KSWT News 13, ...)

Words matched: National Labor Relations Board

Thursday, May 26, 2011 9:56 PM EST By SAM HANANEL Associated Press

WASHINGTON (AP) -- Federal regulators say union activists have the legal right to

display giant inflatable rats outside companies during labor disputes.

...to display giant inflatable rats outside companies during labor disputes . The

National Labor Relations Board says putting up a 16-foot -tall rat...

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NFL: Court must honor labor law in lockout ruling

ABC 40 KRHD-TV – 05/26/11 22:18 –

20 other sources (NBC 12 News, W MBFNews.com, ...)

Words matched: National Labor Relations Board, NLRB

Thursday, May 26, 2011 9:18 PM EST Updated: Friday, May 27, 2011 8:58 AM EST

By DAVE CAMPBELL AP Sports Writer MINNEAPOLIS (AP) - The NFL hasn't

wavered in this message to its locked-out players: Get out of the courts and come

back to the bargaining table.

...league filed previously an unfair labor charge against the players with the National

Labor Relations Board, claiming they didn't negotiate in good...

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New faces at Piggly Wiggly with conversion to franchises

The Journal Times Online (AP) – 05/26/11 17:55 –

Words matched: National Labor Relations Board

RACINE - Numerous new employee faces and distinctive black polo shirts signaled

the conversion this week of two local Piggly Wiggly stores to franchise stores.

...Food and Commercial Workers Local 1473 filed a charge with the National Labor

Relations Board accusing the company of unfair labor practices .

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Committee requests NLRB documents about Boeing, unions

Columbia Regional Business Report – 05/26/11 13:18 –

Words matched: National Labor Relations Board, NLRB

The House Oversight Committee is requiring the National Labor Relations Board to

hand over documents by Friday about its complaint against Boeing Co. and its

investigation of union election laws in four states — including South Carolina.

Committee requests NLRB documents about Boeing, unions The House Oversight

Committee is requiring the National Labor Relations Board to hand...

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Literacy in the Digital Age: Part V

The Press-Enterprise (AP) – 05/26/11 09:15 –

Words matched: National Labor Relations Board

Do I not create a profile, in which case people might think I have something to hide,

am boring, or at least a little creepy? How much is too much, or not enough, or the

right kind of private and public persona? The National Labor Relations Board has.

...little creepy? How much is too much, or not enough, or the right kind of private and

public persona? The National Labor Relations Board has...

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BPV workers strike over lack of a deal (With Video)

The Delaware County Daily Times – 05/26/11 04:59 –

Words matched: National Labor Relations Board

MARPLE — Carrying union flags and signs reading “Respect Your Caregivers” and

“Enough is Enough,” employees of Broomall Presbyterian Village conducted a one-

day strike Wednesday to protest the inability to negotiate a contract between the

facility and recently formed union.

...and charges were filed May 11 in the Philadelphia office of the National Labor

Relations Board. The two sides have held 15 negotiating sessions ,

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National Sports Briefs

Salisbury Post – 05/26/11 00:00 –

Words matched: National Labor Relations Board

Associated Press LOS ANGELES — The Los Angeles Lakers have reached an

agreement in principle with former Cleveland coach Mike Brown to succeed Phil

Jackson, the team said Wednesday.

...players' association filed an unfair labor charge against the league with the

National Labor Relations Board , a move it hopes could block a lockout .

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NLRB - Blog Mentions

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Recently Published Scholarship: FIU Symposium on NLRA

Workplace Prof Blog – 05/29/11 12:08 –

Words matched: NLRB

FIU Law Review Volume 5, Spring 2010 R. Alexander Acosta, Rebuilding the Board:

An Argument for Structural Change, Over Policy Prescriptions, at the NLRB, p.

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...Board: An Argument for Structural Change, Over Policy Prescriptions , at the

NLRB, p. 347. Samuel Estreicher, Improving the Administration of the National...

Midday open thread

Daily Kos – 05/29/11 01:00 –

Words matched: National Labor Relations Board

Tim Pawlenty, a milquetoast former governor of Minnesota, is a guy running for

president. That isn't anything worth caring about right now since he's never gotten

above 10% in the polls.

...to, says an administrative regulatory dispute between Boeing and the National

Labor Relations Board should destroy the credit of the United States...

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Union-Controlled NLRB Unleashes Union Rats on Company Suppliers and

Customers

Big Government – 05/28/11 15:01 –

Words matched: National Labor Relations Board, NLRB

Meet ‘Scabby the Rat.’ Over the last 20 years, Scabby and his fellow inflatable

rodents have become icons in the world of union protests. With their big, beady red

and rubber fangs, unions have found Scabby to be a reliable symbol to protest the

use of non-union labor on construction projects.

Union-Controlled NLRB Unleashes Union Rats on Company Suppliers and

Customers Meet Scabby the Rat. Over the last 20 years, Scabby and his fellow...

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GOP Forces Senate to Remain in Session Over Budget & Recess

Appointments

FoxNews America's Election HQ - Politics Blog – 05/27/11 21:07 –

Words matched: National Labor Relations Board

Though Republicans have been concerned for weeks that the Memorial Day recess

might present a ripe occasion for President Obama to exercise his power to grant

more recess appointments to nominees they oppose, Senate GOP Leader Mitch

McConnell, R-Ky, told reporters Friday that that was not the reason

...Consumer Financial Protection Bureau, or Craig Becker to lead the National

Labor Relations Board, which is currently embroiled in a union dispute...

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The Right To Display Inflatable Rats

J-Walk Blog – 05/27/11 19:04 –

Words matched: National Labor Relations Board

A decision has been reached: Fed says unions have legal right to display giants

inflatable rats during labor disputes. Federal regulators say union activists have the

legal right to display giant inflatable rats outside companies during labor disputes.

...to display giant inflatable rats outside companies during labor disputes . The

National Labor Relations Board says putting up a 16-foot -tall rat...

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Gingrich in S.C.: Boeing lawsuit proof of 'corrupting nature of big government'

The Hill – 05/27/11 17:51 –

Words matched: National Labor Relations Board, NLRB

Republican presidential candidate Newt Gingrich said Friday in a speech in crucial

2012 primary state South Carolina that the National Labor Relations Board's lawsuit

against Boeing was proof of big government's ability to destroy jobs.

...in a speech in crucial 2012 primary state South Carolina that the National Labor

Relations Board's lawsuit against Boeing was proof of big government's...

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The Score: As Cycling Drug Probe Intensifies, Armstrong Adds to Legal Team

The Am Law Daily – 05/27/11 16:46 –

Words matched: National Labor Relations Board

With a federal investigation of Lance Armstrong reportedly near completion, the

seven-time Tour de France winner is adding to his already formidable legal team.

...players' association filed an unfair labor charge against the league with the

National Labor Relations Board . Such a move is unlikely to block any future...

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Congressional Silliness Over the Memorial Day Recess

Time Magazine Blogs – 05/27/11 15:48 –

Words matched: National Labor Relations Board

Republicans, it seems, really didn’t want the Senate to break for Memorial Day

recess. Really, really, really didn’t want them to. Twenty House Republicans sent

their leaders a letter asking them not to approve any adjournment measure sent over

by the Senate – the Senate’s adjournment is usually OKe

...potential recess appointments by President Obama: Craig Becker to the National

Labor Relations Board and Elizabeth Warren to head the new consumer...

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Boeing’s Lowcountry Facility On Track

FITSNews – 05/27/11 15:25 –

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Words matched: National Labor Relations Board, NLRB

Boeing’s Lowcountry aircraft manufacturing facility is on track to begin assembling

Dreamliner aircraft in July 2011, company executives say. Boeing also announced

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that it would deliver its first Dreamliner to a paying customer sometime during the

third quarter of this year.

...market assault from U.S. President Barack Obama s appointees on the National

Labor Relations Board (NLRB ). Last month, the NLRB filed a complaint...

Protection for the Rat

Workplace Prof Blog – 05/27/11 12:41 –

Words matched: NLRB

Following the NLRB's recent protection for union banners, that ruling has now been

extended to inflatable rats. In Brandon Regional Medical Center, the NLRB (3-1)

concluded that use of an inflatable rat was not unlawful, coercive secondary

pressure.

Protection for the Rat Following the NLRB 's recent protection for union banners, that

ruling has now been extended to inflatable rats. In Brandon ...

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N.Y. City Opera Union Files Complaint Over Lincoln Center Move

The Chronicle of Philanthropy - Blog – 05/27/11 10:38 –

Words matched: National Labor Relations Board

A union that represents many New York City Opera workers filed a complaint with

federal regulators Thursday in a bid to block the organization’s planned departure

from Lincoln Center, says The New York Times.

...has refused to negotiate about it. The union is asking the National Labor

Relations Board to pursue an injunction barring the move . The financially...

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Inflatable rat gets NLRB’s blessing

Long Island Business News – 05/27/11 10:37 –

Words matched: National Labor Relations Board

A labor union had a constitutional right to use a 16-foot inflatable rat to call attention

to the use of non-union contractors by a neutral third party, the National Labor

Relations Board ruled Thursday.

...the use of non-union contractors by a neutral third party, the National Labor

Relations Board ruled Thursday. The 3-1 majority said the use of...

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Boeing Case: How Unions are Discouraging Companies to Set-up Business in

America?

Big Government – 05/27/11 09:27 –

Words matched: NLRB

There is no point in coming back to the chronology of the IAM-NLRB-Boeing case

nor to the underlying interests of some stakeholders in the SEIU – Sodexo case

anymore than we already did.

There is no point in coming back to the chronology of the IAM-NLRB -Boeing case

nor to the underlying interests of some stakeholders in the SEIU ...

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A Strike for Safety at the American Red Cross Blood Services Division

Daily Kos – 05/26/11 22:31 –

Words matched: National Labor Relations Board

Every one is aware of the disaster relief operations work of the American Red Cross

(ARC) in our country and around the world. And we all support that work.

...possible. This fight isn t just happening here in New Jersey. The National Labor

Relations Board has found that the Red Cross is guilty of violating...

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NFL: Court must honor labor law in lockout ruling

Wenpub2.com – 05/26/11 21:14 –

Words matched: National Labor Relations Board, NLRB

MINNEAPOLIS (AP) -- The NFL hasn't wavered in this message to its locked-out

players: Get out of the courts and come back to the bargaining table. Reiterating that

mantra, lawyers for the league issued written arguments Thursday that a recent legal

response by players does not dispel "serious doubt

...league filed previously an unfair labor charge against the players with the National

Labor Relations Board, claiming they didn't negotiate in good...

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NLRB - International Mentions

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Saint John's, Santa Monica, RNs Vote By 64 Percent To Join California Nurses

Association

MediLexicon – 05/30/11 04:24 –

Words matched: National Labor Relations Board

Culminating years of efforts to win union representation to improve patient care,

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registered nurses at Saint John's Health Center in Santa Monica Thursday night

voted by 64 percent to join the California Nurses Association/National Nurses United,

the state and nation's pre-eminent organization of RN

...22 challenges in a hard fought secret ballot election conducted by the National

Labor Relations Board. CNA/NNU will represent 500 RNs at the...

Monday Newspaper Review - Irish Business News and International Stories - -

May 30, 2011

Finfacts – 05/30/11 03:31 –

Words matched: National Labor Relations Board, NLRB

The Irish Independent reports that the Government last night scrambled to allay fears

that a second bailout is on the cards, following damaging comments by a cabinet

minister.

an administrative law judge is scheduled to hear a complaint by the National Labor

Relations Board, an arm of the federal government, against ...

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The absurdist comedy of US labour laws

Financial Times Print Edition (Europe) – 05/30/11 03:25 –

2 other sources (Financial Times Print Edition (UK), Financial Times Print Edition

(Asia))

Words matched: National Labor Relations Board, NLRB

Clive Crook Clive Crook Now and then one is struck by the antediluvian quality of

labour relations in the US. The confrontational rhetoric and negative-sum bargaining

of some US unions, warmly endorsed by progressive intellectuals and the New York

Times, is straight from the Arthur Scargill handbo

an administrative law judge is scheduled to hear a complaint by the National Labor

Relations Board, an arm of the federal government, against ...

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Union files complaint to stop move of NYC Opera

Sify – 05/29/11 09:00 –

Words matched: National Labor Relations Board

A union has filed a federal complaint against the troubled New York City Opera,

saying the company's plans to move out of Lincoln Center after 45 years undermines

the labor rights of the singers, dancers and stage crew members who work for the

company.

...weeks per year. It filed a complaint on Thursday with the National Labor

Relations Board saying the opera should have negotiated any move with...

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Feds OK union display of giant rats

Sify – 05/29/11 06:30 –

Words matched: National Labor Relations Board

Federal regulators say union activists have the legal right to display giant inflatable

rats outside companies during labor disputes. The National Labor Relations Board

says putting up a 16-foot-tall rat balloon is allowed even if the business is not directly

involved in the conflict between the un

...to display giant inflatable rats outside companies during labor disputes . The

National Labor Relations Board says putting up a 16-foot -tall rat...

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League sees ‘no need’ to open books to players

Gulf Times – 05/28/11 17:51 –

Words matched: National Labor Relations Board, NLRB

Reuters/Raleigh, North Carolina The NFL has no plans to open its financial books to

the players despite frequent requests, Commissioner Roger Goodell said.

...the last two years and a filing earlier this week with the NLRB said there was not

enough financial disclosure, he told Tennessee Titan fans ...

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球员工会痛斥联盟无礼行径 已向劳资委提起诉讼

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新民网 - 体育新闻 – 05/28/11 00:36 –

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1 other source (新闻中心 - 大洋网)

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Words matched: NLRB

国劳资关系委员会(简写为NLRB )提起诉讼,他们认为NBA联

Goodell: NFL no ve la necesidad de mostrar sus cuentas a los jugadores

Psicologia del Futbol – 05/27/11 16:12 –

Words matched: NLRB

La NFL no tiene planes en abrir sus libros financieros a los jugadores luego de

varias peticiones, así dijo el comisionado Roger Goodell. Los jugadores dicen que la

información es necesaria para evaluar comentarios acerca de que los gastos de la

liga no relacionados con los jugadores han incrementa

...libros abiertos durante los últimos dos años y temprano esta semana la NLRB dijo

que no había suficiente revelación financiera, Goodell le dijo a...

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Collequy of U.S. Sens. Lamar Alexander, Rob Portman, John Hoeven, John

Barrasso, John Cornyn — Right-to-work Law

Canada Views – 05/27/11 15:08 –

Words matched: National Labor Relations Board, NLRB

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League sees no need to open books to players, Goodell says

Sport - Guardian.co.uk – 05/27/11 14:00 –

Words matched: National Labor Relations Board, NLRB

By Gene Cherry RALEIGH, North Carolina, May 27 (Reuters) - The NFL has no

plans to open its financial books to the players despite frequent requests,

Commissioner Roger Goodell said.

for the last two years and a filing earlier this week with the NLRB said there was not

enough financial disclosure," he told Tennessee Titan ...

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NFL sees no need to open books

Edmonton Sun – 05/27/11 13:47 –

4 other sources (Toronto Sun, 24 Hours Vancouver, ...)

Words matched: National Labor Relations Board, NLRB

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Saint John's, Santa Monica, RNs Vote by 64 Percent to Join California Nurses

Association, Culminating Long Campaign

BioPortfolio – 05/27/11 12:53 –

8 other sources (Global Investor, Finanz Nachrichten.de, ...)

Words matched: National Labor Relations Board

{PR Newswire via BioPortfolio} SANTA MONICA, Calif., May 27, 2011 /PRNewswire/

-- Culminating years of efforts to win union representation to improve patient care,

registered nurses at Saint John's Health Center in Santa Monica Thursday night

voted by 64 percent to join the California Nurses Associ

...22 challenges in a hard fought secret ballot election conducted by the National

Labor Relations Board. CNA/NNU will represent 500 RNs at the...

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NFL sees no need to open books to players: Goodell

Yahoo! News Canada – 05/27/11 12:07 –

1 other source (Yahoo! Malaysia)

Words matched: National Labor Relations Board, NLRB

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League sees no need to open books to players: Goodell

Reuters Canada – 05/27/11 12:06 –

Words matched: National Labor Relations Board, NLRB

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Union Files Complaint To Stop NYC Opera Move Out Of Lincoln Center

Zmarter – 05/27/11 08:34 –

Words matched: National Labor Relations Board

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NBA Players File Labor Complaint Against League

CRI English – 05/25/11 22:09 –

Words matched: National Labor Relations Board

The NBA Players Association has accused the league of unfair labor practices in a

complaint filed with the National Labor Relations Board on Tuesday. The complaint

said the league had not bargained in good faith, made inflexible demands and had

bypassed the union to deal directly with players.

...the league of unfair labor practices in a complaint filed with the National Labor

Relations Board on Tuesday. The complaint said the league had...

NLRB - Major Outlets

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Obama official ordered labor board to pull rebuke of GOP budget

Newsvine – 05/29/11 14:29 –

1 other source (The Hill)

Words matched: National Labor Relations Board, NLRB

The Office of Management and Budget (OMB) had an independent agency take

down a stinging press release aimed at the House Republicans' budget proposal,

according to a newly released document.

...a Freedom of Information Act request, an OMB official told a National Labor

Relations Board (NLRB ) officer she should have checked before sending...

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Lockout is quickest way for league to ice red-hot fan interest: NBA Insider

Cleveland Plain Dealer – 05/29/11 03:35 –

Words matched: National Labor Relations Board

"You look at this postseason and the record numbers of people tuning in -- the

ratings are at an all-time high," he said. "We have new blood, new faces emerging in

the playoffs like Derrick Rose, a young star, and Kevin Durant.

...week filed an unfair labor practice charge against the NBA with the National Labor

Relations Board. Parker said he did not get advance notice...

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Unions need relocation data

The Columbus Dispatch (AP) – 05/29/11 03:14 –

Words matched: National Labor Relations Board, NLRB

WASHINGTON - Companies might have to give unions more information about

relocation plans under a proposal being considered by the National Labor Relations

Board, which is under fire for a case against Boeing.

...information about relocation plans under a proposal being considered by the

National Labor Relations Board , which is under fire for a case against...

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Should online comments about work, boss be grounds for dismissal?

Hartford Courant – 05/28/11 14:33 –

Words matched: National Labor Relations Board

Last year, Dawnmarie Souza was fired from an ambulance company, American

Medical Response of Connecticut Inc., because she called her supervisor a "jerk" on

Facebook.

...Facebook. A few weeks ago, with a little help from the National Labor Relations

Board, the company agreed to settle with Souza and make clear-cut...

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In Chamber of Commerce v. Whiting, the two dissenting opinions by Justices

Breyer and Sotomayor heavily rely on legislative history to understand

Congress’ intent. Chief Justice Roberts lays down a bit of a smackdown on the

pair with this stinging

Gather – 05/28/11 10:44 –

Words matched: NLRB

. ....... Chief Justice Roberts lays down a bit of a smackdown on the pair with this

stinging footnote benchslap : This is an Arizona Stale Law against "Illegal

Employers" .

545 U. S. 546, 568 (2005); see also Hoffman Plastic Compounds, Inc. v. NLRB , 535

U. S. 137, 149 150, n. 4 (2002). Whatever the usefulness of ...

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Gingrich: Tie debt ceiling to Boeing union fight in S.C.

CharlotteObserver.com – 05/28/11 02:00 –

Words matched: National Labor Relations Board

COLUMBIA Republican presidential candidate Newt Gingrich is raising the ante on

the fight between Boeing and the National Labor Relations Board. Gingrich said

Friday that Congress should cut funding for the board and tie that move to an

upcoming measure increasing the nation's debt limit.

...is raising the ante on the fight between Boeing and the National Labor Relations

Board. Gingrich said Friday that Congress should cut funding...

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Saint John's Santa Monica RNs Vote by 64 Percent to Join California Nurses

Association Culminating Long Campaign

Sacramento Business Journal – 05/28/11 01:29 –

2 other sources (Business Journals, San Francisco Business Times)

Words matched: National Labor Relations Board

SANTA MONICA Calif. May 27 2011 /PRNewswire/ -- Culminating years of efforts to

win union representation to improve patient care registered nurses at Saint John's

Health Center in Santa Monica Thursday night voted by 64 percent to join the

California Nurses Association/National Nurses United the sta

...22 challenges in a hard fought secret ballot election conducted by the National

Labor Relations Board. CNA/NNU will represent 500 RNs at the...

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LETTERS ;

LexisNexis – 05/27/11 22:40 –

Words matched: National Labor Relations Board, NLRB

Social Security proposal Regarding "Time to get real" (Page B11, May 17), this is a

proposal to permanently solve the existing SocialSecurity problem. The purpose is

not to recount, revisit or recriminate about the Social Security system.

...Regarding "Battling over Boeing" (Page B8, Sunday), the National Labor

Relations Board is attempting to prevent Boeing from producing some of its new...

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Newt Gingrich: Tie debt ceiling to Boeing union fight

Boston Herald (AP) – 05/27/11 20:28 –

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NLRB-FOIA-00001500

Words matched: National Labor Relations Board, NLRB

COLUMBIA, S.C. (AP) — Former House Speaker Newt Gingrich on Friday raised the

ante on the fight between Boeing Co. and the National Labor Relations Board, an

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emerging issue in this key early-primary state.

...Friday raised the ante on the fight between Boeing Co. and the National Labor

Relations Board, an emerging issue in this key early-primary state .

Gingrich: Tie debt ceiling to Boeing union fight

RealClearPolitics – 05/27/11 19:23 –

3 other sources (Seattlepi.com, The Associated Press, ...)

Words matched: National Labor Relations Board, NLRB

Jim Davenport Former House Speaker Newt Gingrich on Friday raised the ante on

the fight between Boeing Co. and the National Labor Relations Board, an emerging

issue in this key early-primary state.

...Friday raised the ante on the fight between Boeing Co. and the National Labor

Relations Board, an emerging issue in this key early-primary state .

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A Labor Strike Against Economic Reality

The Post Chronicle – 05/27/11 18:56 –

Words matched: National Labor Relations Board, NLRB

In 1977, Boeing was the target of a strike by the International Association of

Machinists and Aerospace Workers, which represents its workers in Puget Sound,

Wash.

which penalizes idleness. But apparently not. Last month, the National Labor

Relations Board, a federal agency, filed a complaint arguing that...

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NLRB | Inflatable Rat Balloons | Union Protests | The Daily Caller

Newsvine – 05/27/11 18:46 –

Words matched: National Labor Relations Board, NLRB

The National Labor Relations Board (NLRB) ruled on Thursday that labor unions

should have the right to display 16-foot, rat-shaped balloons outside businesses with

which they disagree.

NLRB | Inflatable Rat Balloons | Union Protests | The Daily Caller The National

Labor Relations Board (NLRB ) ruled on Thursday that labor unions...

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CNN poll: Giuliani would win the Republican nomination

Politics - Yahoo! News – 05/27/11 18:42 –

1 other source (Yahoo! News)

Words matched: NLRB

Former New York City Mayor Rudy Giuliani would win the Republican nomination for

president if he sought the office — at least according to a new CNN poll released

Friday.

...Caller CNN poll: Giuliani would win the Republican nomination NLRB rules that

large inflatable rat balloons are acceptable in union protests ...

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NLRB rules that large inflatable rat balloons are acceptable in union protests

Politics - Yahoo! News – 05/27/11 18:41 –

2 other sources (Daily Caller, Yahoo! News)

Words matched: National Labor Relations Board, NLRB

The National Labor Relations Board (NLRB) ruled on Thursday that labor unions

should have the right to display 16-foot, rat-shaped balloons outside businesses with

which they disagree.

NLRB rules that large inflatable rat balloons are acceptable in union protests The

National Labor Relations Board (NLRB ) ruled on Thursday that...

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The NBA Legal Playoffs

The Huffington Post – 05/27/11 17:46 –

Words matched: National Labor Relations Board

Now that the finals of the NBA playoffs are set -- Miami against Dallas -- we can

focus for a few weeks on high-quality professional basketball and try to ignore the

high-quality labor relations work going on in corporate offices in New York City.

wrongly reported in the press as a "complaint" -- with the National Labor Relations

Board's New York office, claiming bad faith bargaining on...

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Where Are The Obama Scandals?

Newsvine – 05/27/11 16:32 –

1 other source (Rasmussen Reports)

Words matched: National Labor Relations Board

Given Obama’s reputation for personal integrity, the controversy will likely concern

actions taken within the executive branch. Just as the Clinton-era GOP shifted from

an early focus on Whitewater to the Travel Office firings, “Filegate,” etc.

...allegations of an administration enemies list as a result of a National Labor

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19

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Relations Board complaint against Boeing; claims of favoritism in...

GOP Sen. Jim DeMint Goes Off: Obama Has Stocked NLRB With �Union

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Thugs��

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Free Republic – 05/27/11 15:35 –

Words matched: National Labor Relations Board, NLRB

Senator Jim DeMint, R-S.C., sat down for an interview with Coffee and Markets, a

podcast hosted by Brad Jackson and Ben Domenech. When asked about the

National Labor Relations Board's attempt to keep Boeing from building a factory in

his state, DeMint had some exceptionally harsh words for the NLRB:

GOP Sen. Jim DeMint Goes Off: Obama Has Stocked NLRB With Union Thugs

Senator Jim DeMint, R-S.C., sat down for an interview with Coffee and Markets ,

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Sen. Jim DeMint: President has Stocked NLRB with 'Union Thugs'

Free Republic – 05/27/11 15:35 –

Words matched: National Labor Relations Board, NLRB

Senator Jim DeMint, R-S.C., sat down for an interview with Coffee and Markets, a

podcast hosted by Brad Jackson and Ben Domenech. When asked about the

National Labor Relations Board's attempt to keep Boeing from building a factory in

his state, DeMint had some exceptionally harsh words for the NLRB:

Sen. Jim DeMint: President has Stocked NLRB with 'Union Thugs' Senator Jim

DeMint, R-S.C., sat down for an interview with Coffee and Markets ,

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NFL: Court must honor labor law in lockout ruling

USA Today – 05/27/11 14:03 –

4 other sources (San Francisco Chronicle, The Miami Herald, ...)

Words matched: National Labor Relations Board, NLRB

MINNEAPOLIS (AP) — The NFL hasn't wavered in this message to its locked-out

players: Get out of the courts and come back to the bargaining table. Reiterating that

mantra, lawyers for the league issued written arguments Thursday that a recent legal

response by players does not dispel "serious doubts"

...league filed previously an unfair labor charge against the players with the National

Labor Relations Board, claiming they didn't negotiate in good...

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NFL sees no need to open books to players: Goodell

Reuters Sports News – 05/27/11 13:05 –

2 other sources (Yahoo! News, FoxNews.com)

Words matched: National Labor Relations Board, NLRB

RALEIGH, North Carolina (Reuters) - The NFL has no plans to open its financial

books to the players despite frequent requests, Commissioner Roger Goodell said.

for the last two years and a filing earlier this week with the NLRB said there was not

enough financial disclosure," he told Tennessee Titan ...

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Saint John's, Santa Monica, RNs Vote by 64 Percent to Join California Nurses

Association, Culminating Long Campaign

Yahoo! Finance US – 05/27/11 12:08 –

Words matched: National Labor Relations Board

SANTA MONICA, Calif., May 27, 2011 /PRNewswire/ -- Culminating years of efforts

to win union representation to improve patient care, registered nurses at Saint John's

Health Center in Santa Monica Thursday night voted by 64 percent to join the

California Nurses Association/National Nurses United, th

...22 challenges in a hard fought secret ballot election conducted by the National

Labor Relations Board. CNA/NNU will represent 500 RNs at the...

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Senator Jim DeMint Talks About Union Thugs and their Attack on Boeing

RedState – 05/27/11 10:37 –

Words matched: NLRB

Download audio here Download Podcast | iTunes | Podcast Feed On today’s edition

of Coffee and Markets, Brad Jackson and Ben Domenech are joined by Francis

Cianfrocca and Senator Jim DeMint to discuss the attack on Boeing by unions and

the NLRB, their threat to Right to Work states and the debt cei

...Senator Jim DeMint to discuss the attack on Boeing by unions and the NLRB , their

threat to Right to Work states and the debt ceiling debate .

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Smith contemplating permanent decertification

Yahoo! Sports – 05/27/11 09:18 –

Words matched: National Labor Relations Board

Topics in this article: Lies Search Julio Cal Lyric BETHESDA, Md. – Back in March of

2009, when he was elected to succeed the late Gene Upshaw as the NFL Players

Association’s executive director, DeMaurice Smith considered himself the ultimate

union man.

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...system. The NFL has enunciated this argument in a complaint with the National

Labor Relations Board, charging that the NFLPA s move to decertify and...

Peabody demands new union election

St. Louis Business Journal – 05/27/11 08:45 –

Words matched: National Labor Relations Board, NLRB

Peabody Energy's Big Ridge Inc. subsidiary has filed objections with the National

Labor Relations Board and requested that a new election be held based "on

numerous instances of intimidation and threats coercion and fraudulent conduct"

affecting the recent United Mine Workers of America election at

...Energy's Big Ridge Inc. subsidiary has filed objections with the National Labor

Relations Board and requested that a new election be held based "on...

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NBA Finals begin: Dallas Mavericks @ Miami Heat

LexisNexis – 05/27/11 08:14 –

Words matched: National Labor Relations Board

NBA Finals begin: Dallas Mavericks @ Miami Heat. Matchup sees Mavs, led by high-

scoring German Dirk Nowitzki, chase a first NBA championship against 2006 winners

Heat, who boast three of the league's top players in LeBron James, Dwyane Wade,

and Chris Bosh.

...Jun, although the union filed an unfair labour charge with the National Labor

Relations Board late last month looking for an injunction against...

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NLRB continues its social media crusade

LexisNexis – 05/27/11 06:29 –

Words matched: NLRB

NLRB continues its social media crusade

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Senate Republicans Block Prospect of Warren’s Consumer Board

Appointment

Bloomberg – 05/27/11 04:00 –

Words matched: National Labor Relations Board

Republicans used the threat of a procedural blockade to make sure President Barack

Obama wouldn’t be able to make recess appointments while the U.S. Senate is on a

break next week, including naming Elizabeth Warren to head the Consumer

Financial Protection Bureau.

...appointments to Craig Becker, who the president has nominated to join the

National Labor Relations Board , and Warren, who Obama picked to set up...

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Isn't the law supposed to apply to everybody?

The Columbus Dispatch (AP) – 05/27/11 03:06 –

Words matched: National Labor Relations Board, NLRB

Question: What do the following have in common? Eckert Cold Storage Co., Kerly

Homes of Yuma, Classic Party Rentals, West Coast Turf Inc., Ellenbecker

Investment Group Inc.

...actions appear to violate the second. One example is the National Labor

Relations Board general counselâ s action to prevent Boeing from building...

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Peabody Demands New Union Election

The Street – 05/27/11 00:00 –

Words matched: National Labor Relations Board, NLRB

By St. Louis Business Journal Peabody Energy's Big Ridge Inc. subsidiary has filed

objections with the National Labor Relations Board and requested that a new

election be held based "on numerous instances of intimidation and threats, coercion

and fraudulent conduct" affecting the recent United Mine

...Energy's Big Ridge Inc. subsidiary has filed objections with the National Labor

Relations Board and requested that a new election be held based "on...

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Feds OK union display of giant rats

9News.com – 05/26/11 22:55 –

Words matched: National Labor Relations Board

WASHINGTON (AP) - Federal regulators say union activists have the legal right to

display giant inflatable rats outside companies during labor disputes.

...to display giant inflatable rats outside companies during labor disputes . The

National Labor Relations Board says putting up a 16-foot -tall rat...

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Union files complaint to stop move of NYC Opera

9News.com – 05/26/11 21:56 –

1 other source (CharlotteObserver.com)

Words matched: National Labor Relations Board

NEW YORK (AP) - A union has filed a federal complaint against the troubled New

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York City Opera, saying the company's plans to move out of Lincoln Center after 45

years undermines the labor rights of the singers, dancers and stage crew members

who work for the company.

...weeks per year. It filed a complaint on Thursday with the National Labor

Relations Board saying the opera should have negotiated any move with...

N.Y. City Opera Singers File Federal Complaint to Stop Lincoln Center Exit

Bloomberg – 05/26/11 21:51 –

Words matched: National Labor Relations Board

The union representing New York City Opera singers sought to block the troubled

company’s plans to leave its Lincoln Center home, saying the opera violated the

singers’ collective-bargaining rights by not consulting them.

stage directors and stage managers, filed the charge today with the National Labor

Relations Board. Last week George Steel, the company s general ...

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NFL urges appeals court to keep lockout and 'make clear that the solution' lies

in labor laws

Chicago Tribune – 05/26/11 21:14 –

Words matched: National Labor Relations Board, NLRB

MINNEAPOLIS (AP) — The NFL hasn't wavered in this message to its locked-out

players: Get out of the courts and come back to the bargaining table. Reiterating that

mantra, lawyers for the league issued written arguments Thursday that a recent legal

response by players does not dispel "serious doubts"

...league filed previously an unfair labor charge against the players with the National

Labor Relations Board, claiming they didn't negotiate in good...

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Union files labor complaint against NY City Opera, seeks to stop move from

Lincoln Center

Chicago Tribune – 05/26/11 18:54 –

1 other source (Hartford Courant)

Words matched: National Labor Relations Board

NEW YORK (AP) — A union representing New York City Opera workers has filed a

federal complaint saying the financially troubled company's plans to move out of

Lincoln Center after 45 years are aimed at undermining performers' labor rights.

...for union members. It filed a complaint Thursday with the National Labor

Relations Board saying the opera should have negotiated with the union .

Translate

Feds say unions have legal right to display giant inflatable rats during labor

disputes

Hartford Courant – 05/26/11 18:32 –

Words matched: National Labor Relations Board

WASHINGTON (AP) — Federal regulators say union activists have the legal right to

display giant inflatable rats outside companies during labor disputes.

...to display giant inflatable rats outside companies during labor disputes . The

National Labor Relations Board says putting up a 16-foot -tall rat...

Translate

NFL urges appeals court to keep lockout and ‘make clear that the solution’ lies

in labor laws

Washington Post – 05/26/11 11:14 –

Words matched: National Labor Relations Board, NLRB

MINNEAPOLIS — The NFL hasn’t wavered in this message to its locked-out players:

Get out of the courts and come back to the bargaining table. Reiterating that mantra,

lawyers for the league issued written arguments Thursday that a recent legal

response by players does not dispel “serious doubts” pre

...filed previously an unfair labor charge against the players with the National Labor

Relations Board, claiming they didn t negotiate in good faith .

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NLRB - Prominent Mentions

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to the top

Union Ponders Labor Charges

The Press-Enterprise (AP) – 05/29/11 14:39 –

Words matched: National Labor Relations Board

American Guild of Musical Artists said it would consider filing unfair labor practice

charges with the National Labor Relations Board against New York City Opera after

that company’s board voted on Friday to cut staffing and move from its Lincoln.

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NLRB rules that large inflatable rat balloons are acceptable in union protests

(Daily Caller)

Rocket News – 05/29/11 07:29 –

Words matched: National Labor Relations Board, NLRB

The National Labor Relations Board (NLRB) ruled on Thursday that labor unions

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NLRB-FOIA-00001504

should have the right to display 16-foot, rat-shaped balloons outside businesses with

which they disagree.

Paul F. deLespinasse: The trouble with ‘illegal intentions’

Daily Telegram – 05/28/11 16:40 –

Words matched: National Labor Relations Board, NLRB

The National Labor Relations Board (NLRB) is trying to prevent Boeing from opening

a new factory in South Carolina. It claims that Boeing is retaliating against unions at

its plants in Seattle.

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New You Won't Hear from Save KPFA and KPFA Worker

Indy Bay – 05/28/11 15:25 –

Words matched: National Labor Relations Board

In a publicly posted memo issued on April 18th, a regional director of the National

Labor Relations Board advised the National Labor Relations Board the complaint

filed by CWA Local 9415 alleging improper behavior and violations of the bargaining

agreement by the Pacifica Foundation was completely w

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Gingrich: Tie debt ceiling to Boeing union fight

The State – 05/28/11 13:35 –

6 other sources (The Bellingham Herald (AP), ABC News 4, ...)

Words matched: National Labor Relations Board

Republican presidential candidate Newt Gingrich is raising the ante on the fight

between Boeing and the National Labor Relations Board. Gingrich said Friday that

Congress should cut funding for the Labor Relations Board and tie that move to an

upcoming measure increasing the nation’s debt limit.

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Gingrich weighs in on Boeing dispute

Post and Courier (AP) – 05/28/11 01:25 –

Words matched: National Labor Relations Board

COLUMBIA -- Former House Speaker Newt Gingrich on Friday raised the ante on

the fight between Boeing and the National Labor Relations Board, an emerging issue

in this key early-primary state.

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The persecution of Boeing

Alice echo news journal – 05/28/11 00:17 –

Words matched: National Labor Relations Board

H.L. Mencken defined Puritanism as the haunting fear that someone, somewhere

may be happy. The National Labor Relations Board is haunted by the fear that a

company somewhere might be creating jobs with a nonunionized workforce.

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Gingrich wants union fight tied to debt limit

The Augusta Chronicle – 05/27/11 22:57 –

Words matched: National Labor Relations Board

COLUMBIA --- Former House Speaker Newt Gingrich on Friday raised the ante on

the fight between Boeing Co. and the National Labor Relations Board, an emerging

issue in this key early-primary state.

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Sanderson: Boeing complaint about fairness, not S.C. law

The State – 05/27/11 20:10 –

Words matched: National Labor Relations Board

Politicians and the media complain that the National Labor Relations Board’s

complaint against Boeing is an attack on South Carolina’s right-to-work law.

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Corporate America in a tizzy over labor board's Boeing order

Southern Studies – 05/27/11 18:42 –

Words matched: National Labor Relations Board

By Jane Slaughter, Labor Notes When the National Labor Relations Board told

Boeing in April that it couldn't retaliate against workers who exercise their right to

strike, Republican lawmakers and the Chamber of Commerce reacted as if Stalin

himself had taken over the federal government.

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NLRB rules that large inflatable rat balloons are acceptable in union protests

The Press-Enterprise (AP) – 05/27/11 17:40 –

Words matched: National Labor Relations Board, NLRB

The National Labor Relations Board (NLRB) ruled on Thursday that labor unions

should have the right to display 16-foot, rat-shaped balloons outside businesses with

which they disagree.

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Rights are in danger

Butler Eagle – 05/27/11 17:04 –

Words matched: National Labor Relations Board

Americans should mark May 13, 2011, on their calendar because that is the day

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NLRB-FOIA-00001505

America, as we know it, died. When I heard on the morning news that the National

Labor Relations Board, a part of our government that was founded on life, liberty and

the pursuit of happiness, was suing Boeing for building

Labor's use of giant rat deemed legal

peoplesworld – 05/27/11 16:52 –

Words matched: National Labor Relations Board

WASHINGTON - The labor movement's giant inflatable rat is legal, even at

demonstrations in front of secondary employers, ruled the National Labor Relations

Board May 26.

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House Education and the Workforce Subcommittee on Health, Employment,

Labor and Pensions Hearing

Politics and Technology – 05/27/11 14:52 –

1 other source (TMCnet.com)

Words matched: National Labor Relations Board

May 27, 2011 (Congressional Documents and Publications/ContentWorks via

COMTEX) -- WASHINGTON, D.C. | May 26, 2011 - Today we will examine the role

of the National Labor Relations Board in corporate campaigns.

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Senator Jim DeMint Talks About Union Thugs and their Attack on Boeing

Daylife – 05/27/11 12:02 –

Words matched: NLRB

On today’s edition of Coffee and Markets, Brad Jackson and Ben Domenech are

joined by Francis Cianfrocca and Senator Jim DeMint to discuss the attack on

Boeing by unions and the NLRB, their threat to Right to Work states and the debt

ceiling debate.

Translate

Peabody alleges Willow Lake coal miners coerced into joining UMWA

SNL Financial – 05/27/11 11:01 –

Words matched: National Labor Relations Board

Peabody Energy Corp. said it filed objections with the National Labor Relations

Board alleging workers at its Willow Lake mine in Illinois were threatened and

coerced into joining the United Mine Workers of America in a recent election.

Translate

A Federal No-Fly Zone Over Texas?

Lucianne.com – 05/27/11 09:07 –

Words matched: NLRB

Proving that the extortionist tendencies of the Obama administration aren’t limited to

the NLRB’s suit against Boeing, the Department of Justice threatened the state of

Texas with a complete suspension of air travel in and out of that state if its Senate

approved HB 1937(snip) Authored by Representa

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Big Ridge, Inc. Requests New Election Following UMWA Election Misconduct

Investor Village – 05/27/11 08:57 –

1 other source (Investor Point)

Words matched: National Labor Relations Board, NLRB

ST. LOUIS, May 26, 2011 /PRNewswire via COMTEX/ -- Peabody Energy's Big

Ridge, Inc. subsidiary today filed objections with the National Labor Relations Board

(NLRB) and requested that a new election be held based on numerous instances of

intimidation and threats, coercion and fraudulent conduct aff

Translate

Will Boeing Blink in Labor Battle?

The Delaware County Daily Times – 05/27/11 05:01 –

Words matched: National Labor Relations Board

EVERETT, Wash. (TheStreet) -- Boeing(BA) could resolve a conflict with the

National Labor Relations Board if it built 10 787s a month in Everett, but the

company has already invested $750 million in a new 787 line in South Carolina.

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The Breakdown: Can the Government Protect Boeing's Workers?

The Nation – 05/27/11 03:01 –

Words matched: National Labor Relations Board, NLRB

The National Labor Relations Board (NLRB) recently filed a complaint against

Boeing for allegedly retaliating against its workers in Washington state for exercising

their statutory right to go on strike and collectively bargain.

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Feds OK union display of giant rats

The Journal Times Online (AP) – 05/26/11 18:22 –

Words matched: National Labor Relations Board

Federal regulators say union activists have the legal right to display giant inflatable

rats outside companies during labor disputes. The National Labor Relations Board

says putting up a 16-foot-tall rat balloon is allowed even if the business is not directly

involved in the conflict between the un

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Committee requests NLRB documents about Boeing, unions

Columbia Regional Business Report – 05/26/11 13:18 –

Words matched: National Labor Relations Board

The House Oversight Committee is requiring the National Labor Relations Board to

hand over documents by Friday about its complaint against Boeing Co. and its

investigation of union election laws in four states — including South Carolina.

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Literacy in the Digital Age: Part V

The Press-Enterprise (AP) – 05/26/11 09:15 –

Words matched: National Labor Relations Board

Do I not create a profile, in which case people might think I have something to hide,

am boring, or at least a little creepy? How much is too much, or not enough, or the

right kind of private and public persona? The National Labor Relations Board has.

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Unfair Labor Practices

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Potential NBA owners' lockout looms over intriguing Finals pairing of Miami

Heat, Dallas Mavericks

NY Daily News – 05/30/11 04:00 –

Words matched: unfair labor practice

MIAMI - The Finals start here Tuesday with enough superstar power to have casual

fans sprint to their high-def televisions. It's not every year you get a series pitting

LeBron James and Dwyane Wade against Dirk Nowitzki and Jason Kidd.

...the two sides are still miles apart, with the players filing an unfair labor practice

suit against the owners last week. The majority of owners...

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Rift opening up among NFL coaches

MSN Fox Sports – 05/27/11 18:44 –

Words matched: unfair labor practices

The NFL and its players aren’t the only ones at odds during the league’s lockout. A

schism has developed in the NFL Coaches Association, which filed an amicus brief

earlier this week supporting the plaintiffs in the Brady v.

...of the Brady v. NFL lawsuit that asks for damages for unfair labor practices .

Kennan said the work stoppage is endangering the livelihoods of...

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The NBA Legal Playoffs

The Huffington Post – 05/27/11 17:46 –

Words matched: unfair labor practice

Now that the finals of the NBA playoffs are set -- Miami against Dallas -- we can

focus for a few weeks on high-quality professional basketball and try to ignore the

high-quality labor relations work going on in corporate offices in New York City.

...this would not occur. This week, the Players Association filed an unfair labor

practice charge -- wrongly reported in the press as a "complaint "

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NFL sees no need to open books to players: Goodell

Reuters Sports News – 05/27/11 13:05 –

2 other sources (Yahoo! News, FoxNews.com)

Words matched: unfair labor practice

RALEIGH, North Carolina (Reuters) - The NFL has no plans to open its financial

books to the players despite frequent requests, Commissioner Roger Goodell said.

...telephone chat on Thursday night. Goodell was referring to an unfair labor

practice charge against the NBA that the NBA Players Association filed...

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New faces at Piggly Wiggly with conversion to franchises

The Journal Times Online (AP) – 05/26/11 17:55 –

Words matched: unfair labor practices

RACINE - Numerous new employee faces and distinctive black polo shirts signaled

the conversion this week of two local Piggly Wiggly stores to franchise stores.

...with the National Labor Relations Board accusing the company of unfair labor

practices. Company Chief Operating Officer Gary Suokko recently ...

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Meltwater News Inc. is a global specialist in online media monitoring. We help more than 17,000 of the world's most admired

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Microsoft Outlook

Pomerantz, Anne

W ednesday, June 15, 2011 4:33 PM

Harvey, Rachel

Fwd: Jun. 14 -- BNA, Inc. Daily Labor Report

From:

Sent:

To:

Subject:

Sent from my magical word transmission machine. Pardon the inevitable typos.

----- Forwarded message -----

From: "BNA Highlights" <bhighlig@bna.com>

Date: Tue, Jun 14, 2011 7:29 pm

Subject: Jun. 14 -- BNA, Inc. Daily Labor Report

To: "Pomerantz, Anne" <Anne.Pomerantz@nlrb.gov>

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

Tuesday, June 14, 2011 · Number 114

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

Unfair Labor Practices

Agencies

Hearing Opens in Seattle on ULP Complaint

States

Accusing Boeing of Retaliating Against IAM

Courts/Tribunals

SEATTLE—National Labor Relations Board and Boeing Co.

attorneys June 14 fired the opening salvos in a hearing before

an administrative law judge to decide whether the company

created a second 787 Dreamliner assembly line at a nonunion...

Federal Statutes

Industries

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Key Features:

Analysis & Perspective

NEWS

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Also in the Courts

Disabilities

Court Rules Failure to File Timely Claims

Not Excused by Alleged Mental Disability

NLRB Summaries

Wage Trend Indicator

Calendar of Events

A former AARP attorney's discrimination claim under the

Americans with Disabilities Act must be dismissed because her

alleged post-traumatic stress disorder does not excuse her

failure to exhaust administrative remedies under the...

Disabilities

Equitable Tolling Applies to Disability Claim,

As EEOC's Inaction Caused Delay, Court Says

A Lowe's Home Centers Inc. live nursery specialist who resigned

after allegedly being harassed about her breast cancer is

entitled to equitable tolling of the deadline for filing her

1

NLRB-FOIA-00001515

disability discrimination charge with the Equal Employment...

Employment

Employers Plan to Boost Hiring,

But Remain Cautious, Manpower Reports

Overall employment in the third quarter of 2011 is expected to

increase for the seventh consecutive quarter, according to

survey results released June 14 by ManpowerGroup. ...

Employment

Staffing Agency Employment Increased

14.3 Percent in First Quarter, ASA Says

U.S. temporary staffing agencies employed an average of

2,620,000 temporary and contract workers per day during the

first quarter of 2011, an increase of 14.3 percent from the

2,290,000 contingent workers employed during the same

period...

Government Contracts

Barred New Jersey Contractor Sentenced

For Using Fraud to Bid on Public Contracts

PHILADELPHIA—A New Jersey state court June 10 sentenced a

contractor to prison for using a stolen identity, a fictitious

company, and fraudulent documents to successfully bid on

public works projects when his companies were legally...

Health Care Employees

NUHW Notifies Salinas Valley Hospital

Of Plan for One-Day Strike June 21

The National Union of Healthcare Workers has notified Salinas

Valley Memorial Hospital in Salinas, Calif., that the union plans

to conduct a 24-hour strike June 21 to protest what it calls the

hospital’s refusal to bargain in good faith...

Health Care

Most Health Plans Granted Waivers Forecast

Premium Increases of More Than 10 Percent

Most of the employers, unions, and health plans that were

allowed to delay implementing restrictions on annual benefit

limits under the health care overhaul law projected that the

restrictions would result in premium increases of more than...

Immigration

Smith Introduces House Bill That Would

Mandate E-Verify Use for All U.S. Employers

House Judiciary Committee Chairman Lamar Smith (R-Texas)

June 14 introduced a bill, the proposed Legal Workforce Act

(H.R. 2164), that would mandate the use of E-Verify for all new

hires by U.S. employers....

Independent Contractors

Nevada Governor Kills Bill to Fine Employers

For Misclassifying Employees as Contractors

PHOENIX—Nevada Gov. Brian Sandoval (R) June 13 vetoed

legislation (S.B. 207) that would have given the state Labor

Commission the authority to impose fines on employers that
2

NLRB-FOIA-00001516

misclassify their workers as independent contractors....

NMB

NMB to Change Certification Procedures

For Railroad Arbitrators Due to GAO Finding

The National Mediation Board will change its certification

process for arbitrators in railroad industry arbitration cases, the

agency announced June 8....

Pensions

DOL Attorney Calls High Court Ruling

On Surcharge as Breach Remedy ‘Vindication’

A Labor Department attorney said during a June 13 webcast

that she felt "vindication" following a recent ruling by the U.S.

Supreme Court that surcharges are an acceptable remedy as a

form of equitable relief against a pension plan’s...

Pensions

PBGC Issues Final Regulation Under PPA

On Terminating Plans in Bankruptcy Filings

The Pension Benefit Guaranty Corporation in a final rule

published in the June 14 Federal Register released regulations

that, in most cases, will reduce the amount of pension benefits

guaranteed under PBGC’s single-employer insurance...

Prevailing Wages

DOL Recovers $1.3 Million, Debars

Contractor for Failing to Pay Prevailing Wage

A Chelsea, Mass.-based construction contractor has turned over

$1.3 million in unpaid prevailing wages and fringe benefits owed

to workers performing carpentry, painting, tile, and building

labor work on a federally funded rehabilitation...

Prevailing Wages

House Narrowly Votes to Remove

PLA Ban From Military Construction Bill

The House June 13 voted to retain union-favored policies when

lawmakers adopted an amendment to the 2012 Military

Construction and Veterans Affairs spending measure (H.R.

2055) that would repeal a ban on project labor agreements and

rejected...

Retaliation

Sikh Worker Fired After Complaint About

Terrorist Remark Has Triable Title VII Claim

A Sikh network security analyst, who is of Indian descent and

wears a full beard and a turban, can proceed with claims that

his employer fired him in retaliation for complaining that two co-

workers allegedly directed the word "terrorist"...

Safety & Health

MSHA Opens New Office in Southern West Virginia

The Coal Mine Safety and Health Division has opened its new

District 12 office, the Labor Department's Mine Safety and

Health Administration announced June 14....

3

NLRB-FOIA-00001517

State Employees

Wisconsin Supreme Court Overturns

Order Voiding Collective Bargaining Law

CHICAGO—Wisconsin's controversial law stripping thousands of

public employees of collective bargaining rights is headed

toward full implementation following a Wisconsin Supreme

Court decision June 14 overturning a lower...

State Laws

Burden of Proof in Employment Litigation

Shifted to Employee Under Tennessee Law

RALEIGH, N.C.—Employees in Tennessee now have a higher

burden of proof in employment discrimination litigation under a

bill (H.B. 1641) signed into law by Gov. Bill Haslam (R) June

10....

Trucking

Local Union Heads Approve IBT Carhaul Pact,

Members to Vote on Ratification by August

Officials with International Brotherhood of Teamsters locals that

represent workers in the union's carhaul division June 13 voted

unanimously to send a tentative collective bargaining

agreement to the membership for ratification,...

Trucking

Proposed Hours Of Service Regulations

Called Unneeded, Costly At House Hearing

Proposed hours of service (HOS) regulations currently being

promulgated by the Federal Motor Carrier Safety Administration

(FMCSA) to improve driver safety are unnecessary and could

prove costly to small trucking businesses, lawmakers...

Unfair Labor Practices

D.C. Circuit Backs Labor Board ULP Finding;

Hospital Denied Union's Information Request

The National Labor Relations Board properly concluded that a

New York hospital violated its statutory duty to bargain with a

labor union when it failed to respond to the union's information

requests about nurse practitioners employed...

Wage & Hour

Pennsylvania Appeals Court Affirms

$187 Million Award Against Wal-Mart

PHILADELPHIA—A Pennsylvania state appeals court June 10

upheld a $187 million judgment against Wal-Mart Stores Inc. in

a class action filed by hourly workers employed at the retailer's

Pennsylvania stores who claimed that Wal-Mart...

ALSO IN THE COURTS

Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

CONFERENCE REPORT
4

NLRB-FOIA-00001518

Safety & Health

Michaels Urges Early Implementation;

Howard Says NIOSH Will Push Safety Studies

CHICAGO—Prudent employers should begin implementing the

principles of the Occupational Safety and Health

Administration's injury and illness prevention program before

OSHA issues its final rule, David Michaels, assistant...

ECONOMIC NEWS

Compensation

BNA's Wage Indicator Predicts Pickup

In Annual Gains for Private Sector Workers

The rate of annual wage growth for workers in the private

sector is expected to pick up later this year, according to the

revised second quarter Wage Trend Indicator scheduled for

release June 15 by BNA....

Economic Activity

May Retail Sales Down 0.2 Percent,

Marking First Decline Since Last June

Retail sales fell 0.2 percent in May as auto sales declined for the

third month in a row, the Commerce Department reported June

14....

Prices

Energy Prices Drive 0.2 Percent Rise

In May PPI, While Food Prices Decline

As has been the case since last fall, energy prices were the

main factor pushing up wholesale prices, which rose 0.2 percent

seasonally adjusted in May, according to figures released June

14 by the Labor Department's Bureau of Labor Statistics....

Listing

WTI Components and Index, 1st Quarter 2003 — 2nd

Quarter 2011

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

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

5

NLRB-FOIA-00001519

federal holidays.

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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.

6

NLRB-FOIA-00001520

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Jablonski, Colleen G.

Tuesday, April 20, 2010 2:49 PM

Eskenazi, Martin; Merritt, Susannah C.

Todd, Dianne; Kobe, James; Ahearn, Richard L.

RE: Boeing

Thanks so much guys!!!

From: Eskenazi, Martin

Sent: Tuesday, April 20, 2010 2:27 PM

To: Jablonski, Colleen G.

Subject: Boeing

Hi there-

Susannah will reschedule another affidavit on Friday so that she can help out and take the Boeing statement on

Friday.

1

NLRB-FOIA-00001521

Microsoft Outlook

From:

Sent:

To:

Subject:

Todd, Dianne

Thursday, April 22, 2010 3:03 PM

Ahearn, Richard L.; Jablonski, Colleen G.; Merritt, Susannah C.

FW : 19-CA-32431

Should we talk?

From: Carson Glickman-Flora [mailto:flora@workerlaw.com]

Sent: Thursday, April 22, 2010 11:35 AM

To: Todd, Dianne

Cc: David Campbell; Jude Bryan

Subject: 19-CA-32431

Diane,

Unfortunately, Exemption 6, 7(A), (... will not be available tomorrow as planned. We are working on getting alternative dates for his

testimony. I will keep you informed as I know more.
i will provide his affidavit

Exemption 6, 7(A), (C), (D)
Exemption 6, 7(A), (C), (D)
tomorrow as planned, and can provide testimony regarding

- Carson

1

NLRB-FOIA-00001522

Microsoft Outlook

Ahearn, Richard L.

Thursday, April 22, 2010 3:11 PM

Todd, Dianne; Jablonski, Colleen G.; Merritt, Susannah C.

RE: 19-CA-32431

From:

Sent:

To:

Subject:

Great…I guess Susannah can leave on time!

Should Dianne express our disappointment to Carson and our expectation rescheduling will be VERY soon and not later

than next week?

Rich

From: Todd, Dianne

Sent: Thursday, April 22, 2010 12:03 PM

To: Ahearn, Richard L.; Jablonski, Colleen G.; Merritt, Susannah C.

Subject: FW: 19-CA-32431

Should we talk?

From: Carson Glickman-Flora [mailto:flora@workerlaw.com]

Sent: Thursday, April 22, 2010 11:35 AM

To: Todd, Dianne

Cc: David Campbell; Jude Bryan

Subject: 19-CA-32431

Diane,

Unfortunately,

Exemption 6, 7(A),...

will not be available tomorrow as planned. We are working on getting alternative dates for his

testimony. I will keep you informed as I know more.

Exemption 6, 7(A), (C), (D)

tomorrow as planned, and can provide testimony regarding

will provide his affidavit

Exemption 6, 7(A), (C), (D)

- Carson

1

NLRB-FOIA-00001523

Microsoft Outlook

Todd, Dianne

Thursday, April 22, 2010 4:43 PM

Ahearn, Richard L.; Jablonski, Colleen G.

RE: 19-CA-32431

From:

Sent:

To:

Subject:

Colleen and I spoke and agree – I’ll go ahead and email Carson.

From: Ahearn, Richard L.

Sent: Thursday, April 22, 2010 12:11 PM

To: Todd, Dianne; Jablonski, Colleen G.; Merritt, Susannah C.

Subject: RE: 19-CA-32431

Great…I guess Susannah can leave on time!

Should Dianne express our disappointment to Carson and our expectation rescheduling will be VERY soon and not later

than next week?

Rich

From: Todd, Dianne

Sent: Thursday, April 22, 2010 12:03 PM

To: Ahearn, Richard L.; Jablonski, Colleen G.; Merritt, Susannah C.

Subject: FW: 19-CA-32431

Should we talk?

From: Carson Glickman-Flora [mailto:flora@workerlaw.com]

Sent: Thursday, April 22, 2010 11:35 AM

To: Todd, Dianne

Cc: David Campbell; Jude Bryan

Subject: 19-CA-32431

Diane,

Unfortunately, Exemption 6,

7(A), (...

will not be available tomorrow as planned. We are working on getting alternative dates for his

testimony. I will keep you informed as I know more.

Exemption 6, 7(A), (C), (D)

tomorrow as planned, and can provide testimony regarding

Exemption 6, 7(A), (C), (D)

ki will provide his affidavit

- Carson

1

NLRB-FOIA-00001524

Microsoft Outlook

From:

Sent:

To:

Subject:

Jablonski, Colleen G.

Tuesday, May 11, 2010 9:15 PM

Kobe, James

RE: R_CASE ASSIGNMENTS THAT NEED TO BE MADE

Todd is not available – she is researching, obtaining press evidence and taking affidavits on 5/19 in the Boeing case.

Non-Responsive

1

NLRB-FOIA-00001525

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Jablonski, Colleen G.

W ednesday, June 02, 2010 10:47 AM

Ahearn, Richard L.

Todd, Dianne

FW : Your interview with Boeing CEO Jim Albaugh

Your thoughts?

From: Martin, Andrew

Sent: Wednesday, June 02, 2010 7:35 AM

To: Todd, Dianne; Jablonski, Colleen G.

Subject: FW: Your interview with Boeing CEO Jim Albaugh

Would you like me to answer him, or would you prefer to handle it? I can also give him a boilerplate brush off that “I’m just

a Librarian, I know nussink!”

From: Dominic Gates [mailto:dgates@seattletimes.com]

Sent: Tuesday, June 01, 2010 1:39 PM

To: Martin, Andrew

Subject: RE: Your interview with Boeing CEO Jim Albaugh

Andrew

Further communication on this matter between the NLRB and the paper, from Kevin Flanagan of the

NLRB Special Litigation Branch, indicates that you want this as part of an investigation into alleged violations of the

National Labor Relations Act. I would like to know precisely what investgiation this will be used for.

Can you provide at least a summary?

Thanks,

Dominic Gates

aerospace reporter

The Seattle Times

(206) 464-2963

From: Martin, Andrew [mailto:Andrew.Martin@nlrb.gov]

Sent: Friday, May 21, 2010 8:40 AM

To: Dominic Gates

Subject: Your interview with Boeing CEO Jim Albaugh

Mr. Gates,

I’m a librarian with the National Labor Relations Board. As part of some research we’re doing, we found the video of your

interview with Mr. Albaugh on the Seattle Times website. Do you know if it would be possible to get a copy of this video

on CD-Rom or some other persistent medium?
1

NLRB-FOIA-00001526

Thanks so much for your help.

Regards,

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-00001527

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Ahearn, Richard L.

W ednesday, June 02, 2010 10:50 AM

Flanagan, Kevin P.

Jablonski, Colleen G.; Todd, Dianne; Martin, Andrew

FW : Your interview with Boeing CEO Jim Albaugh

Kevin, Is this the reporter to whom you spoke? Want to discuss?

Rich

From: Jablonski, Colleen G.

Sent: Wednesday, June 02, 2010 7:47 AM

To: Ahearn, Richard L.

Cc: Todd, Dianne

Subject: FW: Your interview with Boeing CEO Jim Albaugh

Your thoughts?

From: Martin, Andrew

Sent: Wednesday, June 02, 2010 7:35 AM

To: Todd, Dianne; Jablonski, Colleen G.

Subject: FW: Your interview with Boeing CEO Jim Albaugh

Would you like me to answer him, or would you prefer to handle it? I can also give him a boilerplate brush off that “I’m just

a Librarian, I know nussink!”

From: Dominic Gates [mailto:dgates@seattletimes.com]

Sent: Tuesday, June 01, 2010 1:39 PM

To: Martin, Andrew

Subject: RE: Your interview with Boeing CEO Jim Albaugh

Andrew

Further communication on this matter between the NLRB and the paper, from Kevin Flanagan of the

NLRB Special Litigation Branch, indicates that you want this as part of an investigation into alleged violations of the

National Labor Relations Act. I would like to know precisely what investgiation this will be used for.

Can you provide at least a summary?

Thanks,

Dominic Gates

aerospace reporter

The Seattle Times

(206) 464-2963

1

NLRB-FOIA-00001528

From: Martin, Andrew [mailto:Andrew.Martin@nlrb.gov]

Sent: Friday, May 21, 2010 8:40 AM

To: Dominic Gates

Subject: Your interview with Boeing CEO Jim Albaugh

Mr. Gates,

I’m a librarian with the National Labor Relations Board. As part of some research we’re doing, we found the video of your

interview with Mr. Albaugh on the Seattle Times website. Do you know if it would be possible to get a copy of this video

on CD-Rom or some other persistent medium?

Thanks so much for your help.

Regards,

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-00001529

Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

Ahearn, Richard L.

W ednesday, December 08, 2010 12:44 PM

Jablonski, Colleen G.; Todd, Dianne; Pomerantz, Anne; Kobe, James

FW : Boeing submission to the General Counsel

Ltr to Lafe Solomon.pdf

1

NLRB-FOIA-00001530

Exemption 7(A)

NLRB-FOIA-00001531

Exemption 7(A)

NLRB-FOIA-00001532

Exemption 7(A)

NLRB-FOIA-00001533

Exemption 7(A)

NLRB-FOIA-00001534

Exemption 7(A)

NLRB-FOIA-00001535

Exemption 7(A)

NLRB-FOIA-00001536

Exemption 7(A)

NLRB-FOIA-00001537

Exemption 7(A)

NLRB-FOIA-00001538

Exemption 7(A)

NLRB-FOIA-00001539

Exemption 7(A)

NLRB-FOIA-00001540

Exemption 7(A)

NLRB-FOIA-00001541

Exemption 7(A)

NLRB-FOIA-00001542

Exemption 7(A)

NLRB-FOIA-00001543

Exemption 7(A)

NLRB-FOIA-00001544

Exemption 7(A)

NLRB-FOIA-00001545

Exemption 7(A)

NLRB-FOIA-00001546

Exemption 7(A)

NLRB-FOIA-00001547

Exemption 7(A)

NLRB-FOIA-00001548

Exemption 7(A)

NLRB-FOIA-00001549

Exemption 7(A)

NLRB-FOIA-00001550

Exemption 7(A)

NLRB-FOIA-00001551

Exemption 7(A)

NLRB-FOIA-00001552

Exemption 7(A)

NLRB-FOIA-00001553

Exemption 7(A)

NLRB-FOIA-00001554

Exemption 7(A)

NLRB-FOIA-00001555

Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

Todd, Dianne

W ednesday, December 08, 2010 1:07 PM

Ahearn, Richard L.; Jablonski, Colleen G.

RE: Boeing submission to the General Counsel

2010 12_03 Ltr to Todd.pdf

Can we meet today to discuss the Union’s submission on the newest charge?

Thanks

From: Ahearn, Richard L.

Sent: Wednesday, December 08, 2010 9:44 AM

To: Jablonski, Colleen G.; Todd, Dianne; Pomerantz, Anne; Kobe, James

Subject: FW: Boeing submission to the General Counsel

1

NLRB-FOIA-00001556

Exemption 7(A)

NLRB-FOIA-00001557

Exemption 7(A)

NLRB-FOIA-00001558

Exemption 7(A)

NLRB-FOIA-00001559

Exemption 7(A)

NLRB-FOIA-00001560

Exemption 7(A)

NLRB-FOIA-00001561

Exemption 7(A)

NLRB-FOIA-00001562

Exemption 7(A)

NLRB-FOIA-00001563

Exemption 7(A)

NLRB-FOIA-00001564

Exemption 7(A)

NLRB-FOIA-00001565

Exemption 7(A)

NLRB-FOIA-00001566

Exemption 7(A)

NLRB-FOIA-00001567

Exemption 7(A)

NLRB-FOIA-00001568

Exemption 7(A)

NLRB-FOIA-00001569

Microsoft Outlook

From:

Sent:

To:

Subject:

Ahearn, Richard L.

W ednesday, December 08, 2010 1:11 PM

Todd, Dianne; Jablonski, Colleen G.

RE: Boeing submission to the General Counsel

11:00 am?

From: Todd, Dianne

Sent: Wednesday, December 08, 2010 10:07 AM

To: Ahearn, Richard L.; Jablonski, Colleen G.

Subject: RE: Boeing submission to the General Counsel

Can we meet today to discuss the Union’s submission on the newest charge?

Thanks

From: Ahearn, Richard L.

Sent: Wednesday, December 08, 2010 9:44 AM

To: Jablonski, Colleen G.; Todd, Dianne; Pomerantz, Anne; Kobe, James

Subject: FW: Boeing submission to the General Counsel

1

NLRB-FOIA-00001570

Microsoft Outlook

From:

Sent:

To:

Subject:

Todd, Dianne

W ednesday, December 08, 2010 1:12 PM

Ahearn, Richard L.; Jablonski, Colleen G.

RE: Boeing submission to the General Counsel

Sure!

From: Ahearn, Richard L.

Sent: Wednesday, December 08, 2010 10:11 AM

To: Todd, Dianne; Jablonski, Colleen G.

Subject: RE: Boeing submission to the General Counsel

11:00 am?

From: Todd, Dianne

Sent: Wednesday, December 08, 2010 10:07 AM

To: Ahearn, Richard L.; Jablonski, Colleen G.

Subject: RE: Boeing submission to the General Counsel

Can we meet today to discuss the Union’s submission on the newest charge?

Thanks

From: Ahearn, Richard L.

Sent: Wednesday, December 08, 2010 9:44 AM

To: Jablonski, Colleen G.; Todd, Dianne; Pomerantz, Anne; Kobe, James

Subject: FW: Boeing submission to the General Counsel

1

NLRB-FOIA-00001571

Microsoft Outlook

From:

Sent:

To:

Subject:

Jablonski, Colleen G.

W ednesday, December 08, 2010 1:56 PM

Todd, Dianne; Ahearn, Richard L.

RE: Boeing submission to the General Counsel

Okay by me.

From: Todd, Dianne

Sent: Wednesday, December 08, 2010 10:12 AM

To: Ahearn, Richard L.; Jablonski, Colleen G.

Subject: RE: Boeing submission to the General Counsel

Sure!

From: Ahearn, Richard L.

Sent: Wednesday, December 08, 2010 10:11 AM

To: Todd, Dianne; Jablonski, Colleen G.

Subject: RE: Boeing submission to the General Counsel

11:00 am?

From: Todd, Dianne

Sent: Wednesday, December 08, 2010 10:07 AM

To: Ahearn, Richard L.; Jablonski, Colleen G.

Subject: RE: Boeing submission to the General Counsel

Can we meet today to discuss the Union’s submission on the newest charge?

Thanks

From: Ahearn, Richard L.

Sent: Wednesday, December 08, 2010 9:44 AM

To: Jablonski, Colleen G.; Todd, Dianne; Pomerantz, Anne; Kobe, James

Subject: FW: Boeing submission to the General Counsel

1

NLRB-FOIA-00001572

Microsoft Outlook

Non-Responsive

-----Original Message-----

From: Willen, Debra L

Sent: Thursday, December 09, 2010 4:22 PM

To: Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; Katz, Judy; Omberg,

Bob

Subject: Haley: New SC labor chief to fight SC Boeing union - WIS News 10 - Columbia, South

Carolina |

http://www.wistv.com/Global/story.asp?S=13636166

1

NLRB-FOIA-00001573

Microsoft Outlook

Ahearn, Richard L.

W ednesday, April 20, 2011 3:08 PM

Levin, Nelson; Kelly, David A.

FW : Senator Graham's statement

From:

Sent:

To:

Subject:

From: Wagner, Anthony R.

Sent: Wednesday, April 20, 2011 12:00 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Ahearn, Richard L.; Mattina, Celeste J.; Garza, Jose

Subject: Senator Graham's statement

http://lgraham.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=74179e31-802a-

23ad-4e6e-3b1394738c8d

Senator Graham Press Releases

Contact: Meghan Hughes (202-224-5972) or Kevin Bishop (864-250-1417)

Date: 04/20/2011

Graham on NLRB Complaint against Boeing

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement on the National Labor

Relations Board (NLRB) complaint against Boeing.

“This is one of the worst examples of unelected bureaucrats doing the bidding of special interest groups that I’ve ever

seen. In this case, the NLRB is doing the bidding of the unions at great cost to South Carolina and our nation’s economy.

“It makes perfect sense for a world-class company like Boeing to diversify their production capabilities. Boeing made a

solid business decision in coming to South Carolina, and we welcome them with open arms. They could have gone

anywhere, but they knew that South Carolina was a great place to do business. Their decision to open their new facility in

North Charleston will pay dividends for the company, its workers, and our state for many years to come. It’s a decision

that will stand the test of time.

“If successful, the NLRB complaint would allow unions to hold a virtual ‘veto’ over business decisions. Left to their own

devices, the NLRB would routinely punish right-to-work states that value and promote their pro-business climates. The

current makeup of the NLRB Board has been skewed against business. This action will not be allowed to stand.

“I would be surprised if any court recognized the legitimacy of this complaint. It’s pretty easy to see that at its heart, this is

about union politics.

As Senator, I will do everything in my power, including introducing legislation cutting off funding for

this wild goose chase, to stop the NLRB’s frivolous complaint.”

#####

1

NLRB-FOIA-00001574

Microsoft Outlook

From:

Sent:

To:

Subject:

Employment Law360 [news@portfoliomedianl.com]

Friday, June 03, 2011 12:00 AM

Kelly, David A.

Employment Law360: Litigation, Policy & People News

9th Circ. SOX Ruling May Curb More Than Media Leaks

June 3, 2011

The Ninth Circuit's recent landmark ruling that the whistleblower provisions

Law Firms Mentioned

Arnold & Porter

Cadwalader Wickersham

equally narrowly in other contexts, forcing employees to think twice about

Cleary Gottlieb

what they reveal, and to whom, attorneys say.

Crowell & Moring

Elarbee Thompson

Ex-Manager Slaps KPMG With $350M Sex Bias Action

Foley & Lardner

A former senior manager at KPMG LLP filed a putative class action

Ford & Harrison

Greenberg Traurig

Thursday in New York that claims the accounting giant shuts out women

Higgs Fletcher

and working mothers from its upper ranks, seeking $350 million in

Hilburn Calhoon

damages.

Jackson Lewis

Jones Day

3 Boeing Workers Rally Against NLRB Suit

Kilpatrick Townsend

Three Boeing Co. workers sought to intervene Wednesday in a National

Larkin Hoffman

Labor Relations Board suit seeking to return aircraft manufacturing work to

Lewis Feinberg

a unionized plant in Washington state, claiming more than 1,000 South

Lieff Cabraser

Carolina employees would lose their jobs if the board prevailed.

Manatt Phelps

McGuireWoods

Morgan & Morgan

Judge Tosses OfficeMax Suit Over Manager's Defection

Ogletree Deakins

A Vermont federal judge on Thursday threw out a suit over trade secrets

and a noncompete agreement that OfficeMax Inc. brought against a former
Outten & Golden

Paul Frank

sales manager and his new employer, an OfficeMax rival.

Paul Hastings

Ruden McClosky

Steve & Barry's Workers Ask 2nd Circ. To Revive Suit

Sanford Wittels

Former employees of Steve & Barry's asked the Second Circuit on Thursday
Silver Golub

to revive mass layoff claims against private equity investors in the failed

Vorys Sater

retail chain, arguing that a lower court judge failed to address all relevant

of the Sarbanes-Oxley Act do not protect employees who release

information to the media could persuade other courts to read the law

issues in dismissing the suit.

Companies Mentioned

CIGNA Corporation

Judge Invalidates RJ Reynolds Retirement Plan Change

International Game Technology

A federal judge in North Carolina ruled Wednesday that an amendment to
Kubota Corporation

an R.J. Reynolds Tobacco Co. retirement plan that eliminated Nabisco stock
Lockheed Martin

OfficeMax Incorporated

from the plan was invalid, bolstering plaintiffs' claims in a class action

Petrobras

breach of fiduciary duty suit.

The Boeing Company

United Technologies Corporation

Calif. Court Won't Reinstate Firm In VeriSign Suit

VeriSign, Inc.

A California appeals court on Tuesday refused to reinstate a law firm

Wal-Mart Stores, Inc.

disqualified from representing VeriSign Inc.'s former chief administrative

officer for allegedly using privileged documents to craft breach of contract

and securities fraud claims against the company.

Ex-CHM Workers Can Bring Collective OT Action: Judge

A New York federal court on Wednesday allowed former Comprehensive

District Court Cases Mentioned

Aponte et al v. Comprehensive Health ...

Federal Deposit Insurance Corporation...

OfficeMax Incorporated v. W.B. Mason ...

TATUM v. R.J.R. PENSION, et al

1

NLRB-FOIA-00001575

Health Management Inc. employees to advance their federal claims alleging
USA v. Norden Systems, et al
the managed care services provider failed to pay its benefits consultants

overtime wages as a collective action and granted class certification of their

state claims.

11th Circ. Tosses FCA Suit Over $87B Lockheed Contract

The Eleventh Circuit on Wednesday upheld the dismissal of a suit by a

former Lockheed Martin Corp. engineer who accused the company of using

subpar materials for an $87 billion military fighter jet contract, ruling the

claims were too vague.

Ex-Norden Worker's Qui Tam FCA Suit Kept Alive

A federal judge in Connecticut on Thursday mostly refused to dismiss an

accounting supervisor's 17-year-old qui tam suit accusing United

Technologies Corp. subsidiary Norden Systems Inc. of violating the False

Claims Act by submitting inflated bills for defense contracts.

Race Bias Suit Claims Wal-Mart Sold Expired Drugs

A Wal-Mart Stores Inc. pharmacy manager sued the retail giant in

Tennessee last week, claiming it sold expired drugs to a predominantly

minority neighborhood and her supervisors retaliated against her when she

raised objections.

FDIC Hits Travelers Unit With $11.7M Coverage Suit

ANB Financial NA receiver the Federal Deposit Insurance Corp. sued a

Travelers Cos. Inc. affiliate Wednesday in Arkansas, saying it should hand

over $11.7 million for failing to cover losses caused by a corrupt employee

of the bank.

Q&A With Ford & Harrison's Andrew Tanick

The Equal Employment Opportunity Commission does not have the same

financial considerations as a private litigant. As a result, it sometimes takes

very aggressive positions that a private litigant would not necessarily

choose to devote his or her resources to, says Andrew Tanick, office

administrative partner of Ford & Harrison LLP’s Minneapolis office and a

labor and employment law specialist.

Expert Analysis

Focusing On Employee Conduct

The Minnesota Supreme Court's decision in Stagg v. Vintage Place Inc.

clarifies that, when the issue in an unemployment benefits case is

employee misconduct, the focus is on the employee’s conduct, not on the

employer’s progressive discipline policy, says Ashlee Bekish of Larkin

Hoffman Daly & Lindgren Ltd.

Case Study: Tides V. Boeing

Are whistleblowers protected when they disclose alleged wrongdoing to the

media? It depends on the statute under which they seek protection, and

whether that statute describes the categories of recipients to whom the

information may be disclosed or is silent on the issue, says Robert Horowitz

of Greenberg Traurig LLP.

Legal Industry

Global 20: Cleary Gottlieb Steen & Hamilton

Cleary Gottlieb Steen & Hamilton LLP's organic growth strategy and

consistent level of quality as it expands worldwide has made it one of the

the go-to firms for historic transactions, including Brazilian oil titan

Petrobras' recent $67 billion global equity offering, earning it a spot among

Law360's Global 20.

Story ideas, expert analysis, and firm profiles:

Contact the editors.

Subscription services:

2

NLRB-FOIA-00001576

Subscribe online or contact customer service

Not sure if your firm subscribes? Ask your librarian.

Unsubscribe from this list .

3

NLRB-FOIA-00001577

Microsoft Outlook

From:

Sent:

To:

Subject:

Jablonski, Colleen G.

Tuesday, May 11, 2010 9:15 PM

Kobe, James

RE: R_CASE ASSIGNMENTS THAT NEED TO BE MADE

Todd is not available – she is researching, obtaining press evidence and taking affidavits on 5/19 in the Boeing case.

Non-Responsive

1

NLRB-FOIA-00001578

Microsoft Outlook

From:

Sent:

To:

Subject:

BNA Highlights [bhighlig@bna.com]

Thursday, June 02, 2011 5:16 PM

Levin, Nelson

Jun. 2 -- BNA, Inc. Daily Labor Report - Latest Developments

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

Latest Developments

Tenth Circuit Applies ‘Cat's Paw' to ADEA, but Affirms HR Employee Lacks Claim

Posted June 2, 2011, 3:13 P.M. ET

A 62-year-old human resources department employee fired after a company investigation

determined she had improperly disclosed another employee's confidential medical

information lacks a triable discrimination claim under the Age Discrimination in Employment

Act, the U.S. Court of Appeals for the Tenth Circuit ruled today (Simmons v. Sykes Enters.

Inc., 10th Cir., No. 09-1558, 6/2/11).

Affirming summary judgment for Sykes Enterprises Inc., the appeals court said Patricia

Simmons, who denied that she had disclosed the confidential information, failed to produce

evidence that Sykes management did not believe in good faith that Simmons had breached

the company's rules barring such disclosures. The court emphasized that in determining

whether Simmons raised a jury issue of pretext, an employer who acts in good faith is

shielded from ADEA liability even if it turns out the employer was mistaken or exercised poor

business judgment.

Simmons cited alleged ageist comments by her two immediate supervisors, who

recommended her termination after the company investigation but did not make the final

decision. The Tenth Circuit said the “subordinate bias” or “cat's paw” theory of liability,

endorsed by the U.S. Supreme Court in Staub v. Proctor Hospital, 131 S. Ct. 1186, 111 FEP

Cases 993 (2011), under the Uniformed Services Employment and Reemployment Rights

Act, also applies under the ADEA, but with an additional burden on the plaintiff.

“Although we apply the subordinate bias doctrine to age discrimination cases, the ADEA

requires more than what must ordinarily be proven under an analogous Title VII [of the 1964

Civil Rights Act] or USERRA action,” Judge Monroe G. McKay wrote. “If we were to apply

Staub directly to an age-discrimination case, the plaintiff would only need to prove her

supervisor's animus was somehow related to the termination and not that the animus was

necessary to bring about the termination.”

Given that the Supreme Court also has ruled that ADEA plaintiffs must show that age was

the “but for” cause of an adverse employment action, however, the court said that

requirement remains even in a cat's paw case. “Thus, even after Staub, an ADEA plaintiff

seeking to hold an employer liable through the discriminatory conduct of its subordinate

must show the subordinate's animus was a ‘but-for' cause of the adverse employment
1

NLRB-FOIA-00001579

action, i.e., it was the factor that made a difference,” the court said.

Since Simmons failed to produce evidence to support such a finding, the court affirmed

dismissal of her ADEA claim.

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

issue.

National Contract Between IBT, First Student Has Standard Work Rules, Grievance

Policy

Posted June 2, 2011, 5:01 P.M. ET

Members of the International Brotherhood of Teamsters have ratified a first national

collective bargaining agreement with First Student Inc. that improves job conditions and

provides protections for more than 20,000 school bus drivers and other workers, the union

announced June 1.

The four-year contract creates a national grievance procedure and provides “strong language

to raise standards for Teamster members” at the company, which is the largest private

provider of school bus transportation in North America, the union said in its release.

Maureen Richmond, director of Media Relations for First Student at its headquarters in

Cincinnati, Ohio, told BNA today that economic issues will continue to be negotiated on a

contract-by-contract basis at the local level. The national agreement, she said, provides

customers with “industry-leading assurances of uninterrupted service.” It also provides

“national dispute resolution, and the highest level of safety and quality standards,” she said.

Richmond said the ratification of the agreement signifies a “new era in labor relations and a

commitment to ongoing collaboration.” She added that for the first time in the student

transport industry in the United States “principles of Freedom of Association and

International Human Rights” are incorporated into a contract.

She explained that the contract contains language pledging that the company recognizes the

right of employees to choose or not choose to be represented by a union without undue

pressure from management.

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

issue.

NMB to Investigate AFA Charges That Delta Interfered With Flight Attendants

Election

Posted June 2, 2011, 5:04 P.M. ET

ATLANTA—The National Mediation Board announced June 1 that it will conduct a full onsite

investigation into whether Delta Air Lines interfered with a representation election of flight

attendants last November that the Association of Flight Attendants-CWA lost by a close

margin.

Delta and AFA were notified in a letter from NMB General Counsel Mary L. Johnson that an

investigator will interview both parties and conduct the onsite investigation to determine

“whether laboratory conditions were tainted.”

2

NLRB-FOIA-00001580

AFA-CWA filed interference charges last Nov. 23 with NMB, alleging that in its representation

loss among flight attendants, Delta management compromised the secrecy of the ballot and

coerced employees to vote against the union (227 DLR AA-1, 11/26/10).

If NMB finds enough evidence that interference occurred, it can order a new election.

In the November 2010 election, Delta flight attendants voted against representation by AFA

for the carrier's combined workforce following its 2008 merger with Northwest Airlines (212

DLR A-3, 11/3/10). About 51 percent of the Delta flight attendants who cast ballots, or 9,544

workers, voted against representation, while 49 percent, or 9,216 workers, voted in favor,

leaving AFA 165 votes short of the 9,381 “yes” votes needed to win.

As a result, AFA, an affiliate of the Communication Workers of America, could be decertified

as the representative of approximately 7,100 flight attendants at the former Northwest, and

Delta's combined workforce of about 20,000 flight attendants would be unrepresented.

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

issue.

South Carolina Boeing Workers File Motion to Intervene in Unfair Labor Practice

Case

Posted June 2, 2011, 3:27 P.M. ET

South Carolina employees of Boeing Co. who contend that a National Labor Relations Board

unfair labor practice complaint against the company threatens their employment filed a

motion June 1 asking to intervene in the case (Boeing Co., NLRB, No. 19-CA-32431, motion

filed 6/1/11).

NLRB Acting General Counsel Lafe E. Solomon authorized the complaint, which alleges that

Boeing unlawfully established a second assembly line for its 787 Dreamliners in South

Carolina because Seattle-area employees represented by the International Association of

Machinists repeatedly engaged in lawful economic strikes against the company.

Noting that the acting general counsel seeks an order requiring Boeing to have IAM-

represented employees in Washington operate a second assembly line there, the South

Carolina employees argued in the motion that they “have a right to be heard in opposition to

the draconian remedy sought by the General Counsel, since they will surely be terminated if

the General Counsel's position is sustained.”

Employees Dennis Murray, Cynthia Ramaker, and Meredith Going filed the motion with

NLRB's Seattle regional director, asking that he grant the motion or refer it to an

administrative law judge for ruling at or before the start of a June 14 hearing on the unfair

labor practice allegations. The employees are represented by attorneys from the National

Right to Work Legal Defense Foundation.

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

3

NLRB-FOIA-00001581

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.

4

NLRB-FOIA-00001582

Microsoft Outlook

Mantz, John

Thursday, May 12, 2011 12:12 PM

Compton, Kayce R.; Belin, Jeremy S.; Dodds, Amy L.; Frisch, Jacob; Karsh, Aaron; Luke,

Margaret; Lussier, Richard; Mascioli, Bill; Oddis, Robert N.; Pho, Laura D; Szapiro, Miriam;

Marx, Eric C.; Cocuzza, Amy L.; Fillow, MacKenzie; Thompson, Angela; Phillips, Meghan B.;

Solowiej, Sandra M.; Vazquez, Laura T.; Sutton, Dexter E.; W illen, Debra L; Hoyte, Joan E.;

Rossen, Leslie; Berkheimer, Michael; Baudler, W illiam A.; Fein, Daniel F.; Finch, Peter G.;

Hilligas, Aaron; Radzin, Dorit; Rossen, Leslie; Trafton, Catherine J.; Psotka, Jonathan

FW : Republican Threats to NLRB 'Disgraceful'

From:

Sent:

To:

Subject:

FYI

-----Original Message-----

E 6 privacy
From:
Sent: Thursday, May 12, 2011 11:56 AM

To: Mantz, John

Subject: FW: Republican Threats to NLRB 'Disgraceful'

-----Original Message-----

From: AFL-CIO Now Blog [mailto:aflcioblognews@aflcio.org]

Sent: Thursday, May 12, 2011 11:55 AM

To:

E 6 privacy

Subject: Republican Threats to NLRB 'Disgraceful'

May 12, 2011

Senate Majority Leader Harry Reid (D-Nev.) says attempts by Republican senators to intimidate

the National Labor Relations Board are "disgraceful and dangerous." Republicans are demanding

the agency drop its complaint against the Boeing Co. Sen. Tom Harkin (D-Iowa) says it is

"another example of the Republican assault on the middle class" done at the urging of

"powerful corporate interests."

Read more:

http://blog.aflcio.org/2011/05/11/reid-blasts-republican-intimidation-tactics-against-nlrb-

in-boeing-case

*****

Got comments? Post them at:

http://blog.aflcio.org/

*****

Trumka: Until DREAM Act Is Passed, Stop Deporting Our Future

http://blog.aflcio.org/2011/05/11/trumka-until-dream-act-is-passed-stop-deporting-our-future

AFL-CIO Still Vigorously Opposes Colombia Trade Deal

http://blog.aflcio.org/2011/05/11/afl-cio-still-vigorously-opposes-colombia-trade-deal

N.H. Gov. Lynch Vetoes Right to Work

http://blog.aflcio.org/2011/05/11/n-h-gov-lynch-vetoes-right-to-work

1

NLRB-FOIA-00001583

N.H. Speaker Locks Workers Out of Capitol Press Conference

http://blog.aflcio.org/2011/05/12/n-h-speaker-locks-workers-out-of-capitol-press-conference

Manufacturing Decline Puts Economic, National Security at Risk

http://blog.aflcio.org/2011/05/11/manufacturing-decline-puts-economic-national-security-at-

risk

German Workers Rally For T-Mobile USA Employees' Rights

http://blog.aflcio.org/2011/05/12/german-workers-rally-for-t-mobile-usa-employees-rights

Pulte Got Taxpayer $$ to Create Jobs--But Didn't

http://blog.aflcio.org/2011/05/12/pulte-got-taxpayer-to-create-jobs-but-didnt

Report: Boehner's 'Territorial Tax' Scheme Would Cost More Jobs

http://blog.aflcio.org/2011/05/11/report-boehners-territorial-tax-scheme-would-cost-more-jobs

Workers Show Union Spirit Helping Tornado Survivors

http://blog.aflcio.org/2011/05/11/workers-show-union-spirit-helping-tornado-survivors

*****

Read more important news of the day on the issues working families care about on AFL-CIO Now:

http://blog.aflcio.org/

*****

Follow the AFL-CIO at:

Facebook: http://www.facebook.com/aflcio

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Take the next step. Become a mobile activist by joining the AFL-CIO Rapid Action Text Team.

Text NEWS to AFLCIO (235246) to receive action alerts and more. (Message and data rates may

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*****

To find out more about the AFL-CIO, please visit our website at http://www.aflcio.org .

*****

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http://act.aflcio.org/c/18/p/salsa/web/common/public/signup?signup_page_KEY=726

2

NLRB-FOIA-00001584

Microsoft Outlook

From:

Sent:

To:

Subject:

Ahearn, Richard L.

Thursday, June 03, 2010 12:33 PM

Martin, Andrew

FW : Your interview with Boeing CEO Jim Albaugh

Andrew, I will speak to Dominic and explain the charge, process, etc.

Many thanks for your help.

Rich

From: Flanagan, Kevin P.

Sent: Wednesday, June 02, 2010 7:58 AM

To: Ahearn, Richard L.

Cc: Jablonski, Colleen G.; Todd, Dianne; Martin, Andrew; Moskowitz, Eric G.; Platt, Nancy

Subject: Re: Your interview with Boeing CEO Jim Albaugh

Rich - I haven't had contact with Dominic Gates. The only person I've been in contact with is Evelyn Edens,

who is the "News Business Development Manager." She probably forwarded my e-mail to Gates.

If you'd like to discuss, I am reachable today at

Exemption 6 - Privacy

On Jun 2, 2010, at 10:49 AM, Ahearn, Richard L. wrote:

Kevin, Is this the reporter to whom you spoke? Want to discuss?

Rich

From: Jablonski, Colleen G.

Sent: Wednesday, June 02, 2010 7:47 AM

To: Ahearn, Richard L.

Cc: Todd, Dianne

Subject: FW: Your interview with Boeing CEO Jim Albaugh

Your thoughts?

From: Martin, Andrew

Sent: Wednesday, June 02, 2010 7:35 AM

To: Todd, Dianne; Jablonski, Colleen G.

Subject: FW: Your interview with Boeing CEO Jim Albaugh

Would you like me to answer him, or would you prefer to handle it? I can also give him a boilerplate brush off that “I’m just

a Librarian, I know nussink!”

From: Dominic Gates [mailto:dgates@seattletimes.com]

Sent: Tuesday, June 01, 2010 1:39 PM

To: Martin, Andrew

Subject: RE: Your interview with Boeing CEO Jim Albaugh

Andrew
1

NLRB-FOIA-00001585

Further communication on this matter between the NLRB and the paper, from Kevin Flanagan of the

NLRB Special Litigation Branch, indicates that you want this as part of an investigation into alleged violations of the

National Labor Relations Act. I would like to know precisely what investgiation this will be used for.

Can you provide at least a summary?

Thanks,

Dominic Gates

aerospace reporter

The Seattle Times

(206) 464-2963

From: Martin, Andrew [mailto:Andrew.Martin@nlrb.gov]

Sent: Friday, May 21, 2010 8:40 AM

To: Dominic Gates

Subject: Your interview with Boeing CEO Jim Albaugh

Mr. Gates,

I’m a librarian with the National Labor Relations Board. As part of some research we’re doing, we found the video of your

interview with Mr. Albaugh on the Seattle Times website. Do you know if it would be possible to get a copy of this video

on CD-Rom or some other persistent medium?

Thanks so much for your help.

Regards,

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

__

Kevin Flanagan

National Labor Relations Board

Special Litigation Branch

1099 14th Street, NW

Washington, DC 20570

Phone: (202) 273-2938 Fax (202) 273-1799

Kevin.Flanagan@nlrb.gov

2

NLRB-FOIA-00001586

Microsoft Outlook

From:

Sent:

To:

Subject:

Mattina, Celeste

W ednesday, June 09, 2010 10:24 AM

ML-R02-Supervisors (R)

FW : Legal News FYI

We have four news blurbs here. Please let me know when we have scheduled the count in St Barnabas. Thanks!

From: Martin, Andrew

Sent: Wednesday, June 09, 2010 8:42 AM

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

NLRB Region Dismisses Election Petition

For NYU Graduate Assistants; UAW to Appeal

A National Labor Relations Board regional director June 7 dismissed a petition filed by a local of the United

Auto Workers seeking a representation election for some 1,800 graduate teaching and research assistants

at New York University,...

NLRB Dismisses St. Barnabas Request

To Review Employment Status of House Staff

Dismissing a request for review of a regional director's decision ordering an election among interns and

residents at St. Barnabas Hospital in Bronx, N.Y., a divided National Labor Relations Board rejected the

employer's argument...

NLRB ruling could affect hospital residents, interns

Philly.com – 6/8/10 3:15 PM

1 other source (The Philadelphia Inquirer)

Words matched: National Labor Relations Board, NLRB

A National Labor Relations Board ruling upholding a union election by hospital residents and interns may clear the way for more

organizing at hospitals

NLRB ruling could affect hospital residents, interns A National Labor Relations Board ruling upholding a union election by hospital

residents ...

Picket Line Against Dr. Pepper Snapple Group (NYSE: DPS) Extended to Include Pennsylvania Plant; Consumer And Health &

Safety Leafleting at St. Louis Plant

Scottrade – 6/8/10 2:38 PM

1 other source (PR Newswire)

Words matched: unfair labor practices

Members of RWDSU Local 220 on strike against Mott's LLP (a wholly owned subsidiary of DPS) are taking their picket line to a second

Mott's facility

...York went out on strike on May 24th as a result of unfair labor practices committed by corporate executives in their efforts to impose

drastic...

25,000 U.S. Nurses Expected to Strike

All Voices – 6/8/10 10:26 AM

Words matched: unfair labor practice
1

NLRB-FOIA-00001587

Some 13,000 California nurses and 12,000 Minnesota nurses are expected to hold a one-day strike on Thursday,

June 10thunless they are able to resolve

...California Nurses Association in2005, which was found to be unfair labor practice by The Public Employment

Relations Board. Negotiations are...

Union complains Boeing decision to locate in S.C. was retaliatory

Gsa Business – 6/8/10 2:33 PM

Words matched: National Labor Relations Act

Boeing Co.’s decision to build its new 787 Dreamliner final assembly line in South Carolina was a retaliatory measure against organized

labor said a

...the National Labor Relations Board s Seattle office in March. The National Labor Relations Act gives workers the right to unionize ,

strike and...

Labor union journalist: I was fired for organizing workers - BostonHerald.com

BostonHerald.com – 6/8/10 2:02 PM

Words matched: National Labor Relations Board

A pro-union firm knew Eesha Williams was a rabble-rousing labor activist when it hired the Vermont journalist to write for the

Massachusetts AFL -CIO’

...Williams has filed charges against. The Boston office of the National Labor Relations Board confirmed yesterday that it has

received Williams latest...

UNITE HERE Strikes Hyatt Regency

In San Francisco for Three Days

Members of UNITE HERE Local 2 June 8 launched a three-day strike at the Hyatt Regency in San Francisco

to protest the nearly 10 months the city's hotel workers have gone without a collective bargaining

agreement, the union announced....

Residents, interns hopeful of union win in St. Barnabas Hospital battle

NY Daily News – 6/9/10 4:00 AM

Words matched: National Labor Relations Board, NLRB

The National Labor Relations Board may have finally ended the bitter labor battle between St. Barnabas Hospital and its interns and

resident physicians

...hopeful of union win in St. Barnabas Hospital battle The National Labor Relations Board may have finally ended the bitter labor

battle between...

U.S. Senator Lincoln Wins Renomination in Arkansas, AP Says

Bloomberg.com – 6/8/10 11:02 PM

1 other source (Business Week)

Words matched: National Labor Relations Board

June 8 (Bloomberg) -- U.S. Senator Blanche Lincoln of Arkansas overcame the anti-incumbent mood among many voters and won the

Democratic nomination

...and for voting against union lawyer Craig Becker s nomination to the National Labor Relations Board . You see the center-left

tension within the...

Picket Line Against Dr. Pepper Snapple Group (NYSE: DPS) Extended To Include Pennsylvania Plant; Consumer And Health &

Safety Leafleting At St. Louis Plant

TheStreet.com – 6/8/10 1:08 PM

Words matched: unfair labor practices

WILLIAMSON, N.Y., June 8 /PRNewswire-USNewswire/ -- Members of RWDSU Local 220 on strike against Mott's LLP (a wholly

owned subsidiary of DPS) are taking

...York went out on strike on May 24th as a result of unfair labor practices committed by corporate executives in their efforts to impose

drastic...

Community Urges St. Joseph’s to Accept Union at Santa Rosa Memorial Hospital

Beyond Chron – 6/9/10 7:13 AM

Words matched: National Labor Relations Board, NLRB

Workers, elected officials and religious leaders are urging St. Joseph Health Systems to stop appealing the vote by Santa Rosa

Memorial Hospital workers

...28, but St. Joseph s can appeal that decision by June 11 to the NLRB in Washington, DC. Congressmember Lynn Woolsey wrote a

June 3 letter to St .

Andrew Martin

Librarian (Law)

National Labor Relations Board

1099 14th Street NW
2

NLRB-FOIA-00001588

Suite 800

Washington, DC 20570

(202) 273-3724

(202) 273-2906 fax

andrew.martin@nlrb.gov

3

NLRB-FOIA-00001589

Microsoft Outlook

From:

Sent:

To:

Subject:

Ahearn, Richard L.

Thursday, January 20, 2011 4:56 AM

Mattina, Celeste J.

Non-Responsive

Non-Responsive

we met with the IAM in Boeing;

Warm regards,

Exemption 5

Rich

--------------------------

Sent from my BlackBerry Wireless Handheld

Non-Responsive

1

NLRB-FOIA-00001590

Microsoft Outlook

Ahearn, Richard L.

Thursday, January 20, 2011 9:25 AM

Mattina, Celeste J.

From:

Sent:

To:

Subject:

Non-Responsive

The meeting lasted 3 hours; based on my experience before, it's very difficult to follow over

the phone; better not to have strained your ears!

Talk soon.

Cheers,

Rich

-----Original Message-----

From: Mattina, Celeste J.

Sent: Thursday, January 20, 2011 9:10 AM

To: Ahearn, Richard L.

Subject:

Non-Responsive

Non-Responsive

. Cant wait to hear your perspectives on the meeting, so sorry i missed it.

I

probably should have asked to be conferenced in to listen to the discussion, but we have been

busy here

Non-Responsive

I will give

you a call at some point next week.

________________________________________

From: Ahearn, Richard L.

Sent: Thursday, January 20, 2011 4:56 AM

To: Mattina, Celeste J.

Subject:

Non-Responsive

Non-Responsive

Boeing;

we met with the IAM in

Exemption 5

Warm regards,

Rich

--------------------------

Sent from my BlackBerry Wireless Handheld

Non-Responsive

1

NLRB-FOIA-00001591

Non-Responsive

2

NLRB-FOIA-00001592

Microsoft Outlook

From:

Sent:

To:

Subject:

Mattina, Celeste J.

Friday, January 21, 2011 11:04 AM

Tellem, Elbert F.; ML-R02-Professionals (R); ML-R02-Supervisors (R)

RE: See the article on SURFBOARD about the Governor of South Carolina saying that the

state would try to keep unions out of the Boeing plant in North Charleston, SC.

Yes, and the State’s Secretary of Labor, who apparently has experience in fighting

unions, was appointed with great fanfare because she is going to help her reach that

goal.

From: Tellem, Elbert F.

Sent: Friday, January 21, 2011 10:34 AM

To: ML-R02-Professionals (R); ML-R02-Supervisors (R)

Subject: See the article on SURFBOARD about the Governor of South Carolina saying that the state would try to keep

unions out of the Boeing plant in North Charleston, SC.

!

1

NLRB-FOIA-00001593

Microsoft Outlook

From:

Sent:

To:

Subject:

Cleeland, Nancy

Monday, May 16, 2011 12:33 PM

Mattina, Celeste J.

RE: Training

So true – it’s sad to see how far my former profession has fallen

Nancy Cleeland

NLRB Director of Public Affairs

(202) 273-0222

nancy.cleeland@nlrb.gov

From: Mattina, Celeste J.

Sent: Monday, May 16, 2011 12:29 PM

To: Solomon, Lafe E.; Abruzzo, Jennifer; Cleeland, Nancy

Subject: FW: Training

See the attached article.

From: Jaffe, Leah Z.

Sent: Monday, May 16, 2011 12:17 PM

To: ML-R02-Professionals (R); ML-R02-Supervisors (R)

Subject: Training

th

Just to remind we are having training tomorrow on the new Back Pay program in conference room G on the 6
floor. If

you get a chance read GC memo 11-08 ( I sent to everyone last week and it is available on surfboard) before training.

I am also very excited to announce that we have a great speaker lined up for July 25. Ellen Danin is a professor of labor

law at Penn State University who has written extensively about our statute and the Board. She is a huge supporter of

employee rights and has written a book in which she, among other things, proposes arguments that Unions can use,

particularly in the Courts, to make the law more effective. The Book is called “Taking Back the Worker’s Law” and I

encourage you all to read it. I am attaching an article she wrote about the recent Boeing complaint, which you might want

to read before her visit. It is very short. She also writes for a number of labor blogs. If you google her, you will find them.

However, I will provide the links at some point. July 25 will be our training for July.

There will be no training in June, because we are going to be spending a huge amount of time NEX GEN training.

Leah Z. Jaffe

Supervisory Attorney

National Labor Relations Board, Region 2

26 Federal Plaza, Room 3614

New York, N.Y. 10278

(212) 264-0360

FAX (212) 264-2450

1

NLRB-FOIA-00001594

Microsoft Outlook

From:

Sent:

To:

Cc:

Subject:

Flanagan, Kevin P.

W ednesday, June 02, 2010 10:58 AM

Ahearn, Richard L.

Jablonski, Colleen G.; Todd, Dianne; Martin, Andrew; Moskowitz, Eric G.; Platt, Nancy

Re: Your interview with Boeing CEO Jim Albaugh

Rich - I haven't had contact with Dominic Gates. The only person I've been in contact with is Evelyn Edens,

who is the "News Business Development Manager." She probably forwarded my e-mail to Gates.

If you'd like to discuss, I am reachable today at Exemption 6 - Privacy .

On Jun 2, 2010, at 10:49 AM, Ahearn, Richard L. wrote:

Kevin, Is this the reporter to whom you spoke? Want to discuss?

Rich

From: Jablonski, Colleen G.

Sent: Wednesday, June 02, 2010 7:47 AM

To: Ahearn, Richard L.

Cc: Todd, Dianne

Subject: FW: Your interview with Boeing CEO Jim Albaugh

Your thoughts?

From: Martin, Andrew

Sent: Wednesday, June 02, 2010 7:35 AM

To: Todd, Dianne; Jablonski, Colleen G.

Subject: FW: Your interview with Boeing CEO Jim Albaugh

Would you like me to answer him, or would you prefer to handle it? I can also give him a boilerplate brush off that “I’m just

a Librarian, I know nussink!”

From: Dominic Gates [mailto:dgates@seattletimes.com]

Sent: Tuesday, June 01, 2010 1:39 PM

To: Martin, Andrew

Subject: RE: Your interview with Boeing CEO Jim Albaugh

Andrew

Further communication on this matter between the NLRB and the paper, from Kevin Flanagan of the

NLRB Special Litigation Branch, indicates that you want this as part of an investigation into alleged violations of the

National Labor Relations Act. I would like to know precisely what investgiation this will be used for.

Can you provide at least a summary?

Thanks,

Dominic Gates
1

NLRB-FOIA-00001595

aerospace reporter

The Seattle Times

(206) 464-2963

From: Martin, Andrew [mailto:Andrew.Martin@nlrb.gov]

Sent: Friday, May 21, 2010 8:40 AM

To: Dominic Gates

Subject: Your interview with Boeing CEO Jim Albaugh

Mr. Gates,

I’m a librarian with the National Labor Relations Board. As part of some research we’re doing, we found the video of your

interview with Mr. Albaugh on the Seattle Times website. Do you know if it would be possible to get a copy of this video

on CD-Rom or some other persistent medium?

Thanks so much for your help.

Regards,

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

__

Kevin Flanagan

National Labor Relations Board

Special Litigation Branch

1099 14th Street, NW

Washington, DC 20570

Phone: (202) 273-2938 Fax (202) 273-1799

Kevin.Flanagan@nlrb.gov

2

NLRB-FOIA-00001596

Microsoft Outlook

Subject:

Boeing conf call with Ellen

Start:

End:

W ed 6/8/2011 1:30 PM

W ed 6/8/2011 2:30 PM

Recurrence:

(none)

1

NLRB-FOIA-00001597

Microsoft Outlook

From:

Sent:

To:

Subject:

W illen, Debra L

Thursday, December 09, 2010 4:22 PM

Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; Katz, Judy; Omberg, Bob

Haley: New SC labor chief to fight SC Boeing union - W IS News 10 - Columbia, South

Carolina |

http://www.wistv.com/Global/story.asp?S=13636166

1

NLRB-FOIA-00001598

Microsoft Outlook

From:

Sent:

To:

Attachments:

Snook, Dennis

W ednesday, April 20, 2011 11:55 AM

Ahearn, Richard L.; Pomerantz, Anne

CPT.19-CA-032431.Boeing 4-20-2011 Complaint and Not Hrg.pdf

1

NLRB-FOIA-00001599

UN IT E D ST A T E S O F A M E R IC A

B E F O R E T H E N A TIO N A L L A B O R R E L A T IO N S B O A R D

R E G IO N 19

T H E B O E IN G C O M PA N Y

C ase 19-C A -32431

and

IN T E R N A T IO N A L A SSO C IA T IO N O F

M A C H IN IST S A N D A E R O SP A C E W O R K E R S

D IST R IC T L O D G E 751, affiliated w ith

IN T E R N A T IO N A L A SSO C IA T IO N O F

M A C H IN IST S A N D A E R O SP A C E W O R K E R S

C O M PL A IN T A N D N O T IC E O F H E A R IN G

International A ssociation of M achinists and A erospace W orkers D istrict

L odge N o. 751 ("L ocal 751" or the "U nion"), affiliated w ith International A ssociation of

M achinists and A erospace W orkers ("IA M "),
has charged
in C ase 19-C A -32431
that

T he B oeing C om pany ("R espondent" or "B oeing"), has been engaging in unfair labor

practices as s et forth in the N ational L abor R elations A ct (the "A ct"), 29 U .S.C . § 151 et

seq .

B ased thereon,
the
A cting
G eneral
C ounsel of
the N ational
L abor

R elations B oard (the "B oard"), by the undersigned, pursuant to § 10(b) of the A ct and

§ 102.15 of the B oard's R ules and R egulations, issues this C om plaint and N otice of

H earing and alleges as follow s:

1

T he C harge w as filed by the U nion on M arch 26, 2010, a nd w as served on

R espondent by regular m ail on or about M arch 29, 2010.

NLRB-FOIA-00001600

2.

(a)

R espondent, a S tate of D elaw are corporation w ith its headquarters

in C hicago, Illinois, m anufactures
and produces
m ilitary and com m ercial aircraft at

various facilities throughout the U nited S tates, including in E verett, W ashington (the

"facility"), and others in the S eattle, W ashington, and Portland, O regon, m etropolitan

areas.

(b)

R espondent, during the past tw elve m onths, w hich period is

representative of all m aterial tim es, in conducting its business operations described

above in paragraph 2(a), derived gross revenues in excess of $500,000.

(c)

R espondent, during the past tw elve m onths, w hich period
is

representative of all m aterial tim es, in conducting its business operations described

above in paragraph 2(a), both sold and shipped from , and purchased and received at,

the facility goods valued in excess of $50,000 directly to and from points outside the

S tate of W ashington.

(d)

R espondent has been a t all m aterial tim es an em ployer engaged in

com m erce w ithin the m eaning of §§ 2(2), (6) and (7) of the A ct.

3.

T he U nion is, and has been at all m aterial tim es, a labor organization

w ithin the m eaning of § 2(5) of the A ct.

4.

A t all m aterial tim es the follow ing individuals held the positions set forth

opposite their respective
nam es and have been supervisors w ithin the m eaning of

NLRB-FOIA-00001601

§ 2(11) of the A ct, and/or agents w ithin the m eaning of § 2(13) of the A ct, acting on

behalf of R espondent:

Jim A lbaugh

-

E xecutive V ice P resident, B oeing; President

and C E O of Integrated D efense S ystem s (until

late A ugust 2009); C E O , B oeing C om m ercial

A irplanes (as of late A ugust 2009)

Scott C arson

-

E xecutive V ice P resident, B oeing; C E O , B oeing

C om m ercial A irplanes (until late A ugust 2009)

R ay C onner

-

V ice President and G eneral M anager of Supply

C hain M anagem ent and O perations, B oeing

C om m ercial A irplanes

Scott F ancher

-

V ice President and G eneral M anager ofthe 787

Program

Fred K iga

-

V ice President, G overnm ent and C om m unity

R elations

D oug K ight

-

V ice President, H um an R esources, B oeing

C om m ercial A irplanes

Jim M cN erney

-

President, C hairm an, and C E O

Jim Proulx

-

B oeing spokesm an

P at S hanahan

-

V ice President and G eneral M anager of

A irplane Program s

G ene W oloshyn

-

V ice President, E m ployee R elations

5.

(a)

T hose em ployees of R espondent enum erated in Section 1.1(a) of

the collective bargaining agreem ent described below in paragraph 5(c), including, inter

alia,all production and m aintenance em ployees in W ashington S tate, constitute a unit

appropriate for the purposes of collective bargaining w ithin the m eaning of § 9(b) of the

A ct (the "P uget S ound U nit").

(b)

T hose em ployees of R espondent enum erated in Section 1.1(c) of

the collective bargaining agreem ent described below in paragraph 5(c), including, inter

-3-

NLRB-FOIA-00001602

alia,all production and m aintenance em ployees in the Portland, O regon area, constitute

a unit appropriate for the purposes of collective bargaining w ithin the m eaning of § 9(b)

of the A ct (the "Portland U nit").

(c)

S ince at least 1975 and at all m aterial tim es, the IAM has been the

designated exclusive collective bargaining representative of the P uget Sound U nit and

the Portland U nit (collectively, the "U nit") and recognized as such representative by

R espondent. T his recognition has been em bodied in successive collective-bargaining

agreem ents, the m ost recent
of w hich is effective from

N ovem ber
2, 2008, to

S eptem ber 8, 2012.

(d)

Since 1975, during the course of the parties' collective-bargaining

relationship, the IAM engaged in strikes in 1977, 1989, 1995, 2005, and 2008.

6.

O n or about the dates and by the m anner noted below , R espondent m ade

coercive statem ents to its em ployees that it w ould rem ove or had rem oved w ork from

the U nit because em ployees had struck and R espondent threatened or im pliedly

threatened that the U nit w ould lose additional w ork in the event offuture strikes:

(a)

O ctober 21, 2009, by M cN erney in a quarterly earnings conference

call that w as posted on B oeing's intranet w ebsite for all em ployees and reported in the

S eattle P ost Intelligencer A erospace N ew s and quoted in the S eattle T im es, m ade an

extended
statem ent regarding "diversifying
[R espondent's] labor pool
and

labor

relationship," and m oving the 787 D ream liner w ork to S outh C arolina due to "strikes

happening every three to four years in P uget S ound."

-4-

NLRB-FOIA-00001603

(b)

O ctober 28, 2009, based on its O ctober 28, 2009, m em orandum

entitled 7 8 7 S econd L ine, Q uestions and A nsw ers for M anagers," inform ed em ployees,

am ong other things, that its decision to locate the second 787 D ream liner line in S outh

C arolina w as m ade in order to reduce R espondent's vulnerability to d elivery disruptions

caused by w ork stoppages.

(c)

D ecem ber 7, 2009, by C onner and ProuIx in an article appearing in

the S eattle T im es, attributed R espondent's 787 D ream liner production decision to use a

"dual-sourcing" system and to contract w ith separate suppliers for the South C arolina

line to past U nit strikes.

(d)

D ecem ber 8, 2009, by C onner in an article appearing in the P uget

Sound B usiness Journal, attributed R espondent's 787 D ream liner production decision

to use a "dual-sourcing" system and to contract w ith separate suppliers for the S outh

C arolina line to past U nit strikes.

(e)

M arch 2, 2010, by A lbaugh in a video-taped interview w ith a Seattle

T im es reporter, stated that R espondent decided to locate its 787 D ream liner second line

in South C arolina because of past U nit strikes, and threatened the loss of future U nit

w ork opportunities because of such strikes.

7.

(a)

In or about O ctober 2009, on a date better know n to R espondent,

but no later than O ctober 28, 2009, R espondent decided to transfer its second 787

D ream liner production line of 3 planes per m onth from the U nit to its non-union site in

N orth C harleston, S outh C arolina.

NLRB-FOIA-00001604

(b)

R espondent e ngaged in the conduct described above in paragraph

7(a) because the U nit em ployees assisted and/or supported the U nion by, inter alia,

engaging in the protected, concerted activity of law ful strikes and to discourage these

and/or other em ployees from
engaging
in these or other union
and/or protected,

concerted activities.

(c)

R espondent's
conduct
described
above
in
paragraph
7(a),

com bined w ith the conduct described above in paragraph 6, is also inherently

destructive of the rights guaranteed em ployees by § 7 of the A ct.

8.

(a)

In or about O ctober 2009, on a date better know n to R espondent,

but no later than D ecem ber 3, 2009, R espondent decided to transfer a sourcing supply

program for its 787 D ream liner production line from the U nit to its non-union facility in

N orth C harleston, S outh C arolina, or to subcontractors.

(b)

R espondent e ngaged in the conduct described above in paragraph

8(a) because the U nit em ployees assisted and/or supported the U nion by, inter alia,

engaging in the protected, concerted activity of law ful strikes and to discourage these

and/or other em ployees from

engaging
in these or other union and/or protected,

concerted activities.

(c)

R espondent's
conduct
described
above
in
paragraph
8(a),

com bined w ith the conduct described above in paragraphs 6 and 7(a), is also inherently

destructive ofthe rights guaranteed em ployees by § 7 of the A ct.

-6-

NLRB-FOIA-00001605

9.

By the conduct described above in paragraph 6, R espondent has been

interfering w ith, restraining,
and coercing em ployees in the
exercise of the rights

guaranteed in § 7 of the A ct in violation of § 8(a)(1) of the A ct.

10.

By the conduct described above in paragraphs 7 and 8, R espondent has

been discrim inating in regard to the hire or tenure or term s or conditions of em ploym ent

of its em ployees, thereby discouraging m em bership in a labor organization in violation

of §§ 8(a)(3) and (1) of the A ct.

11.

By the conduct described above in paragraphs 6 through 10, R espondent

has engaged in unfair labor practices affecting com m erce w ithin the m eaning of §§ 2(6)

and (7) of the A ct.

12.

A s part of the rem edy for the unfair labor practices alleged herein, the

A cting G eneral C ounsel seeks an O rder requiring either that one of the high level

officials of R espondent alleged to have com m itted the violations enum erated above in

paragraph 6 read, or that a designated B oard agent read in the presence of a high level

B oeing official, any notice that issues in this m atter, and requiring R espondent to

broadcast such reading on R espondent's intranet to all em ployees.

13.

(a)

A s part of the rem edy for the unfair labor practices alleged above in

paragraphs 7 and 8, the A cting G eneral C ounsel seeks an O rder requiring R espondent

-7-

NLRB-FOIA-00001606

to have the U nit operate its second line of 787 D ream liner aircraft assem bly production

in the S tate of W ashington, utilizing supply lines m aintained by the U nit in the S eattle,

W ashington, and Portland, O regon, area facilities.

(b)

O ther than
as set forth in paragraph
13(a) above,
the
relief

requested by the A cting G eneral C ounsel does not seek to prohibit R espondent from

m aking
non-discrim inatory
decisions w ith respect to w here w ork w ill be perform ed,

including non-discrim inatory decisions w ith respect to w ork at its N orth C harleston,

South C arolina, facility.

A N SW E R R E Q UIR E M E N T

R espondent is notified that, pursuant to §§ 102.20 and 102.21
of the

B oard's R ules and R egulations, it m ust file an answ er to this C om plaint. T he answ er

m ust be received by th is office on or before M ay 4, 2011, or postm arked on or

before M ay 3, 20111,
U nless filed electronically in a pdfform at, R espondent should file

an original and four copies of the a nsw er w ith this office and serve a copy of the answ er

on each of the other parties.

A n answ er m ay also be filed electronically by using the E-Filing system on

the A gency's w ebsite.
In order to file an answ er electronically, access the A gency's

w ebsite at w w w .nirb.cjov, click on F ile C a se D o cu m en ts, enter the N LR B C ase

N um ber, and follow the detailed
instructions. T he responsibility for the receipt and

usability of the answ er rests exclusively upon the sender.
U nless notification on the

A gency's
w ebsite inform s users that
the A gency's E-Filing system

is
officially

determ ined to be in technical failure because it is unable to receive docum ents for a

continuous period of m ore than 2 hours after 12:00 noon (E astern T im e) on the due

-8-

NLRB-FOIA-00001607

date for filing, a failure to tim ely file the answ er w ill not be excused on the basis that the

transm ission could not be accom plished because the A gency's w ebsite w as off-line or

unavailable for som e other reason. T he B oard's R ules and R egulations require that an

answ er be signed by counsel or non-attorney representative for represented parties or

by the party ifnot represented.
S ee § 102.21. Ifthe answ er being filed electronically is

a pdf docum ent containing the required signature, no paper copies of the docum ent

need to be transm itted to the R egional O ffice. H ow ever, ifthe electronic version of an

answ er to a com plaint is not a pdf file containing the required signature, then the E-filing

rules require that such answ er containing the required signature be subm itted to the

R egional O ffice by traditional m eans w ithin three (3) business days after the date of

electronic filing.

S ervice of the answ er on each of the other parties m ust b e accom plished

in conform ance w ith the requirem ents of § 102.114 of the B oard's R ules and

R egulations. T he answ er m ay not be filed by facsim ile transm ission. Ifno answ er is

filed or ifan answ er is filed untim ely, the B oard m ay find, pursuant to M otion for D efault

Judgm ent, that the allegations in this C om plaint are true.

N O T IC E O F H EA R IN G

PL E A SE TA K E N O TIC E TH A T on the 14th day of Ju n e, 2011, at 9:00

a.m ., in Jam es C . S and
H earing R oom , 2966 Jack so n
F ederal B uilding, 915

S econd A venue,
S eattle, W ashington, and
on consecutive days thereafter until

concluded, a hearing w ill be conducted before an A dm inistrative Law Judge of the

N ational L abor R elations B oard. A t the hearing, R espondent and any other party to this

proceeding have the right to appear and present testim ony regarding the allegations in

-9-

NLRB-FOIA-00001608

this com plaint.
T he procedures to be follow ed
at the hearing are described in the

attached Form N L R B -4668. T he procedure to request a postponem ent of the hearing is

described in the attached Form N L R B -4338.

D A TED at S eattle, W ashington, this 2 0 th day of A pril, 2011.

R ichard L .A hearn, R egional D irector

N ational L abor R elations B oard, R egion 19

2948 Jackson F ederal B uilding

915 S econd A venue

S eattle, W ashington 98174-1078

NLRB-FOIA-00001609

Microsoft Outlook

Ahearn, Richard L.

W ednesday, April 20, 2011 3:03 PM

Pomerantz, Anne; Anzalone, Mara-Louise

FW : Senator Graham's statement

From:

Sent:

To:

Subject:

From: Wagner, Anthony R.

Sent: Wednesday, April 20, 2011 12:00 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Ahearn, Richard L.; Mattina, Celeste J.; Garza, Jose

Subject: Senator Graham's statement

http://lgraham.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=74179e31-802a-

23ad-4e6e-3b1394738c8d

Senator Graham Press Releases

Contact: Meghan Hughes (202-224-5972) or Kevin Bishop (864-250-1417)

Date: 04/20/2011

Graham on NLRB Complaint against Boeing

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement on the National Labor

Relations Board (NLRB) complaint against Boeing.

“This is one of the worst examples of unelected bureaucrats doing the bidding of special interest groups that I’ve ever

seen. In this case, the NLRB is doing the bidding of the unions at great cost to South Carolina and our nation’s economy.

“It makes perfect sense for a world-class company like Boeing to diversify their production capabilities. Boeing made a

solid business decision in coming to South Carolina, and we welcome them with open arms. They could have gone

anywhere, but they knew that South Carolina was a great place to do business. Their decision to open their new facility in

North Charleston will pay dividends for the company, its workers, and our state for many years to come. It’s a decision

that will stand the test of time.

“If successful, the NLRB complaint would allow unions to hold a virtual ‘veto’ over business decisions. Left to their own

devices, the NLRB would routinely punish right-to-work states that value and promote their pro-business climates. The

current makeup of the NLRB Board has been skewed against business. This action will not be allowed to stand.

“I would be surprised if any court recognized the legitimacy of this complaint. It’s pretty easy to see that at its heart, this is

about union politics.

As Senator, I will do everything in my power, including introducing legislation cutting off funding for

this wild goose chase, to stop the NLRB’s frivolous complaint.”

#####

1

NLRB-FOIA-00001610

Microsoft Outlook

From:

Sent:

To:

Subject:

Anzalone, Mara-Louise

W ednesday, April 20, 2011 5:00 PM

Pomerantz, Anne

Re: Senator Graham's statement

Awesome. Sounds like they're just going to furlough you and me.

M-L.A.

On Apr 20, 2011, at 12:03 PM, "Ahearn, Richard L." <Richard.Ahearn@nlrb.gov> wrote:

From: Wagner, Anthony R.

Sent: Wednesday, April 20, 2011 12:00 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Ahearn, Richard L.; Mattina, Celeste J.; Garza, Jose

Subject: Senator Graham's statement

http://lgraham.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=

74179e31-802a-23ad-4e6e-3b1394738c8d

Senator Graham Press Releases

Contact: Meghan Hughes (202-224-5972) or Kevin Bishop (864-250-1417)

Date: 04/20/2011

Graham on NLRB Complaint against Boeing

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement on the

National Labor Relations Board (NLRB) complaint against Boeing.

“This is one of the worst examples of unelected bureaucrats doing the bidding of special interest groups

that I’ve ever seen. In this case, the NLRB is doing the bidding of the unions at great cost to South

Carolina and our nation’s economy.

“It makes perfect sense for a world-class company like Boeing to diversify their production capabilities.

Boeing made a solid business decision in coming to South Carolina, and we welcome them with open

arms. They could have gone anywhere, but they knew that South Carolina was a great place to do

business. Their decision to open their new facility in North Charleston will pay dividends for the company,

its workers, and our state for many years to come. It’s a decision that will stand the test of time.

“If successful, the NLRB complaint would allow unions to hold a virtual ‘veto’ over business decisions.

Left to their own devices, the NLRB would routinely punish right-to-work states that value and promote

their pro-business climates. The current makeup of the NLRB Board has been skewed against business.

This action will not be allowed to stand.

“I would be surprised if any court recognized the legitimacy of this complaint. It’s pretty easy to see that

at its heart, this is about union politics. As Senator, I will do everything in my power, including

introducing legislation cutting off funding for this wild goose chase, to stop the NLRB’s frivolous

complaint.”

#####

1

NLRB-FOIA-00001611

Microsoft Outlook

From:

Sent:

To:

Subject:

Ahearn, Richard L.

Friday, May 20, 2011 12:13 PM

Pomerantz, Anne; Anzalone, Mara-Louise; Harvey, Rachel; Finch, Peter G.

Fw: Google Alert - National labor relations board

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Google Alerts <googlealerts-noreply@google.com>

To: Ahearn, Richard L.

Sent: Fri May 20 12:03:22 2011

Subject: Google Alert - National labor relations board

2 new results for National labor relations board

News

Right wing flies off course on Boeing controversy

The Hill (blog)

By Kimberly Freeman Brown - 05/20/11 11:19 AM ET Right-wing pundits and politicians have been in rare form over the past few

weeks, with the National Labor Relations Board's complaint against Boeing serving as a catalyst for their ramped up attack on ...

See all stories on this topic »

NLRB stance on social networks getting a little clearer

Hr Morning

The National Labor Relations Board just can't seem to get enough of this new-fangled social networking business. But a couple of

recent developments provide some clarification on where the agency's headed on the issue. First, NLRB officials decided ...

See all stories on this topic »

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1

NLRB-FOIA-00001612

Microsoft Outlook

From:

Sent:

To:

Subject:

Ahearn, Richard L.

Monday, June 13, 2011 10:14 AM

Pomerantz, Anne; Anzalone, Mara-Louise; Finch, Peter G.; Harvey, Rachel

Fw: Google Alert - National labor relations board

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Google Alerts <googlealerts-noreply@google.com>

To: Ahearn, Richard L.

Sent: Mon Jun 13 05:40:27 2011

Subject: Google Alert - National labor relations board

1 new result for National labor relations board

News

Commentary: Boeing gets corporate welfare in S.C.

Kansas City Star

They wrote passionately about the silly labor dispute over Boeing's decision to build a new plant in North Charleston to the dismay of

the unions in its home base of Washington. The National Labor Relations Board has put in a complaint about the move, ...

See all stories on this topic »

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1

NLRB-FOIA-00001613

Microsoft Outlook

From:

Sent:

To:

Subject:

NYTimes.com [newstracker@nytimes.com]

Tuesday, June 14, 2011 2:46 AM

Pomerantz, Anne

My Alerts: Labor Board (1 article)

June 14, 2011

My Alerts

ADVERTISEMENT

Alert Name: Labor Board

June 14, 2011 Compiled: 2:05 AM

BUSINESS DAY

Boeing Labor Battle Is Poised to Go Before Judge

By STEVEN GREENHOUSE (NYT)

The National Labor Relations Board will argue the machinists’ union’s case before a judge,

though all sides say they would prefer to settle the case over a production line in South

Carolina.

More Articles On This Topic »

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2

NLRB-FOIA-00001615

Microsoft Outlook

Pomerantz, Anne

W ednesday, June 15, 2011 4:33 PM

Harvey, Rachel

Fwd: Jun. 14 -- BNA, Inc. Daily Labor Report

From:

Sent:

To:

Subject:

Sent from my magical word transmission machine. Pardon the inevitable typos.

----- Forwarded message -----

From: "BNA Highlights" <bhighlig@bna.com>

Date: Tue, Jun 14, 2011 7:29 pm

Subject: Jun. 14 -- BNA, Inc. Daily Labor Report

To: "Pomerantz, Anne" <Anne.Pomerantz@nlrb.gov>

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

Tuesday, June 14, 2011 · Number 114

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

Unfair Labor Practices

Agencies

Hearing Opens in Seattle on ULP Complaint

States

Accusing Boeing of Retaliating Against IAM

Courts/Tribunals

SEATTLE—National Labor Relations Board and Boeing Co.

attorneys June 14 fired the opening salvos in a hearing before

an administrative law judge to decide whether the company

created a second 787 Dreamliner assembly line at a nonunion...

Federal Statutes

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

Disabilities

Court Rules Failure to File Timely Claims

Not Excused by Alleged Mental Disability

NLRB Summaries

Wage Trend Indicator

Calendar of Events

A former AARP attorney's discrimination claim under the

Americans with Disabilities Act must be dismissed because her

alleged post-traumatic stress disorder does not excuse her

failure to exhaust administrative remedies under the...

Disabilities

Equitable Tolling Applies to Disability Claim,

As EEOC's Inaction Caused Delay, Court Says

A Lowe's Home Centers Inc. live nursery specialist who resigned

after allegedly being harassed about her breast cancer is

entitled to equitable tolling of the deadline for filing her

1

NLRB-FOIA-00001616

disability discrimination charge with the Equal Employment...

Employment

Employers Plan to Boost Hiring,

But Remain Cautious, Manpower Reports

Overall employment in the third quarter of 2011 is expected to

increase for the seventh consecutive quarter, according to

survey results released June 14 by ManpowerGroup. ...

Employment

Staffing Agency Employment Increased

14.3 Percent in First Quarter, ASA Says

U.S. temporary staffing agencies employed an average of

2,620,000 temporary and contract workers per day during the

first quarter of 2011, an increase of 14.3 percent from the

2,290,000 contingent workers employed during the same

period...

Government Contracts

Barred New Jersey Contractor Sentenced

For Using Fraud to Bid on Public Contracts

PHILADELPHIA—A New Jersey state court June 10 sentenced a

contractor to prison for using a stolen identity, a fictitious

company, and fraudulent documents to successfully bid on

public works projects when his companies were legally...

Health Care Employees

NUHW Notifies Salinas Valley Hospital

Of Plan for One-Day Strike June 21

The National Union of Healthcare Workers has notified Salinas

Valley Memorial Hospital in Salinas, Calif., that the union plans

to conduct a 24-hour strike June 21 to protest what it calls the

hospital’s refusal to bargain in good faith...

Health Care

Most Health Plans Granted Waivers Forecast

Premium Increases of More Than 10 Percent

Most of the employers, unions, and health plans that were

allowed to delay implementing restrictions on annual benefit

limits under the health care overhaul law projected that the

restrictions would result in premium increases of more than...

Immigration

Smith Introduces House Bill That Would

Mandate E-Verify Use for All U.S. Employers

House Judiciary Committee Chairman Lamar Smith (R-Texas)

June 14 introduced a bill, the proposed Legal Workforce Act

(H.R. 2164), that would mandate the use of E-Verify for all new

hires by U.S. employers....

Independent Contractors

Nevada Governor Kills Bill to Fine Employers

For Misclassifying Employees as Contractors

PHOENIX—Nevada Gov. Brian Sandoval (R) June 13 vetoed

legislation (S.B. 207) that would have given the state Labor

Commission the authority to impose fines on employers that
2

NLRB-FOIA-00001617

misclassify their workers as independent contractors....

NMB

NMB to Change Certification Procedures

For Railroad Arbitrators Due to GAO Finding

The National Mediation Board will change its certification

process for arbitrators in railroad industry arbitration cases, the

agency announced June 8....

Pensions

DOL Attorney Calls High Court Ruling

On Surcharge as Breach Remedy ‘Vindication’

A Labor Department attorney said during a June 13 webcast

that she felt "vindication" following a recent ruling by the U.S.

Supreme Court that surcharges are an acceptable remedy as a

form of equitable relief against a pension plan’s...

Pensions

PBGC Issues Final Regulation Under PPA

On Terminating Plans in Bankruptcy Filings

The Pension Benefit Guaranty Corporation in a final rule

published in the June 14 Federal Register released regulations

that, in most cases, will reduce the amount of pension benefits

guaranteed under PBGC’s single-employer insurance...

Prevailing Wages

DOL Recovers $1.3 Million, Debars

Contractor for Failing to Pay Prevailing Wage

A Chelsea, Mass.-based construction contractor has turned over

$1.3 million in unpaid prevailing wages and fringe benefits owed

to workers performing carpentry, painting, tile, and building

labor work on a federally funded rehabilitation...

Prevailing Wages

House Narrowly Votes to Remove

PLA Ban From Military Construction Bill

The House June 13 voted to retain union-favored policies when

lawmakers adopted an amendment to the 2012 Military

Construction and Veterans Affairs spending measure (H.R.

2055) that would repeal a ban on project labor agreements and

rejected...

Retaliation

Sikh Worker Fired After Complaint About

Terrorist Remark Has Triable Title VII Claim

A Sikh network security analyst, who is of Indian descent and

wears a full beard and a turban, can proceed with claims that

his employer fired him in retaliation for complaining that two co-

workers allegedly directed the word "terrorist"...

Safety & Health

MSHA Opens New Office in Southern West Virginia

The Coal Mine Safety and Health Division has opened its new

District 12 office, the Labor Department's Mine Safety and

Health Administration announced June 14....

3

NLRB-FOIA-00001618

State Employees

Wisconsin Supreme Court Overturns

Order Voiding Collective Bargaining Law

CHICAGO—Wisconsin's controversial law stripping thousands of

public employees of collective bargaining rights is headed

toward full implementation following a Wisconsin Supreme

Court decision June 14 overturning a lower...

State Laws

Burden of Proof in Employment Litigation

Shifted to Employee Under Tennessee Law

RALEIGH, N.C.—Employees in Tennessee now have a higher

burden of proof in employment discrimination litigation under a

bill (H.B. 1641) signed into law by Gov. Bill Haslam (R) June

10....

Trucking

Local Union Heads Approve IBT Carhaul Pact,

Members to Vote on Ratification by August

Officials with International Brotherhood of Teamsters locals that

represent workers in the union's carhaul division June 13 voted

unanimously to send a tentative collective bargaining

agreement to the membership for ratification,...

Trucking

Proposed Hours Of Service Regulations

Called Unneeded, Costly At House Hearing

Proposed hours of service (HOS) regulations currently being

promulgated by the Federal Motor Carrier Safety Administration

(FMCSA) to improve driver safety are unnecessary and could

prove costly to small trucking businesses, lawmakers...

Unfair Labor Practices

D.C. Circuit Backs Labor Board ULP Finding;

Hospital Denied Union's Information Request

The National Labor Relations Board properly concluded that a

New York hospital violated its statutory duty to bargain with a

labor union when it failed to respond to the union's information

requests about nurse practitioners employed...

Wage & Hour

Pennsylvania Appeals Court Affirms

$187 Million Award Against Wal-Mart

PHILADELPHIA—A Pennsylvania state appeals court June 10

upheld a $187 million judgment against Wal-Mart Stores Inc. in

a class action filed by hourly workers employed at the retailer's

Pennsylvania stores who claimed that Wal-Mart...

ALSO IN THE COURTS

Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

CONFERENCE REPORT
4

NLRB-FOIA-00001619

Safety & Health

Michaels Urges Early Implementation;

Howard Says NIOSH Will Push Safety Studies

CHICAGO—Prudent employers should begin implementing the

principles of the Occupational Safety and Health

Administration's injury and illness prevention program before

OSHA issues its final rule, David Michaels, assistant...

ECONOMIC NEWS

Compensation

BNA's Wage Indicator Predicts Pickup

In Annual Gains for Private Sector Workers

The rate of annual wage growth for workers in the private

sector is expected to pick up later this year, according to the

revised second quarter Wage Trend Indicator scheduled for

release June 15 by BNA....

Economic Activity

May Retail Sales Down 0.2 Percent,

Marking First Decline Since Last June

Retail sales fell 0.2 percent in May as auto sales declined for the

third month in a row, the Commerce Department reported June

14....

Prices

Energy Prices Drive 0.2 Percent Rise

In May PPI, While Food Prices Decline

As has been the case since last fall, energy prices were the

main factor pushing up wholesale prices, which rose 0.2 percent

seasonally adjusted in May, according to figures released June

14 by the Labor Department's Bureau of Labor Statistics....

Listing

WTI Components and Index, 1st Quarter 2003 — 2nd

Quarter 2011

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

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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

5

NLRB-FOIA-00001620

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.

6

NLRB-FOIA-00001621

Microsoft Outlook

Levin, Nelson

W ednesday, April 20, 2011 3:10 PM

Siegel, Richard A.; Purcell, Anne G.

FW : Senator Graham's statement

From:

Sent:

To:

Subject:

From: Ahearn, Richard L.

Sent: Wednesday, April 20, 2011 3:08 PM

To: Levin, Nelson; Kelly, David A.

Subject: FW: Senator Graham's statement

From: Wagner, Anthony R.

Sent: Wednesday, April 20, 2011 12:00 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Ahearn, Richard L.; Mattina, Celeste J.; Garza, Jose

Subject: Senator Graham's statement

http://lgraham.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=74179e31-802a-

23ad-4e6e-3b1394738c8d

Senator Graham Press Releases

Contact: Meghan Hughes (202-224-5972) or Kevin Bishop (864-250-1417)

Date: 04/20/2011

Graham on NLRB Complaint against Boeing

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement on the National Labor

Relations Board (NLRB) complaint against Boeing.

“This is one of the worst examples of unelected bureaucrats doing the bidding of special interest groups that I’ve ever

seen. In this case, the NLRB is doing the bidding of the unions at great cost to South Carolina and our nation’s economy.

“It makes perfect sense for a world-class company like Boeing to diversify their production capabilities. Boeing made a

solid business decision in coming to South Carolina, and we welcome them with open arms. They could have gone

anywhere, but they knew that South Carolina was a great place to do business. Their decision to open their new facility in

North Charleston will pay dividends for the company, its workers, and our state for many years to come. It’s a decision

that will stand the test of time.

“If successful, the NLRB complaint would allow unions to hold a virtual ‘veto’ over business decisions. Left to their own

devices, the NLRB would routinely punish right-to-work states that value and promote their pro-business climates. The

current makeup of the NLRB Board has been skewed against business. This action will not be allowed to stand.

“I would be surprised if any court recognized the legitimacy of this complaint. It’s pretty easy to see that at its heart, this is

about union politics.

As Senator, I will do everything in my power, including introducing legislation cutting off funding for

this wild goose chase, to stop the NLRB’s frivolous complaint.”

#####

1

NLRB-FOIA-00001622

Microsoft Outlook

BNA Highlights [bhighlig@bna.com]

Tuesday, May 24, 2011 10:12 PM

Purcell, Anne G.

May 24 -- BNA, Inc. Daily Labor Report

From:

Sent:

To:

Subject:

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

Tuesday, May 24, 2011 · Number 100

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

Discrimination

Agencies

Retail Worker Called an ‘Old Cripple' Lacks

States

ADA, ADEA Harassment Claims, Court Rules

Courts/Tribunals

A 51-year-old retail auto parts specialist who has lupus,

fibromyalgia, diabetes, and arthritis and claimed a 29-year-old

co-worker called him an "old cripple" cannot proceed with

hostile work environment claims under the Age...

Federal Statutes

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

Autos

NLRB Summaries

Chrysler Repays Government Loans;

Wage Trend Indicator

Democrats Credit TARP Rescue Plan

Calendar of Events

LANSING, Mich.—Chrysler Group LLC said May 24 it repaid $7.6

billion in U.S. and Canadian government loans, saving some

$350 million a year and reducing the Treasury's stake in the

company to 6.6 percent....

Disabilities

Fired Diabetic Driver Lacks ADA Claim

Because Not ‘Qualified' for Job, Court Rules

A highway sweeper operator with diabetes terminated by his

private employer because his medical condition prevented

renewal of his commercial driver's license has no Americans

with Disabilities Act claim because he was not qualified...

Discrimination

CRS Report Provides Legal Analysis

Of Employment Non-Discrimination Act

The Congressional Research Service released a report May 23

that provides a legal analysis of legislation (S. 811, H.R. 1397)

that aims to prohibit employment discrimination based on

sexual orientation and gender identity....

Employment Policies

1

NLRB-FOIA-00001623

Employers Increasingly Discipline Workers

Over Misuse of Social Media, Survey Finds

In 2011, some 42 percent of corporate compliance officers

polled said employees were disciplined for misusing social media

applications, an 18 percent hike since 2009, according to a

recent survey report....

Immigration

More Can Be Done to Combat Forced Labor,

Including Involving Businesses, Witnesses Say

The United States has taken steps to address the issue of forced

labor, but more can be done to combat human trafficking,

including involving the business community in supply chain

monitoring, witnesses said at a May 23 hearing before the

Commission...

NLRB

House Panel Leaders ‘Disappointed' by NLRB

Failure to Produce Boeing Case Documents

House Education and the Workforce Committee Chairman John

Kline (R-Minn.) and Phil Roe (R-Tenn.), chairman of the panel's

Health, Employment, Labor, and Pensions Subcommittee, May

24 said they were disappointed that the National Labor...

Retaliation

Provisions of Ohio's Tort Reform Statute

Apply to Claims Under State Job Bias Law

Ohio tort reform law applies to claims of employment

discrimination under the Ohio Civil Rights Act, a state appeals

court ruled May 19, ordering that a $46 million verdict—"the

largest retaliatory discharge jury award in Ohio...

Safety & Health

Hyatt Cited for Safety, Recordkeeping

Violations, but Not Ergonomic Hazards

Federal and state occupational safety and health agencies cited

Hyatt hotels in Chicago, San Antonio, Texas, and Hollywood,

Calif., in May for safety and recordkeeping violations but not for

alleged ergonomic problems that have been the...

Safety & Health

Jail for Company Owner, Foreman Over Worker's Fall

A California superior court sentenced a company owner and a

foreman to one-year jail terms May 23 for failing to put fall

protection measures in place that could have prevented the

death of a San Francisco roofer (California v. Shim, Cal. Super...

Safety & Health

Nursing Homes Targeted for Scrutiny

Under OSHA National Emphasis Program

Nursing homes and similar health care facilities are likely to be

the target of a national emphasis program to be developed by

the Labor Department’s Occupational Safety and Health

Administration, an action that would involve more...

Safety & Health
2

NLRB-FOIA-00001624

OSHA Launches Nationwide Survey

In an attempt to design better rules and compliance assistance

programs, the Labor Department’s Occupational Safety and

Health Administration May 23 said it has launched a survey of

employers to gather information about their safety...

State Laws

Nevada Governor Signs Bill Banning

Discrimination on Basis of Gender Identity

PHOENIX—Nevada Gov. Brian Sandoval (R) May 24 signed

legislation (A.B. 211) banning discrimination in employment

based on gender identity or expression, his press secretary told

BNA....

State Laws

Tennessee Governor Signs Measure

Curbing Some Local Anti-Bias Rules

RALEIGH, N.C.—Cities and counties in Tennessee are prohibited

from adopting ordinances or resolutions extending

nondiscrimination requirements to groups not protected by state

law under legislation (H.B. 600) signed into law...

Unemployment

DOL Promotes Job Clubs to Help Jobless

Cope with Unemployment, Find New Jobs

Job clubs that bring unemployed community members together

for moral support, networking, and job search training are an

important tool that should be encouraged during the aftermath

of the recession, Labor Department officials and job...

Utilities

UWU Members Ratify Three-Year Contract

With New Jersey’s Public Service Group

Members of Utility Workers Union Local 601 have ratified by a

93 percent majority of voting members a three-year contract

with Public Service Enterprise Group Inc. covering about 1,300

employees of the Newark, N.J.-based utility, a local...

Workers' Compensation

Washington Legislature Passes Measure

To Overhaul Workers' Compensation Program

SEATTLE—The Washington state legislature May 23 passed a bill

(EHB 2123) to overhaul its workers' compensation program for

the purpose of stabilizing premium rates and claim costs....

Youth Employment

Unemployed Youth, Dropouts Challenge

Federal Job Training Efforts, CRS Reports

Challenges in the economy and among certain youth

populations have heightened concern that young people may

not have the educational attainment and employment

experience needed to become highly skilled workers,

contributing taxpayers,...

ALSO IN THE COURTS
3

NLRB-FOIA-00001625

Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

CONFERENCES & MEETINGS

Calendar of Events

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.

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

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NLRB-FOIA-00001627

NLRB-FOIA-00001628

NLRB-FOIA-00001629

NLRB-FOIA-00001630

NLRB-FOIA-00001631

NLRB-FOIA-00001632

NLRB-FOIA-00001633

NLRB-FOIA-00001634

NLRB-FOIA-00001635

NLRB-FOIA-00001636

NLRB-FOIA-00001637

NLRB-FOIA-00001638

NLRB-FOIA-00001639

NLRB-FOIA-00001640

NLRB-FOIA-00001641

NLRB-FOIA-00001642

NLRB-FOIA-00001643

NLRB-FOIA-00001644

NLRB-FOIA-00001645

NLRB-FOIA-00001646

NLRB-FOIA-00001647

NLRB-FOIA-00001648

NLRB-FOIA-00001649

NLRB-FOIA-00001650

NLRB-FOIA-00001651

NLRB-FOIA-00001652

NLRB-FOIA-00001653

Microsoft Outlook

From:

Sent:

To:

Subject:

Martin, Andrew

W ednesday, June 09, 2010 8:42 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

NLRB Region Dismisses Election Petition

For NYU Graduate Assistants; UAW to Appeal

A National Labor Relations Board regional director June 7 dismissed a petition filed by a local of the United

Auto Workers seeking a representation election for some 1,800 graduate teaching and research assistants

at New York University,...

NLRB Dismisses St. Barnabas Request

To Review Employment Status of House Staff

Dismissing a request for review of a regional director's decision ordering an election among interns and

residents at St. Barnabas Hospital in Bronx, N.Y., a divided National Labor Relations Board rejected the

employer's argument...

NLRB ruling could affect hospital residents, interns

Philly.com – 6/8/10 3:15 PM

1 other source (The Philadelphia Inquirer)

Words matched: National Labor Relations Board, NLRB

A National Labor Relations Board ruling upholding a union election by hospital residents and interns may clear the way for more

organizing at hospitals

NLRB ruling could affect hospital residents, interns A National Labor Relations Board ruling upholding a union election by hospital

residents ...

Picket Line Against Dr. Pepper Snapple Group (NYSE: DPS) Extended to Include Pennsylvania Plant; Consumer And Health &

Safety Leafleting at St. Louis Plant

Scottrade – 6/8/10 2:38 PM

1 other source (PR Newswire)

Words matched: unfair labor practices

Members of RWDSU Local 220 on strike against Mott's LLP (a wholly owned subsidiary of DPS) are taking their picket line to a second

Mott's facility

...York went out on strike on May 24th as a result of unfair labor practices committed by corporate executives in their efforts to impose

drastic...

25,000 U.S. Nurses Expected to Strike

All Voices – 6/8/10 10:26 AM

Words matched: unfair labor practice

Some 13,000 California nurses and 12,000 Minnesota nurses are expected to hold a one-day strike on Thursday,

June 10thunless they are able to resolve

...California Nurses Association in2005, which was found to be unfair labor practice by The Public Employment

Relations Board. Negotiations are...

Union complains Boeing decision to locate in S.C. was retaliatory

Gsa Business – 6/8/10 2:33 PM
1

NLRB-FOIA-00001654

Words matched: National Labor Relations Act

Boeing Co.’s decision to build its new 787 Dreamliner final assembly line in South Carolina was a retaliatory measure against organized

labor said a

...the National Labor Relations Board s Seattle office in March. The National Labor Relations Act gives workers the right to unionize ,

strike and...

Labor union journalist: I was fired for organizing workers - BostonHerald.com

BostonHerald.com – 6/8/10 2:02 PM

Words matched: National Labor Relations Board

A pro-union firm knew Eesha Williams was a rabble-rousing labor activist when it hired the Vermont journalist to write for the

Massachusetts AFL -CIO’

...Williams has filed charges against. The Boston office of the National Labor Relations Board confirmed yesterday that it has

received Williams latest...

UNITE HERE Strikes Hyatt Regency

In San Francisco for Three Days

Members of UNITE HERE Local 2 June 8 launched a three-day strike at the Hyatt Regency in San Francisco

to protest the nearly 10 months the city's hotel workers have gone without a collective bargaining

agreement, the union announced....

Residents, interns hopeful of union win in St. Barnabas Hospital battle

NY Daily News – 6/9/10 4:00 AM

Words matched: National Labor Relations Board, NLRB

The National Labor Relations Board may have finally ended the bitter labor battle between St. Barnabas Hospital and its interns and

resident physicians

...hopeful of union win in St. Barnabas Hospital battle The National Labor Relations Board may have finally ended the bitter labor

battle between...

U.S. Senator Lincoln Wins Renomination in Arkansas, AP Says

Bloomberg.com – 6/8/10 11:02 PM

1 other source (Business Week)

Words matched: National Labor Relations Board

June 8 (Bloomberg) -- U.S. Senator Blanche Lincoln of Arkansas overcame the anti-incumbent mood among many voters and won the

Democratic nomination

...and for voting against union lawyer Craig Becker s nomination to the National Labor Relations Board . You see the center-left

tension within the...

Picket Line Against Dr. Pepper Snapple Group (NYSE: DPS) Extended To Include Pennsylvania Plant; Consumer And Health &

Safety Leafleting At St. Louis Plant

TheStreet.com – 6/8/10 1:08 PM

Words matched: unfair labor practices

WILLIAMSON, N.Y., June 8 /PRNewswire-USNewswire/ -- Members of RWDSU Local 220 on strike against Mott's LLP (a wholly

owned subsidiary of DPS) are taking

...York went out on strike on May 24th as a result of unfair labor practices committed by corporate executives in their efforts to impose

drastic...

Community Urges St. Joseph’s to Accept Union at Santa Rosa Memorial Hospital

Beyond Chron – 6/9/10 7:13 AM

Words matched: National Labor Relations Board, NLRB

Workers, elected officials and religious leaders are urging St. Joseph Health Systems to stop appealing the vote by Santa Rosa

Memorial Hospital workers

...28, but St. Joseph s can appeal that decision by June 11 to the NLRB in Washington, DC. Congressmember Lynn Woolsey wrote a

June 3 letter to St .

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-00001655

Microsoft Outlook

Solomon, Lafe E.

Friday, March 25, 2011 5:10 PM

Kearney, Barry J.

RE: Judge Luttig call

From:

Sent:

To:

Subject:

You pick.

From: Kearney, Barry J.

Sent: Friday, March 25, 2011 3:20 PM

To: Solomon, Lafe E.; Mattina, Celeste J.

Cc: Farrell, Ellen; Sophir, Jayme

Subject: FW: Judge Luttig call

From: Kilberg P.C., William [mailto:WKilberg@gibsondunn.com]

Sent: Friday, March 25, 2011 3:18 PM

To: Kearney, Barry J.

Subject: Judge Luttig call

Barry:

The Judge's office just forwarded me some times when the Judge

should be available for a call:

Monday, noon to 1 PM EDT or 2:30 -

4:00 PM EDT; Tuesday, 10 AM to 1 PM EDT.

Best,

Bill

William J. Kilberg

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

1050 Connecticut Avenue, N.W., Washington, DC 20036-5306

Tel +1 202.955.8573 • Fax +1 202.530.9559

WKilberg@gibsondunn.com • www.gibsondunn.com

1

NLRB-FOIA-00001656

Microsoft Outlook

Kearney, Barry J.

Friday, March 25, 2011 5:26 PM

'W Kilberg@gibsondunn.com'

Solomon, Lafe E.

Re: Judge Luttig call

From:

Sent:

To:

Cc:

Subject:

Monday at 2:30

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Kilberg P.C., William <WKilberg@gibsondunn.com>

To: Kearney, Barry J.

Sent: Fri Mar 25 15:17:51 2011

Subject: Judge Luttig call

Barry:

The Judge's office just forwarded me some times when the Judge

should be available for a call:

Monday, noon to 1 PM EDT or 2:30 -

4:00 PM EDT; Tuesday, 10 AM to 1 PM EDT.

Best,

Bill

William J. Kilberg

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

1050 Connecticut Avenue, N.W., Washington, DC 20036-5306

Tel +1 202.955.8573 • Fax +1 202.530.9559

WKilberg@gibsondunn.com • www.gibsondunn.com

1

NLRB-FOIA-00001657

Microsoft Outlook

Solomon, Lafe E.

Friday, March 25, 2011 5:29 PM

Kearney, Barry J.

Contee, Ernestine R.

RE: Judge Luttig call

From:

Sent:

To:

Cc:

Subject:

Can’t wait. Have a good weekend.

From: Kearney, Barry J.

Sent: Friday, March 25, 2011 5:26 PM

To: 'WKilberg@gibsondunn.com'

Cc: Solomon, Lafe E.

Subject: Re: Judge Luttig call

Monday at 2:30

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Kilberg P.C., William <WKilberg@gibsondunn.com>

To: Kearney, Barry J.

Sent: Fri Mar 25 15:17:51 2011

Subject: Judge Luttig call

Barry:

The Judge's office just forwarded me some times when the Judge

should be available for a call:

Monday, noon to 1 PM EDT or 2:30 -

4:00 PM EDT; Tuesday, 10 AM to 1 PM EDT.

Best,

Bill

William J. Kilberg

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

1050 Connecticut Avenue, N.W., Washington, DC 20036-5306

Tel +1 202.955.8573 • Fax +1 202.530.9559

WKilberg@gibsondunn.com • www.gibsondunn.com

1

NLRB-FOIA-00001658

Microsoft Outlook

Kearney, Barry J.

Friday, March 25, 2011 6:02 PM

Solomon, Lafe E.

Re: Judge Luttig call

From:

Sent:

To:

Subject:

No Luttig dreams this time

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Solomon, Lafe E.

To: Kearney, Barry J.

Cc: Contee, Ernestine R.

Sent: Fri Mar 25 17:28:47 2011

Subject: RE: Judge Luttig call

Can’t wait. Have a good weekend.

From: Kearney, Barry J.

Sent: Friday, March 25, 2011 5:26 PM

To: 'WKilberg@gibsondunn.com'

Cc: Solomon, Lafe E.

Subject: Re: Judge Luttig call

Monday at 2:30

--------------------------

Sent from my BlackBerry Wireless Handheld

From: Kilberg P.C., William <WKilberg@gibsondunn.com>

To: Kearney, Barry J.

Sent: Fri Mar 25 15:17:51 2011

Subject: Judge Luttig call

Barry:

The Judge's office just forwarded me some times when the Judge

should be available for a call:

Monday, noon to 1 PM EDT or 2:30 -

4:00 PM EDT; Tuesday, 10 AM to 1 PM EDT.

Best,

Bill

William J. Kilberg

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

1050 Connecticut Avenue, N.W., Washington, DC 20036-5306

Tel +1 202.955.8573 • Fax +1 202.530.9559

WKilberg@gibsondunn.com • www.gibsondunn.com

1

NLRB-FOIA-00001659

3/18/11

Mike Luttig, Boeing’s GC, called me at 2 pm. He told me that he was “miffed” that

although he had done what I asked
, I was still

Exemption 5, 7(A)

considering issuing complaint. I told him that the Machinists had proposed
Exemption 5, 7(A)

. He told me that rather than

accept that offer, he thought that he would go to the Hill to prevent me from litigating the

case. I told him that he would have to get such a rider through the Senate. I said that I had

the CEO on tape saying that the move to SC was not because of economics but because

the Machinists strike. I said I had a triable case and that I would do whatever I thought

was right under the NLRA. But I reiterated that I thought the parties should meet and try

to reach a settlement.

3/28/11

Luttig called and I asked Barry Kearney to be on the call with me. Luttig said that Boeing

would not agree to

Exemption 5, 7(A)

4/8/11

Senator Graham called me at 11:15 am. I was in the Museum of Modern Art in NYC and

talked to him on my cell phone. He told me that the “retaliatory charge” of the Machinists

against Boeing would have huge economic and political consequences. He said that the

charge would scare Boeing’s customers and could affect orders. He said that the political

fallout would be huge and that he was more reasonable than his Senate counterpart (Sen.

De Mint).

I explained to him that I had been trying to settle this case for the last 6 months, and I

asked for his help in getting Boeing to agree

Exemption 5, 7(A)

. I told him that this case had every potential to settle
Exemption 5, 7(A)

, but that I had been unsuccessful in

getting the parties to talk to each other, rather than to me. I also told him that I
and that I had made it clear to the Machinists

Exemption 5, 7(A)

that

Exemption 5, 7(A)

.

He said that he was pessimistic that the Machinists and Boeing could work things out, but

that he never thought it was a bad idea to talk. I thanked him for being willing to help.

4/11/11

I left a message for Debbie Durkin, the aide to Senator Graham who place the call on Fri.

I received a call back from Walt Kuhn at noon. I told him that I was following up on my

NLRB-FOIA-00001660

conversation with the Senator on Fri and that I wanted to know if he had been successful

in contacting Boeing. He said that the Senator would call me back later this week. I told

Walt that I was ready to begin the complaint process and that I could not hold it up

indefinitely. I said that I wanted to talk to the Senator today if possible, and he said that

he would see what he could do.

4/11/11

Senator Graham called me at 3 pm. He said that he had talked to Boeing, and they had no

interest in

Exemption 5, 7(A)

, which was totally without merit. He said that he

agreed with Boeing and understood their position. He said that if a complaint was filed, it

will be “nasty,” “very, very nasty.” He said that this was a case of how not to grow the

economy. He said that we had to do what we had to do, and he had to do what he had to

do. It was up to us. He said that if complaint issued, he was going “full guns a-blazing.”

NLRB-FOIA-00001661

Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

Contee, Ernestine R.

Tuesday, April 12, 2011 3:19 PM

Solomon, Lafe E.

Boeing

Boeing April 14.doc

See attachment.

1

NLRB-FOIA-00001662

April 14, 2011

Telephone conversation with Bill Kilberg, Boeing attorney, on Thursday,

April 7. Kilberg called me (Barry Kearney) because in an earlier conversation we

had concluded that Boeing and the Union were interested in discussing different

issues and further efforts to bring the parties together would be fruitless. At the

start of the conversation he told me that Boeing concurred that nothing more to

discuss and he understood that meant complaint was likely to issue. Kilberg said

that Boeing was going to the Hill to see if they could forestall issuing a complaint.

I said I was very disappointed to hear that. I told him the Agency realized last

October that this was a big deal and that is why we reached out to Boeing so that

they would have every opportunity to address the concerns we had about the

case. After that process I said we again reached out to Boeing to try to resolve

this before any public decision was made. We tried in good faith to work with this

situation and give Boeing every opportunity. I said it doesn't appear to account

for anything. Kilberg response was we have to do what we have to do and you

do what you have to do. The conversation ended.

NLRB-FOIA-00001663

April 14, 2011

Telephone conversation with Bill Kilberg, Boeing attorney, on Thursday,

April 7. Kilberg called me (Barry Kearney) because in an earlier conversation we

had concluded that Boeing and the Union were interested in discussing different

issues and further efforts to bring the parties together would be fruitless. At the

start of the conversation he told me that Boeing concurred that nothing more to

discuss and he understood that meant complaint was likely to issue. Kilberg said

that Boeing was going to the Hill to see if they could forestall issuing a complaint.

I said I was very disappointed to hear that. I told him the Agency realized last

October that this was a big deal and that is why we reached out to Boeing so that

they would have every opportunity to address the concerns we had about the

case. After that process I said we again reached out to Boeing to try to resolve

this before any public decision was made. We tried in good faith to work with this

situation and give Boeing every opportunity. I said it doesn't appear to account

for anything. Kilberg response was we have to do what we have to do and you

do what you have to do. The conversation ended.

NLRB-FOIA-00001664

3/18/11

Mike Luttig, Boeing’s GC, called me at 2 pm. He told me that he was “miffed” that

although he had done what I asked (
), I was still

Exemption 5, 7(A)

considering issuing complaint. I told him that the Machinists had proposed
Exemption 5, 7(A)

. He told me that rather than

accept that offer, he thought that he would go to the Hill to prevent me from litigating the

case. I told him that he would have to get such a rider through the Senate. I said that I had

the CEO on tape saying that the move to SC was not because of economics but because

the Machinists strike. I said I had a triable case and that I would do whatever I thought

was right under the NLRA. But I reiterated that I thought the parties should meet and try

to reach a settlement.

3/28/11

Luttig called and I asked Barry Kearney to be on the call with me. Luttig said that Boeing

would not agree to

Exemption 5, 7(A)

.

4/8/11

Senator Graham called me at 11:15 am. I was in the Museum of Modern Art in NYC and

talked to him on my cell phone. He told me that the “retaliatory charge” of the Machinists

against Boeing would have huge economic and political consequences. He said that the

charge would scare Boeing’s customers and could affect orders. He said that the political

fallout would be huge and that he was more reasonable than his Senate counterpart (Sen.

De Mint).

I explained to him that I had been trying to settle this case for the last 6 months, and I

asked for his help in getting Boeing to agree

Exemption 5, 7(A)

. I told him that this case had every potential to settle
Exemption 5, 7(A)

, but that I had been unsuccessful in

getting the parties to talk to each other, rather than to me. I also told him that I
and that I had made it clear to the Machinists

Exemption 5, 7(A)

that

Exemption 5, 7(A)

.

He said that he was pessimistic that the Machinists and Boeing could work things out, but

that he never thought it was a bad idea to talk. I thanked him for being willing to help.

4/11/11

I left a message for Debbie Durkin, the aide to Senator Graham who place the call on Fri.

I received a call back from Walt Kuhn at noon. I told him that I was following up on my

NLRB-FOIA-00001665

conversation with the Senator on Fri and that I wanted to know if he had been successful

in contacting Boeing. He said that the Senator would call me back later this week. I told

Walt that I was ready to begin the complaint process and that I could not hold it up

indefinitely. I said that I wanted to talk to the Senator today if possible, and he said that

he would see what he could do.

4/11/11

Senator Graham called me at 3 pm. He said that he had talked to Boeing, and they had no

interest in

Exemption 5, 7(A)

which was totally without merit. He said that he

agreed with Boeing and understood their position. He said that if a complaint was filed, it

will be “nasty,” “very, very nasty.” He said that this was a case of how not to grow the

economy. He said that we had to do what we had to do, and he had to do what he had to

do. It was up to us. He said that if complaint issued, he was going “full guns a-blazing.”

NLRB-FOIA-00001666

Microsoft Outlook

Solomon, Lafe E.

W ednesday, April 20, 2011 3:08 PM

Kearney, Barry J.; Sophir, Jayme; Mattina, Celeste J.

FW : Senator Graham's statement

From:

Sent:

To:

Subject:

Senator DeMint is allegedly going to call me sometime after 3:30. I would like at least one person on the call with me so

please let me know if you won’t be around.

From: Wagner, Anthony R.

Sent: Wednesday, April 20, 2011 3:00 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Ahearn, Richard L.; Mattina, Celeste J.; Garza, Jose

Subject: Senator Graham's statement

http://lgraham.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=74179e31-802a-

23ad-4e6e-3b1394738c8d

Senator Graham Press Releases

Contact: Meghan Hughes (202-224-5972) or Kevin Bishop (864-250-1417)

Date: 04/20/2011

Graham on NLRB Complaint against Boeing

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement on the National Labor

Relations Board (NLRB) complaint against Boeing.

“This is one of the worst examples of unelected bureaucrats doing the bidding of special interest groups that I’ve ever

seen. In this case, the NLRB is doing the bidding of the unions at great cost to South Carolina and our nation’s economy.

“It makes perfect sense for a world-class company like Boeing to diversify their production capabilities. Boeing made a

solid business decision in coming to South Carolina, and we welcome them with open arms. They could have gone

anywhere, but they knew that South Carolina was a great place to do business. Their decision to open their new facility in

North Charleston will pay dividends for the company, its workers, and our state for many years to come. It’s a decision

that will stand the test of time.

“If successful, the NLRB complaint would allow unions to hold a virtual ‘veto’ over business decisions. Left to their own

devices, the NLRB would routinely punish right-to-work states that value and promote their pro-business climates. The

current makeup of the NLRB Board has been skewed against business. This action will not be allowed to stand.

“I would be surprised if any court recognized the legitimacy of this complaint. It’s pretty easy to see that at its heart, this is

about union politics.

As Senator, I will do everything in my power, including introducing legislation cutting off funding for

this wild goose chase, to stop the NLRB’s frivolous complaint.”

#####

1

NLRB-FOIA-00001667

Microsoft Outlook

Kearney, Barry J.

W ednesday, April 20, 2011 3:14 PM

Solomon, Lafe E.; Sophir, Jayme; Mattina, Celeste J.

RE: Senator Graham's statement

From:

Sent:

To:

Subject:

I’m available

From: Solomon, Lafe E.

Sent: Wednesday, April 20, 2011 3:08 PM

To: Kearney, Barry J.; Sophir, Jayme; Mattina, Celeste J.

Subject: FW: Senator Graham's statement

Senator DeMint is allegedly going to call me sometime after 3:30. I would like at least one person on the call with me so

please let me know if you won’t be around.

From: Wagner, Anthony R.

Sent: Wednesday, April 20, 2011 3:00 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Ahearn, Richard L.; Mattina, Celeste J.; Garza, Jose

Subject: Senator Graham's statement

http://lgraham.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=74179e31-802a-

23ad-4e6e-3b1394738c8d

Senator Graham Press Releases

Contact: Meghan Hughes (202-224-5972) or Kevin Bishop (864-250-1417)

Date: 04/20/2011

Graham on NLRB Complaint against Boeing

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement on the National Labor

Relations Board (NLRB) complaint against Boeing.

“This is one of the worst examples of unelected bureaucrats doing the bidding of special interest groups that I’ve ever

seen. In this case, the NLRB is doing the bidding of the unions at great cost to South Carolina and our nation’s economy.

“It makes perfect sense for a world-class company like Boeing to diversify their production capabilities. Boeing made a

solid business decision in coming to South Carolina, and we welcome them with open arms. They could have gone

anywhere, but they knew that South Carolina was a great place to do business. Their decision to open their new facility in

North Charleston will pay dividends for the company, its workers, and our state for many years to come. It’s a decision

that will stand the test of time.

“If successful, the NLRB complaint would allow unions to hold a virtual ‘veto’ over business decisions. Left to their own

devices, the NLRB would routinely punish right-to-work states that value and promote their pro-business climates. The

current makeup of the NLRB Board has been skewed against business. This action will not be allowed to stand.

“I would be surprised if any court recognized the legitimacy of this complaint. It’s pretty easy to see that at its heart, this is

about union politics.

As Senator, I will do everything in my power, including introducing legislation cutting off funding for

this wild goose chase, to stop the NLRB’s frivolous complaint.”

#####

1

NLRB-FOIA-00001668

Microsoft Outlook

From:

Sent:

To:

Subject:

Mattina, Celeste J.

W ednesday, April 20, 2011 3:22 PM

Kearney, Barry J.; Solomon, Lafe E.; Sophir, Jayme

RE: Senator Graham's statement

I am in.

From: Kearney, Barry J.

Sent: Wednesday, April 20, 2011 3:14 PM

To: Solomon, Lafe E.; Sophir, Jayme; Mattina, Celeste J.

Subject: RE: Senator Graham's statement

I’m available

From: Solomon, Lafe E.

Sent: Wednesday, April 20, 2011 3:08 PM

To: Kearney, Barry J.; Sophir, Jayme; Mattina, Celeste J.

Subject: FW: Senator Graham's statement

Senator DeMint is allegedly going to call me sometime after 3:30. I would like at least one person on the call with me so

please let me know if you won’t be around.

From: Wagner, Anthony R.

Sent: Wednesday, April 20, 2011 3:00 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Ahearn, Richard L.; Mattina, Celeste J.; Garza, Jose

Subject: Senator Graham's statement

http://lgraham.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=74179e31-802a-

23ad-4e6e-3b1394738c8d

Senator Graham Press Releases

Contact: Meghan Hughes (202-224-5972) or Kevin Bishop (864-250-1417)

Date: 04/20/2011

Graham on NLRB Complaint against Boeing

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement on the National Labor

Relations Board (NLRB) complaint against Boeing.

“This is one of the worst examples of unelected bureaucrats doing the bidding of special interest groups that I’ve ever

seen. In this case, the NLRB is doing the bidding of the unions at great cost to South Carolina and our nation’s economy.

“It makes perfect sense for a world-class company like Boeing to diversify their production capabilities. Boeing made a

solid business decision in coming to South Carolina, and we welcome them with open arms. They could have gone

anywhere, but they knew that South Carolina was a great place to do business. Their decision to open their new facility in

North Charleston will pay dividends for the company, its workers, and our state for many years to come. It’s a decision

that will stand the test of time.

“If successful, the NLRB complaint would allow unions to hold a virtual ‘veto’ over business decisions. Left to their own

devices, the NLRB would routinely punish right-to-work states that value and promote their pro-business climates. The

current makeup of the NLRB Board has been skewed against business. This action will not be allowed to stand.
1

NLRB-FOIA-00001669

“I would be surprised if any court recognized the legitimacy of this complaint. It’s pretty easy to see that at its heart, this is

about union politics.

As Senator, I will do everything in my power, including introducing legislation cutting off funding for

this wild goose chase, to stop the NLRB’s frivolous complaint.”

#####

2

NLRB-FOIA-00001670

Microsoft Outlook

From:

Sent:

To:

Subject:

Solomon, Lafe E.

W ednesday, April 20, 2011 4:15 PM

Sophir, Jayme; Mattina, Celeste J.; Kearney, Barry J.

RE: Senator Graham's statement

I don’t know if he’s going to call, but I would like to have all 3 of you on the call, with one of you assigned to take notes.

But if he hasn’t called by the time you would normally go home, please go ahead and go. Celeste will be here and we can

cover it if necessary. I tend to think that after the press release, he’s not going to call.

From: Sophir, Jayme

Sent: Wednesday, April 20, 2011 3:25 PM

To: Mattina, Celeste J.; Kearney, Barry J.; Solomon, Lafe E.

Subject: RE: Senator Graham's statement

Me too (but if you think three’s a crowd, that’s ok too).

From: Mattina, Celeste J.

Sent: Wednesday, April 20, 2011 3:22 PM

To: Kearney, Barry J.; Solomon, Lafe E.; Sophir, Jayme

Subject: RE: Senator Graham's statement

I am in.

From: Kearney, Barry J.

Sent: Wednesday, April 20, 2011 3:14 PM

To: Solomon, Lafe E.; Sophir, Jayme; Mattina, Celeste J.

Subject: RE: Senator Graham's statement

I’m available

From: Solomon, Lafe E.

Sent: Wednesday, April 20, 2011 3:08 PM

To: Kearney, Barry J.; Sophir, Jayme; Mattina, Celeste J.

Subject: FW: Senator Graham's statement

Senator DeMint is allegedly going to call me sometime after 3:30. I would like at least one person on the call with me so

please let me know if you won’t be around.

From: Wagner, Anthony R.

Sent: Wednesday, April 20, 2011 3:00 PM

To: Cleeland, Nancy; Solomon, Lafe E.; Ahearn, Richard L.; Mattina, Celeste J.; Garza, Jose

Subject: Senator Graham's statement

http://lgraham.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=74179e31-802a-

23ad-4e6e-3b1394738c8d

Senator Graham Press Releases

Contact: Meghan Hughes (202-224-5972) or Kevin Bishop (864-250-1417)

Date: 04/20/2011
1

NLRB-FOIA-00001671

Graham on NLRB Complaint against Boeing

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement on the National Labor

Relations Board (NLRB) complaint against Boeing.

“This is one of the worst examples of unelected bureaucrats doing the bidding of special interest groups that I’ve ever

seen. In this case, the NLRB is doing the bidding of the unions at great cost to South Carolina and our nation’s economy.

“It makes perfect sense for a world-class company like Boeing to diversify their production capabilities. Boeing made a

solid business decision in coming to South Carolina, and we welcome them with open arms. They could have gone

anywhere, but they knew that South Carolina was a great place to do business. Their decision to open their new facility in

North Charleston will pay dividends for the company, its workers, and our state for many years to come. It’s a decision

that will stand the test of time.

“If successful, the NLRB complaint would allow unions to hold a virtual ‘veto’ over business decisions. Left to their own

devices, the NLRB would routinely punish right-to-work states that value and promote their pro-business climates. The

current makeup of the NLRB Board has been skewed against business. This action will not be allowed to stand.

“I would be surprised if any court recognized the legitimacy of this complaint. It’s pretty easy to see that at its heart, this is

about union politics.

As Senator, I will do everything in my power, including introducing legislation cutting off funding for

this wild goose chase, to stop the NLRB’s frivolous complaint.”

#####

2

NLRB-FOIA-00001672

Microsoft Outlook

From:

Sent:

To:

Subject:

Kearney, Barry J.

W ednesday, April 20, 2011 4:28 PM

Solomon, Lafe E.; Sophir, Jayme; Mattina, Celeste J.

RE: Senator Graham's statement

I normally leave at 5:15. I agree with you he is not going to call.

From: Solomon, Lafe E.

Sent: Wednesday, April 20, 2011 4:15 PM

To: Sophir, Jayme; Mattina, Celeste J.; Kearney, Barry J.

Subject: RE: Senator Graham's statement

I don’t know if he’s going to call, but I would like to have all 3 of you on the call, with one of you assigned to take notes.

But if he hasn’t called by the time you would normally go home, please go ahead and go. Celeste will be here and we can

cover it if necessary. I tend to think that after the press release, he’s not going to call.

From: Sophir, Jayme

Sent: Wednesday, April 20, 2011 3:25 PM

To: Mattina, Celeste J.; Kearney, Barry J.; Solomon, Lafe E.

Subject: RE: Senator Graham's statement

Me too (but if you think three’s a crowd, that’s ok too).

From: Mattina, Celeste J.

Sent: Wednesday, April 20, 2011 3:22 PM

To: Kearney, Barry J.; Solomon, Lafe E.; Sophir, Jayme

Subject: RE: Senator Graham's statement

I am in.

From: Kearney, Barry J.

Sent: Wednesday, April 20, 2011 3:14 PM

To: Solomon, Lafe E.; Sophir, Jayme; Mattina, Celeste J.

Subject: RE: Senator Graham's statement

I’m available

From: Solomon, Lafe E.

Sent: Wednesday, April 20, 2011 3:08 PM

To: Kearney, Barry J.; Sophir, Jayme; Mattina, Celeste J.

Subject: FW: Senator Graham's statement

Senator DeMint is allegedly going to call me sometime after 3:30. I would like at least one person on the call with me so

please let me know if you won’t be around.

From: Wagner, Anthony R.

Sent: Wednesday, April 20, 2011 3:00 PM
1

NLRB-FOIA-00001673

To: Cleeland, Nancy; Solomon, Lafe E.; Ahearn, Richard L.; Mattina, Celeste J.; Garza, Jose

Subject: Senator Graham's statement

http://lgraham.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=74179e31-802a-

23ad-4e6e-3b1394738c8d

Senator Graham Press Releases

Contact: Meghan Hughes (202-224-5972) or Kevin Bishop (864-250-1417)

Date: 04/20/2011

Graham on NLRB Complaint against Boeing

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement on the National Labor

Relations Board (NLRB) complaint against Boeing.

“This is one of the worst examples of unelected bureaucrats doing the bidding of special interest groups that I’ve ever

seen. In this case, the NLRB is doing the bidding of the unions at great cost to South Carolina and our nation’s economy.

“It makes perfect sense for a world-class company like Boeing to diversify their production capabilities. Boeing made a

solid business decision in coming to South Carolina, and we welcome them with open arms. They could have gone

anywhere, but they knew that South Carolina was a great place to do business. Their decision to open their new facility in

North Charleston will pay dividends for the company, its workers, and our state for many years to come. It’s a decision

that will stand the test of time.

“If successful, the NLRB complaint would allow unions to hold a virtual ‘veto’ over business decisions. Left to their own

devices, the NLRB would routinely punish right-to-work states that value and promote their pro-business climates. The

current makeup of the NLRB Board has been skewed against business. This action will not be allowed to stand.

“I would be surprised if any court recognized the legitimacy of this complaint. It’s pretty easy to see that at its heart, this is

about union politics.

As Senator, I will do everything in my power, including introducing legislation cutting off funding for

this wild goose chase, to stop the NLRB’s frivolous complaint.”

#####

2

NLRB-FOIA-00001674

Microsoft Outlook

From:

Sent:

To:

Subject:

Wilma Liebman
Friday, April 22, 2011 8:12 AM

Cleeland, Nancy; W agner, Anthony R.; Solomon, Lafe E.

Boeing

From european planet labor website(some wording oddities are just due to translation (from

french)):

United States: Boeing could not be able to open its new plant in South Carolina because of

antiunion behavior

Experts from the National Labor Relations Board (NLRB) turned to the administrative justice

to prevent the start of production in Boeing's new factory in South Carolina. The reason is

that the aircraft manufacturer allegedly chose this location on the basis of antiunion

criteria. (Ref. 110281)

The NLRB, which arbitrates conflicts between unions and businesses, is blaming Boeing.

Legal

expert Lafe Solomon filed a complaint against the aircraft manufacturer, accusing the company

of breaking Federal Law by investing into another assembly line for its 787 Dreamliner

production in South Carolina.

The lawyer thinks that Boeing management decided to relocate

production partly to “retaliate” against unionized workers for past strikes on its Puget

Sound site in Washington State.

The management says they were too inclined to go on strike.

Yet, “A worker's right to strike is a fundamental right guaranteed by the National Labor

Relations Act,” Solomon said.

The NLRB expert looked at the Boeing case at the request of the National Association of

Machinists and Aerospace Workers (IAMAW).

The union represents 25,000 Boeing workers in

Washington State, where the manufacturing owns many factories.
launched negotiations with IAMAW representatives in Puget Sound.

In 2007, Boeing management

There, Boeing already

assembled 7 Dreamliners a month and wanted to open another line to produce three more 787

each month.

Talks lingered.

Finally, in October 2009, the management decided to invest in

South Carolina, a ‘right to work’ state where unionists aren’t welcome.

Two billion dollars were invested in Charleston, 1,000 employees were recruited, and the site

was supposed to open in July… until the NLRB meddled in.

Lafe Solomon investigated for two

years, notably looking at Boeing executives’ declarations to the local media.

An article

published in the Seattle Times reads that the “overriding factor” to move to South Carolina

“was not the business climate. And it was not the wages we’re paying today. It was that we

cannot afford to have a work stoppage, you know, every three years.”
listed 4 strikes in Puget Sound since 1989.

Boeing management has

In 2008, it lasted for 58 days and cost the

company $1.8bn, which was particularly noticed.

By packing, the IAMAW leaders are saying

that the manufacturer is retaliating against past strike and trying to “deter” future social

movements.

Boeing’s general counsel, J. Michael Luttig, said: “This claim is legally frivolous and

represents a radical departure from both NLRB and Supreme Court precedent. For his part, Lafe

Solomon said that he didn’t want the Charleston site to close and is hoping for an out-of-

court settlement between Boeing and the IAMAW.

If the parties cannot arrive at a settlement,

the next step will be a hearing before an NLRB administrative law judge set for June 14.

The

case could last for years.

Planet Labor, April 22, 2011, No.

110281 – www.planetlabor.com

1

NLRB-FOIA-00001675

If you have any questions or comments on this dispatch, you can reach the editorial staff by

calling +33 (0) 1 53 34 68 83 or by sending an email to ⁠ Sent via BlackBerry by AT&T

2

NLRB-FOIA-00001676

Microsoft Outlook

Solomon, Lafe E.

Friday, April 22, 2011 8:27 AM

From:

Sent:

To:

Subject:

Wilma Liebman

Re: Boeing

The article gave me a new idea. You go to geneva and I get a job with airbus. We screwed up

the us economy and now we can tackle europe. I didn't read all of the meltwater articles but

some of the headlines tie boeing to craig. Unbelievable.

Last night went fine but you didn't miss anything by turning it down. I'll see you this

afternoon.

--------------------------

Sent from my BlackBerry Wireless Handheld

----- Original Message -----

From:

Wilma Liebman

To: Cleeland, Nancy; Wagner, Anthony R.; Solomon, Lafe E.

Sent: Fri Apr 22 08:12:00 2011

Subject: Boeing

From european planet labor website(some wording oddities are just due to translation (from

french)):

United States: Boeing could not be able to open its new plant in South Carolina because of

antiunion behavior

Experts from the National Labor Relations Board (NLRB) turned to the administrative justice

to prevent the start of production in Boeing's new factory in South Carolina. The reason is

that the aircraft manufacturer allegedly chose this location on the basis of antiunion

criteria. (Ref. 110281)

The NLRB, which arbitrates conflicts between unions and businesses, is blaming Boeing.

Legal

expert Lafe Solomon filed a complaint against the aircraft manufacturer, accusing the company

of breaking Federal Law by investing into another assembly line for its 787 Dreamliner

production in South Carolina.

The lawyer thinks that Boeing management decided to relocate

production partly to “retaliate” against unionized workers for past strikes on its Puget

Sound site in Washington State.

The management says they were too inclined to go on strike.

Yet, “A worker's right to strike is a fundamental right guaranteed by the National Labor

Relations Act,” Solomon said.

The NLRB expert looked at the Boeing case at the request of the National Association of

Machinists and Aerospace Workers (IAMAW).

The union represents 25,000 Boeing workers in

Washington State, where the manufacturing owns many factories.

In 2007, Boeing management

launched negotiations with IAMAW representatives in Puget Sound.

There, Boeing already

assembled 7 Dreamliners a month and wanted to open another line to produce three more 787

each month.

Talks lingered.

Finally, in October 2009, the management decided to invest in

South Carolina, a ‘right to work’ state where unionists aren’t welcome.

Two billion dollars were invested in Charleston, 1,000 employees were recruited, and the site

was supposed to open in July… until the NLRB meddled in.

Lafe Solomon investigated for two

years, notably looking at Boeing executives’ declarations to the local media.

An article

published in the Seattle Times reads that the “overriding factor” to move to South Carolina

“was not the business climate. And it was not the wages we’re paying today. It was that we
1

NLRB-FOIA-00001677

cannot afford to have a work stoppage, you know, every three years.”
listed 4 strikes in Puget Sound since 1989.

Boeing management has

In 2008, it lasted for 58 days and cost the

company $1.8bn, which was particularly noticed.

By packing, the IAMAW leaders are saying

that the manufacturer is retaliating against past strike and trying to “deter” future social

movements.

Boeing’s general counsel, J. Michael Luttig, said: “This claim is legally frivolous and

represents a radical departure from both NLRB and Supreme Court precedent. For his part, Lafe

Solomon said that he didn’t want the Charleston site to close and is hoping for an out-of-

If the parties cannot arrive at a settlement,

court settlement between Boeing and the IAMAW.

the next step will be a hearing before an NLRB administrative law judge set for June 14.

The

case could last for years.

Planet Labor, April 22, 2011, No.

110281 – www.planetlabor.com

If you have any questions or comments on this dispatch, you can reach the editorial staff by

calling +33 (0) 1 53 34 68 83 or by sending an email to ⁠ Sent via BlackBerry by AT&T

2

NLRB-FOIA-00001678

Microsoft Outlook

From:

Sent:

To:

Subject:

Wilma Liebman

Friday, April 22, 2011 8:37 AM

Solomon, Lafe E.

Re: Boeing

None of the articles tie craig to boeing. Just mention his recess appointment.

No one is

raining on your parade.

Sent via BlackBerry by AT&T

-----Original Message-----

From: "Solomon, Lafe E." <Lafe.Solomon@nlrb.gov>

Date: Fri, 22 Apr 2011 08:27:04

To:

Wilma Liebman

Subject: Re: Boeing

The article gave me a new idea. You go to geneva and I get a job with airbus. We screwed up

the us economy and now we can tackle europe. I didn't read all of the meltwater articles but

some of the headlines tie boeing to craig. Unbelievable.

Last night went fine but you didn't miss anything by turning it down. I'll see you this

afternoon.

--------------------------

Sent from my BlackBerry Wireless Handheld

----- Original Message -----

From:

Wilma Liebman

To: Cleeland, Nancy; Wagner, Anthony R.; Solomon, Lafe E.

Sent: Fri Apr 22 08:12:00 2011

Subject: Boeing

From european planet labor website(some wording oddities are just due to translation (from

french)):

United States: Boeing could not be able to open its new plant in South Carolina because of

antiunion behavior

Experts from the National Labor Relations Board (NLRB) turned to the administrative justice

to prevent the start of production in Boeing's new factory in South Carolina. The reason is

that the aircraft manufacturer allegedly chose this location on the basis of antiunion

criteria. (Ref. 110281)

The NLRB, which arbitrates conflicts between unions and businesses, is blaming Boeing.

Legal

expert Lafe Solomon filed a complaint against the aircraft manufacturer, accusing the company

of breaking Federal Law by investing into another assembly line for its 787 Dreamliner

production in South Carolina.

The lawyer thinks that Boeing management decided to relocate

production partly to “retaliate” against unionized workers for past strikes on its Puget

Sound site in Washington State.

The management says they were too inclined to go on strike.

Yet, “A worker's right to strike is a fundamental right guaranteed by the National Labor

Relations Act,” Solomon said.

The NLRB expert looked at the Boeing case at the request of the National Association of

Machinists and Aerospace Workers (IAMAW).

The union represents 25,000 Boeing workers in

Washington State, where the manufacturing owns many factories.

In 2007, Boeing management

1

NLRB-FOIA-00001679

launched negotiations with IAMAW representatives in Puget Sound.

There, Boeing already

assembled 7 Dreamliners a month and wanted to open another line to produce three more 787

each month.

Talks lingered.

Finally, in October 2009, the management decided to invest in

South Carolina, a ‘right to work’ state where unionists aren’t welcome.

Two billion dollars were invested in Charleston, 1,000 employees were recruited, and the site

was supposed to open in July… until the NLRB meddled in.

Lafe Solomon investigated for two

years, notably looking at Boeing executives’ declarations to the local media.

An article

published in the Seattle Times reads that the “overriding factor” to move to South Carolina

“was not the business climate. And it was not the wages we’re paying today. It was that we

cannot afford to have a work stoppage, you know, every three years.”
listed 4 strikes in Puget Sound since 1989.

Boeing management has

In 2008, it lasted for 58 days and cost the

company $1.8bn, which was particularly noticed.

By packing, the IAMAW leaders are saying

that the manufacturer is retaliating against past strike and trying to “deter” future social

movements.

Boeing’s general counsel, J. Michael Luttig, said: “This claim is legally frivolous and

represents a radical departure from both NLRB and Supreme Court precedent. For his part, Lafe

Solomon said that he didn’t want the Charleston site to close and is hoping for an out-of-

If the parties cannot arrive at a settlement,

court settlement between Boeing and the IAMAW.

the next step will be a hearing before an NLRB administrative law judge set for June 14.

The

case could last for years.

Planet Labor, April 22, 2011, No.

110281 – www.planetlabor.com

If you have any questions or comments on this dispatch, you can reach the editorial staff by

calling +33 (0) 1 53 34 68 83 or by sending an email to ⁠ Sent via BlackBerry by AT&T

2

NLRB-FOIA-00001680

Microsoft Outlook

From:

Sent:

To:

Subject:

Attachments:

afternoonreport@meltwaternews.com

W ednesday, May 11, 2011 4:05 PM

Solomon, Lafe E.

40 articles from Meltwater News

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News Report from Meltwater News

Log in | Preferences

Report overview:

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NLRA - Major Outlets
NLRB - Major Outlets
Unfair Labor Practices

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1 in 8 hours

19 in 8 hours

5 in 8 hours

Your contact person:

Name: Ryan Kerlew

Email: ryan.kerlew@meltwater.com

Phone: (917)677-5455

Key Individuals

to the top

Labor Wins One, Loses One

Dissident Voice – 05/11/11 13:37 –

Words matched: Lafe Solomon

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. You either enforce...

Translate

After Appeal From Nikki Haley, Newt Gingrich Jumps Into SC Boeing/Labor

Fight

Newsodrome – 05/11/11 13:33 –

1 other source (TPMDC)

Words matched: Craig Becker

Newt Gingrich became the latest prominent Republican to take on the National Labor

Relations Board over its suit against Boeing, writing an open letter in Human Events

on the issue one day after South Carolina Gov.

...opponents." Noting that the NLRB's general counsel and one of its members ,

Craig Becker, are recess appointments... [via TPM Election Central ]

Translate

Reid Blasts Republican Intimidation Tactics Against NLRB in Boeing Case

AFL-CIO – 05/11/11 12:57 –

Words matched: Lafe Solomon

Share “Disgraceful and dangerous” is how Senate Majority Harry Reid (D-Nev.)

today described attempts by Republican senators and state attorneys general to

intimidate the National Labor Relations Board (NLRB).

...Pensions (HELP) committee signed a letter to NLRB acting general counsel Lafe

Solomon urging he drop the complaint and, says Reid, linking their...

Translate

On NLRB, Boeing and Competitiveness: News Conference Video

Manufacturing.net – 05/11/11 12:25 –

Words matched: Lafe Solomon

On NLRB, Boeing and Competitiveness: News Conference Video From the office of

Sen. Lindsey Graham (R-SC) comes the video of Tuesday’s news conference on the

National Labor Relations Board’s complaint against Boeing.

...the remarks given Tuesday by the NLRB s acting general counsel, Lafe Solomon ,

at a Chicago chapter meeting of the Labor and Employment Relations...

Translate

Archive

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1

NLRB-FOIA-00001681

DeMint accuses Obama of 'thuggery'

TheSunNews – 05/11/11 11:40 –

Words matched: Lafe Solomon

GOP: President has enemies list in Boeing case

...third-world country. This is thuggery at its worst." DeMint referred to Lafe

Solomon, the NLRB's top lawyer, who is pursuing the case against Boeing .

Translate

New Republic: Labor Intensive Move Against Boeing?

WAMC Northeast Public Radio – 05/11/11 11:34 –

1 other source (National Public Radio)

Words matched: Lafe Solomon

A complaint from the National Labor Relations Board against Boeing has the

business community up in arms. But John B. Judis of The New Republic argues that

the move is legal and appropriate ¿ and might just restore some fairness in this

country.

Judis is a senior editor at The New Republic. On April 20, Lafe Solomon , the acting

general counsel of the National Labor Relations Board (NLRB ),

Translate

National Labor Relations Board Overreach Against Boeing Imperils Jobs and

Investment

Heritage Foundation – 05/11/11 11:25 –

Words matched: Lafe Solomon, Craig Becker, Wilma B. Liebman, Brian Hayes

Legal Memorandum #66 Abstract: In asserting that the Boeing Company is engaging

in unfair labor practices by establishing a new aircraft assembly facility in South

Carolina, a right-to-work state, instead of Washington State, which is heavily

unionized, the National Labor Relations Board is twistin

a complaint was filed against Boeing by NLRB Acting General Counsel Lafe

Solomon. The complaint, which will be heard before an administrative ...

Translate

Rand Paul: Does White House Have an Enemies List?

New American – 05/11/11 10:35 –

Words matched: Lafe Solomon, Craig Becker

A group of GOP congressmen are appealing to President Obama to oppose a

complaint filed by the National Labor Relations Board (NLRB) against Seattle based

aerospace and defense giant, Boeing, Inc.

The complaint itself was filed by NLRB Acting General Counsel Lafe Solomon after

investigating charges leveled against the company by the International...

Translate

What's On Guide: May 12 to May 18

The White Haven News – 05/11/11 10:04 –

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 :

Translate

Jobs vs Oblabla, NLRB and of course the union payoffs

Investor Village – 05/11/11 09:36 –

Words matched: Lafe Solomon, Craig Becker

Obama's Assault on South Carolina Jobs by Newt Gingrich Throughout the 2010

campaign, in this newsletter and elsewhere, I kept returning to a simple refrain to

explain the intractability of America's economic woes: job killing policies kill jobs.

...NLRB is even more disturbing when you consider that it is being led by Lafe

Solomon, the acting General Counsel for NLRB, who still needs to be...

Translate

Republicans Bash Labor Board, White House Over Boeing Complaint

Breaking News – 05/11/11 09:11 –

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...

Translate

GOP raps Obama on Boeing plant

CharlotteObserver.com – 05/11/11 08:35 –

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.

...counsel can threaten thousands of jobs," DeMint said. DeMint referred to Lafe

Solomon, the NLRB's top lawyer, who is pursuing the case against...

Translate

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2

NLRB-FOIA-00001682

Republicans accuse President Obama of �enemies list� in Boeing case

Translate

Free Republic – 05/11/11 08:05 –

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.

should alarm all governors and state leaders. The NLRB s top lawyer, Lafe

Solomon, filed a case in April charging Boeing with union- busting and...

Archive

Share

Republicans accuse Obama of 'enemies list' in Boeing case

The Miami Herald – 05/10/11 08:58 –

1 other source (Ledger-Enquirer)

Words matched: Lafe Solomon

McClatchy Newspapers 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...

Translate

Goldman Sachs Suggests Buying Calls on Vertex Pharmaceuticals (VRTX)

Benzinga – 05/09/11 09:25 –

Words matched: Terence Flynn

Goldman Sachs is out with a research note this morning, where it suggests traders

buy calls on Vertex Pharmaceuticals (NASDAQ: VRTX) ahead of several catalysts.

ahead of several catalysts. Goldman Sachs SMid Cap Biotechnology Analyst ,

Terence Flynn, expects three upcoming catalysts to be positive for Buy-rated...

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NLRA - Major Outlets

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to the top

New Republic: Labor Intensive Move Against Boeing?

National Public Radio – 05/11/11 08:33 –

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

John B. Judis is a senior editor at The New Republic. On April 20, Lafe Solomon, the

acting general counsel of the National Labor Relations Board (NLRB), issued a

complaint against Boeing.

...April 20, Lafe Solomon, the acting general counsel of the National Labor

Relations Board (NLRB), issued a complaint against Boeing. Two years...

NLRB - Major Outlets

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to the top

REID: WE MUST KEEP INDEPENDENT AGENCIES INDEPENDENT, ALLOW

THEM TO OPERATE FREELY AND WITHOUT POLITICAL PRESSURE

LexisNexis – 05/11/11 14:46 –

Words matched: National Labor Relations Board, NLRB

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.

D.C.-Nevada Senator Harry Reid made the following remarks today regarding the

National Labor Relations Board . Below are his remarks as prepared for...

Translate

Boeing CEO: Washington Is Waging An Assault On Capitalism

Business Insider – 05/11/11 14:23 –

Words matched: National Labor Relations Board, NLRB

For weeks, South Carolina Gov. Nikki Haley has been relentlessly trying to draw

attention to what is arguably the biggest business story of the year - the fight

between the federal government and Boeing.

...calling on the Obama administration to take a position on the National Labor

Relations Board's complaint against the airline manufacturer . The...

Translate

Reid slams GOP ‘interference’ in Boeing labor clash

The Washington Times – 05/11/11 14:10 –

Words matched: National Labor Relations Board, NLRB

The Senate’s top Democrat on Wednesday harshly condemned what he said were

“inappropriate” attempts by Republican lawmakers to intervene in a controversial

labor dispute now before the National Labor Relations Board.

...lawmakers to intervene in a controversial labor dispute now before the National

Labor Relations Board. Senate Majority Leader Harry Reid, Nevada...

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Boeing lashes out at US labor board over complaint

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3

NLRB-FOIA-00001683

Reuters Global Markets News – 05/11/11 12:27 –

Words matched: National Labor Relations Board, NLRB

* CEO attacks NLRB complaint in op-ed piece * CEO says NLRB has overreached

its authority CHICAGO May 11 (Reuters) - Boeing Co (BA.N) denied allegations by a

federal labor board that the plane-maker picked South Carolina as the site of the

second line of 787 Dreamliner production to punish its uni

Boeing lashes out at US labor board over complaint * CEO attacks NLRB complaint

in op-ed piece * CEO says NLRB has overreached its authority ...

Archive

NLRB takes another Boeing hit as Obama’s Export Council chair criticizes

labor board’s plans

Daily Caller – 05/11/11 12:18 –

Words matched: National Labor Relations Board, NLRB

President Barack Obama remains silent on the National Labor Relations Board’s

(NLRB) actions against the Boeing Company’s recently-finished $2 billion production

plant in South Carolina, but his Export Council chairman Jim McNerney, who’s also

the president and CEO of Boeing, ripped the NLRB in a Wa

NLRB takes another Boeing hit as Obama s Export Council chair criticizes labor

board s plans President Barack Obama remains silent on the National ...

Translate

Sarah Palin: Removing the Boot from the Throat of American Businesses

Free Republic – 05/11/11 11:43 –

Words matched: National Labor Relations Board, NLRB

President Obama has the opportunity to prove that he cares about keeping jobs for

working class families in America. He can speak up about his appointees at the

National Labor Relations Board (NLRB) who have their boots on The Boeing

Company’s neck.

...families in America. He can speak up about his appointees at the National Labor

Relations Board (NLRB ) who have their boots on The Boeing Company...

Translate

Harry Reid Tells GOP To Stop Pressuring Independent Labor Agency

TPMDC – 05/11/11 11:24 –

Words matched: National Labor Relations Board, NLRB

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.

...Majority Leader Harry Reid (D-NV) defended the National Labor Relations Board

on Wednesday amid a concentrated attack from prominent Republicans...

Translate

How Dare a Company Attempt to Make Profit in Obama's America!

Free Republic – 05/11/11 10:09 –

Words matched: National Labor Relations Board, NLRB, National Labor Relations

board

This is just plain egregious. From Christopher Corson, General Counsel for the

International Association of Machinists and Aerospace Workers, on HuffPo Business:

“For many years, Boeing employees in the State of Washington have worked

through their union, the International Association of Machinists

...economic growth just does not sit well with some people. The National Labor

Relations board is suing Boeing, claiming that building a brand new...

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After Appeal From Nikki Haley, Newt Gingrich Jumps Into SC Boeing/Labor

Fight

TPMDC – 05/11/11 09:58 –

Words matched: National Labor Relations Board, NLRB

Newt Gingrich became the latest prominent Republican to take on the National Labor

Relations Board over its suit against Boeing, writing an open letter in Human Events

on the issue one day after South Carolina Gov.

...Newt Gingrich became the latest prominent Republican to take on the National

Labor Relations Board over its suit against Boeing, writing an open...

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Union Advocates Accuse GOP Of Interfering With Independent Labor Agency

TPMDC – 05/11/11 08:57 –

Words matched: National Labor Relations Board, NLRB

Labor allies are defending the White House from attacks by South Carolina Gov.

NIkki Haley (R) and other Republican lawmakers over a union dispute with Boeing,

accusing them of interfering with an independent federal agency.

...other Republicans called on President Obama to condemn the independent

National Labor Relations Board , which is tasked with enforcing labor laws ,

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GOP raps Obama on Boeing plant

CharlotteObserver.com – 05/11/11 08:35 –

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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

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opening a major aircraft plant in South Carolina.

...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...

New Republic: Labor Intensive Move Against Boeing?

National Public Radio – 05/11/11 08:33 –

Words matched: National Labor Relations Board, NLRB

John B. Judis is a senior editor at The New Republic. On April 20, Lafe Solomon, the

acting general counsel of the National Labor Relations Board (NLRB), issued a

complaint against Boeing.

...Republic. On April 20, Lafe Solomon, the acting general counsel of the National

Labor Relations Board (NLRB ), issued a complaint against Boeing. Two...

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Republicans accuse President Obama of �enemies list� in Boeing case

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Free Republic – 05/11/11 08:05 –

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

aircraft plant in South Carolina.

...plant in South Carolina. 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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California Pacific workers offer split verdict on unions

Business Journals – 05/11/11 00:28 –

Words matched: National Labor Relations Board

Eight hundred workers at three California Pacific Medical Center campuses in San

Francisco have voted to bolt the Service Employees International Union and join the

breakaway National Union of Healthcare Workers according to NUHW.

...California and Davies -- and at St. Luke s overseen by the National Labor

Relations Board. Current SEIU workers voted for NUHW by a 384 to 237...

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Union vote split at California Pacific Medical Center

Business Journals – 05/10/11 22:38 –

Words matched: National Labor Relations Board

Service Employees International Union picked up 350 workers at St. Luke’s Hospital

but rival National Union for Healthcare Workers got 800 workers at three other

campuses of the Sutter Health-affiliated California Pacific Medical Center in San

Francisco in union election tallies announced Tuesday.

...have contracts in place that expire in December 2012. The National Labor

Relations Board administered the mail election for more than 1100 workers...

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Obama help requested in Boeing-NLRB tiff

Portland Business Journal – 05/10/11 19:39 –

1 other source (Business Journals)

Words matched: National Labor Relations Board, NLRB

Congressional and business leaders in the South are asking for President Barack

Obama to get involved in the National Labor Relations Board's complaint against

Boeing Co.

Obama help requested in Boeing-NLRB tiff Congressional and business leaders in

the South are asking for President Barack Obama to get involved ...

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In Wild Rant Against Obama, Rand Paul Suggests Conspiracy In Labor Fight:

'Mr. President, Do You Have An Enemies List?'

Newsvine – 05/10/11 12:55 –

Words matched: National Labor Relations Board

Speaking at the Chamber of Commerce's national headquarters in Washington,

D.C., South Carolina Gov. Nikki Haley (R) joined Republican lawmakers Tuesday to

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 .

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Republicans accuse Obama of 'enemies list' in Boeing case

The Miami Herald – 05/10/11 08:58 –

Words matched: National Labor Relations Board, NLRB

McClatchy Newspapers 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.

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...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...

New open-shop Boeing plant sparks uproar

The Washington Times – 05/09/11 20:43 –

Words matched: National Labor Relations Board, NLRB

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 made to punish the

company’s union workers.

...fleet at a new $2 billion plant in South Carolina a move the National Labor

Relations Board says was made to punish the company s union workers .

Unfair Labor Practices

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REID: WE MUST KEEP INDEPENDENT AGENCIES INDEPENDENT, ALLOW

THEM TO OPERATE FREELY AND WITHOUT POLITICAL PRESSURE

LexisNexis – 05/11/11 14:46 –

Words matched: unfair labor practices

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.

...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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Boeing lashes out at US labor board over complaint

Reuters Global Markets News – 05/11/11 12:27 –

Words matched: unfair labor practices

* CEO attacks NLRB complaint in op-ed piece * CEO says NLRB has overreached

its authority CHICAGO May 11 (Reuters) - Boeing Co (BA.N) denied allegations by a

federal labor board that the plane-maker picked South Carolina as the site of the

second line of 787 Dreamliner production to punish its uni

...140 years ago." The NLRB complaint says Boeing engaged in unfair labor

practices against the IAM union to discourage strikes. Boeing has said...

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Union Advocates Accuse GOP Of Interfering With Independent Labor Agency

TPMDC – 05/11/11 08:57 –

Words matched: unfair labor practice

Labor allies are defending the White House from attacks by South Carolina Gov.

NIkki Haley (R) and other Republican lawmakers over a union dispute with Boeing,

accusing them of interfering with an independent federal agency.

...accusing the GOP of an "overly dramatic response" to a "routine unfair labor

practice charge." He added that it was unfair to target the White...

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New Republic: Labor Intensive Move Against Boeing?

National Public Radio – 05/11/11 08:33 –

Words matched: unfair labor practice

John B. Judis is a senior editor at The New Republic. On April 20, Lafe Solomon, the

acting general counsel of the National Labor Relations Board (NLRB), issued a

complaint against Boeing.

...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...

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Mt. Hood faculty board achieve pact

Portland Business Journal – 05/11/11 01:20 –

Words matched: unfair labor practice

Full-time faculty reached agreement last night with Mt. Hood Community College’s

board on a three-year labor agreement that averts a threatened strike slated to start

May 12.

Things turned contentious in early April when the college filed an unfair labor

practice complaint against the full-time faculty. Later that ...

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46 articles from Meltwater News

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Observers: NLRB favoring unions

One News Now – 05/12/11 04:50 –

Words matched: Lafe Solomon, Craig Becker

A senator and labor expert is criticizing the National Labor Relations Board (NLRB)

for complaining about a new Boeing plant in South Carolina. In an article for the

National Review, Senator Orrin Hatch (R-Utah) calls the NLRB's grievance "one of

the most outlandish and regrettable complaints" ever

...letter, asking President Obama to withdraw his nominations of board member

Craig Becker and acting General Counsel Lafe Solomon to the NLRB. If...

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To do list - 12th May 2011

Cork Independent – 05/12/11 04:38 –

Words matched: Brian Hayes

Gig of the week: The Narwhals Ensemble, Takeshi and The Kid, Truism Altruism @

The Quad on Thursday 12 May at 9pm. Cork's Drop-d.ie is making a welcome return

to promoting gigs and this is one of their first offerings in a while.

...happened. As food supplies begin to dwindle, the couples are forced to make

terrible decisions. Compelling stuff. Written by Brian Hayes Curtin

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Scannell mimics the very best

Cork Independent – 05/12/11 04:38 –

Words matched: Brian Hayes

Carrigaline native Raymond Scannell brings his acclaimed one man and a piano play

back to his native city for a short run. He has just finished performing for three weeks

in New York.

...Friday 20 May, at 8.30pm. Tickets are €16 and a booking fee may apply . Check

www.corkoperahouse.ie for details. Written by Brian Hayes Curtin

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Shadows set to descend on Opera House

Cork Independent – 05/12/11 04:38 –

Words matched: Brian Hayes

Norwegian dramatist Jon Fosse has been described as a successor to Ibsen,

weighty praise indeed. Certainly Fosse is one of the world's very best contemporary

playwrights.

...place in Cork Opera House on Thursday 12 to Saturday 14 May at 7.30pm .

Tickets are 21 but a booking fee may apply. Written by Brian Hayes Curtin

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Got your ID?

Cork Independent – 05/12/11 04:32 –

Words matched: Brian Hayes

In something of a change from its usual style, Click Cork is this week hosting a night

that will showcase some of Cork's best minimal talent. Namely the Midleton duo ID,

who started playing live last September.

...could be dark, raw and banging! Click Cork present ID at the Pavilion on Friday, 13

May at 11pm. Tickets are 8. Written by Brian Hayes Curtin

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Bringing Indiependence to Mitchelstown

Cork Independent – 05/12/11 04:32 –

Words matched: Brian Hayes

It started two decades ago as the Mitchelstown Deer Festival. Now it caters for 5,000

people on five stages over two days. Shane Dunne tells Brian Hayes Curtin how he

and his friends started the Indiependence Festival and why he jacked in a job with

the Department of Agriculture to pursue a full-tim

...5,000 people on five stages over two days. Shane Dunne tells Brian Hayes Curtin

how he and his friends started the Indiependence Festival and why...

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Catch classic vampire flick in Christchurch

Cork Independent – 05/12/11 04:32 –

Words matched: Brian Hayes

Early on in the new life of Triskel's Christchurch venue, we are treated to an

exclusive treat in the form of prepared piano master Hauschka who will perform a

new live soundtrack to Carl Dreyer's classic film 'Vampr'.

...at the Triskel. Tickets are 17(seated), 15 (concession) and 15 (standing ). The gig

is on Sunday 15 May at 8pm. Written by Brian Hayes Curtin

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Democrats object to GOP efforts involving Boeing

GreenvilleOnline.com (AP) – 05/12/11 02:01 –

Words matched: Lafe Solomon

Senate Majority Leader Harry Reid of Nevada said Wednesday it's “disgraceful and

dangerous” for Republicans to meddle in a complaint filed by the National Labor

Relations Board.

...were wrong to write to the NLRB's acting general counsel, Lafe Solomon ,

defending Boeing. GOP attorneys general from eight states also erred ...

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White House Dodges Questions About NLRB’s Complaint Against Boeing

Manufacturing.net – 05/11/11 21:22 –

Words matched: Lafe Solomon

White House Dodges Questions About NLRBs Complaint Against Boeing From

today’s White House press briefing conducted by Jay Carney: Q Boeing CEO Jim

McNerney, who chairs the Presidents Export Council, said the National Labor

Relations Board suit against his company for building a plant in a right-t

...like a very bad idea, what the NLRB is doing. I hope Lafe Solomon , my appointee

as acting general counsel, reconsiders his complaint. SOURCE...

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Export dominance of foreign firms depressing, says Bruton

Irish Times – 05/11/11 19:44 –

Words matched: Brian Hayes

MINISTER FOR Enterprise Richard Bruton has described as “depressing” the fact

that 90 per cent of Ireland’s exports come from foreign-owned companies. He said,

however, that “this is a statistic we can change and it is gratifying that, according to

recent figures, Irish-owned businesses are leading

...to access new markets. Minister of State for Public Service Reform Brian Hayes

defended the pension levy, pointing out that the amount of money...

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SCOREBOARD

Shepparton News – 05/11/11 19:14 –

Words matched: Brian Hayes

BOWLS SHEPPARTON GOLF The men’s annual general meeting was held on

Thursday, April 28 and the office bearers elected for 2011-2012 are president

Graeme Myers, vice president Graeme Dealy, secretary Noel Perry, treasurer

Jeanette Tyndall.

150-12; Nathan Barker 139-04 (9) 148-04 (Michael Purden 138-04 (1) 139 -04 Brian

Hayes 135-06 (4) 139-06). EC DRA 535-18 (744-71): Wally Gough 138-04...

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Top Republicans demand Obama weigh in on Boeing dispute

Hartford Courant – 05/11/11 08:17 –

Words matched: Lafe Solomon

NORTH CHARLESTON, S.C. — South Carolina Gov. Nikki Haley and a group of

Republican senators demanded Tuesday that the Obama administration weigh in on

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the National Labor Relations Board's complaint against Boeing, saying the complaint

could jeopardize thousands of South Carolina jobs and the future

...engaged in past strikes. The NRLB's Acting General Counsel Lafe Solomon is

seeking an order to keep that production line in Washington state .

How House GOP can - and should - block Obama recess appointments

Washington Examiner – 05/11/11 08:05 –

Words matched: Lafe Solomon, Craig Becker, Wilma B. Liebman

Republicans shouldn't settle for issuing outraged press releases the next time

President Obama makes a recess appointment. Instead, they should use their

constitutional powers to block him from taking such action in the first place.

...National Labor Relations Board's unconfirmed acting general counsel Lafe

Solomon has filed lawsuits against Boeing for building a nonunion factory...

NLRA - Major Outlets

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EEOC targets gender gap in wages

AZcentral.com – 05/11/11 21:19 –

Words matched: National Labor Relations Act

An attorney with the "reinvigorated" U.S. Equal Employment Opportunity

Commission says that it is becoming more aggressive in looking into claims of sex

discrimination in pay and that the agency doesn't need a formal complaint by a

woman to begin an investigation.

...with co-workers. Such discussions are legal under the National Labor Relations

Act. Too often employers judge workers subjectively rather than...

NLRB - Major Outlets

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Morning Briefing for May 12, 2011

RedState – 05/12/11 04:45 –

Words matched: National Labor Relations Board

RedState Morning Briefing For May 12, 2011 Go to www.RedStateMB.com to get the

Morning Briefing every morning at no charge. 1. Erickson & Trump. One on One.

...hypocritically castigate Republicans for calling out the union fanatics at the

National Labor Relations Board and their latest attack on free enterprise .

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Obama Regime Brings Back Subprime Mortgages

Free Republic – 05/12/11 00:57 –

Words matched: National Labor Relations Board

RUSH: Now, I have a story here that's simply unreal, and it's from last week. I

purposely sat on this story to see if I would see it anywhere else. I've had it in the

stack since May the 5th, almost a week.

...little bank company where they have to open branches, just like the National

Labor Relations Board told Boeing, "You cannot open a plant in South...

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Good for Union Bosses, Bad for the Economy

Townhall.com – 05/12/11 00:23 –

Words matched: National Labor Relations Board, NLRB

One picture, they say, is worth a thousand words. Sometimes you need only one

number. Consider the latest monthly job report, which shows an uptick in

unemployment, from 8.

...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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This corporate tax cut would help workers

AZcentral.com – 05/12/11 00:16 –

Words matched: National Labor Relations Board

Big Labor and its confederates on the National Labor Relations Board may not have

the best interests of Arizona's workers in mind, but at least one well-connected union

leader has a proposal that is very much in the best interests of the nation's workers.

...tax cut would help workers Big Labor and its confederates on the National Labor

Relations Board may not have the best interests of Arizona 's...

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Prop. 113 lawsuit a huge disservice

AZcentral.com – 05/12/11 00:16 –

Words matched: National Labor Relations Board, NLRB

By suing Arizona for passing a law that has yet to be enforced in any way, the

National Labor Relations Board is showing whose interests matter most in

Washington, D.

...passing a law that has yet to be enforced in any way, the National Labor

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Relations Board is showing whose interests matter most in Washington, D.C.,

Herman Cain jumps to second among Republican candidates, according to

Zogby poll

Politics - Yahoo! News – 05/11/11 20:46 –

1 other source (Yahoo! News)

Words matched: NLRB

Former Godfather’s Pizza CEO Herman Cain placed a surprising second in a Zogby

poll of likely Republican primary voters released Tuesday. The poll measured

support for New Jersey Gov.

...See Levi Johnston's book before it gets pulped Carney ducks NLRB question with

independent agency defense, Gov. Nikki Haley not pleased Romney...

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Republicans Threaten NLRB After Boeing Decision | FDL News Desk

Newsvine – 05/11/11 20:43 –

Words matched: NLRB

The Boeing/NLRB dispute, which concerns a second jet production line Boeing

wants to move from unionized factories in Washington state to right-to-work state

South Carolina, and a labor board injunction against that, has brought in members of

Congress on both sides as well as interest groups.

Republicans Threaten NLRB After Boeing Decision | FDL News Desk The

Boeing/NLRB dispute, which concerns a second jet production line Boeing wants...

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Reid calls GOP moves in Boeing dispute ‘disgraceful’

The Washington Times – 05/11/11 20:30 –

Words matched: National Labor Relations Board, NLRB

The Senate’s top Democrat strongly condemned what he called “inappropriate”

attempts by Republican lawmakers to intervene in a simmering labor dispute now

before the National Labor Relations Board.

...lawmakers to intervene in a simmering labor dispute now before the National

Labor Relations Board. Senate Majority Leader Harry Reid on Wednesday...

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Carney ducks NLRB question with ‘independent agency’ defense, Gov. Nikki

Haley not pleased

Politics - Yahoo! News – 05/11/11 20:18 –

2 other sources (Daily Caller, Yahoo! News)

Words matched: National Labor Relations Board, NLRB

White House Press Secretary Jay Carney deflected a question on National Labor

Relations Board’s (NLRB) actions against the Boeing Company in South Carolina on

Wednesday, and the state’s Republican Gov.

Carney ducks NLRB question with independent agency defense, Gov. Nikki Haley

not pleased White House Press Secretary Jay Carney deflected a question...

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Romney ramps up health care offensive with op-ed, speech

Politics - Yahoo! News – 05/11/11 19:32 –

1 other source (Yahoo! News)

Words matched: NLRB

Former Mass. Gov. Mitt Romney is going on the offensive on health care, penning a

USA Today op-ed Wednesday ahead of key health care speech Thursday. Fighting

to shake of the ill effects of the health care law he helped enact in Massachusetts,

Romney wrote an op-ed for USA Today, to be published in

...See Levi Johnston's book before it gets pulped Carney ducks NLRB question with

independent agency defense, Gov. Nikki Haley not pleased Romney...

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Rep. Schakowsky: Young people felt like America was ‘kind of a loser’ until

after OBL ‘murder’

Politics - Yahoo! News – 05/11/11 19:31 –

Words matched: NLRB

There’s no question that the U.S. raid in Pakistan to take out Osama bin Laden was

an important event for the lives of many Americans, but how much of a game

changer was it? It was huge, according to Illinois Democratic Rep.

...See Levi Johnston's book before it gets pulped Carney ducks NLRB question with

independent agency defense, Gov. Nikki Haley not pleased Romney...

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More gutsy calls from Obama!

WND – 05/11/11 19:08 –

Words matched: National Labor Relations Board

Obama has been making "gutsy calls" all over the place! In full campaign mode, he's

been deploying his administrative agencies to do favors for his big contributors, to

the detriment of ordinary Americans.

...that in the Detroit News.) Two weeks ago, Obama's National Labor Relations

Board made the gutsy call to file a complaint against Boeing for attempting...

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Obama accused of edging toward 'enemies list' in two business, policy

disputes

Deseret News – 05/11/11 18:51 –

Words matched: NLRB

Draft executive order on disclosures, NLRB and Boeing feud draw criticism

...business, policy disputes Draft executive order on disclosures, NLRB and Boeing

feud draw criticism President Barack Obama has been compared ...

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Senate Dems re-introduce DREAM Act

Firstread - MSNBC – 05/11/11 18:45 –

Words matched: National Labor Relations Board

From NBC's Libby Leist One day after President Barack Obama stood at the U.S.-

Mexico border to call for immigration reform, Senate Democrats re-introduced

legislation that would offer citizenship to many illegal immigrants who came to the

United States as children.

...you. Harry also is spending his precious time supporting Obama's National Labor

Relations Board in supporting them on their decision to not have...

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Carney ducks NLRB question with �independent agency� defense, Gov.

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Nikki Haley not pleased

Free Republic – 05/11/11 18:27 –

Words matched: National Labor Relations Board, NLRB

White House Press Secretary Jay Carney deflected a question on National Labor

Relations Board’s (NLRB) actions against the Boeing Company in South Carolina on

Wednesday, and the state’s Republican Gov.

Carney ducks NLRB question with independent agency defense, Gov. Nikki Haley

not pleased White House Press Secretary Jay Carney deflected a question...

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White House slams bill that would expand oil production

Yahoo! News – 05/11/11 18:22 –

1 other source (Politics - Yahoo! News)

Words matched: NLRB

The Obama administration on Wednesday slammed a House bill that would allow oil

companies to drill in at least 50 percent of the Outer Continental Shelf and open up

areas in the South Atlantic for oil production.

...See Levi Johnston's book before it gets pulped Carney ducks NLRB question with

independent agency defense, Gov. Nikki Haley not pleased Romney...

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Hypocrite Harry Reid’s High Horse Must’ve Kicked Him in the Head

RedState – 05/11/11 18:15 –

Words matched: National Labor Relations Board, NLRB

With one hand firmly planted in union bosses’ pockets, Senate Majority Leader Harry

Reid got on his high horse in the Senate on Wednesday afternoon to hypocritically

castigate Republicans for calling out the union fanatics at the National Labor

Relations Board and their latest attack on Boeing free

...castigate Republicans for calling out the union fanatics at the National Labor

Relations Board and their latest attack on Boeing free enterprise .

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Rapper AWOL at White House event

Yahoo! News – 05/11/11 17:58 –

Words matched: NLRB

White House officials have sidelined a rapper who glibly validated threats and

violence against police, and quietly dropped him from the afternoon session of

today’s poetry event at the White House.

...See Levi Johnston's book before it gets pulped Carney ducks NLRB question with

independent agency defense, Gov. Nikki Haley not pleased Romney...

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NLRB jettisons federalism for unionism

The Washington Times – 05/11/11 17:45 –

Words matched: National Labor Relations Board, NLRB

ANALYSIS/OPINION: A federal agency wants to dictate exactly where businesses

can create jobs. Last month, the National Labor Relations Board (NLRB) issued a

complaint against Boeing’s decision to open a new aircraft plant in South Carolina.

NLRB jettisons federalism for unionism ANALYSIS/OPINION: A federal agency

wants to dictate exactly where businesses can create jobs. Last month ,

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WaPo op-ed contributor and former Gitmo detainee posts photoshopped dead

Obama pic on his website

Yahoo! News – 05/11/11 17:36 –

Words matched: NLRB

2 hrs 15 mins ago The Washington Post’s Outlook section just gave ex-jihadi

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Moazzem Begg a half-page this Sunday to lament the U.S. war on jihadis, and Begg

repaid the Post by showcasing a photoshopped image of a dead President Barack

Obama on his advocacy website.

...See Levi Johnston's book before it gets pulped Carney ducks NLRB question with

independent agency defense, Gov. Nikki Haley not pleased Romney...

Is the 'Enemies List' the New 'Death Panels'?

Yahoo! News – 05/11/11 17:34 –

1 other source (Politics - Yahoo! News)

Words matched: National Labor Relations Board, NLRB

Elspeth Reeve – Wed May 11, 1:58 pm ET Sarah Palin weighed in today on what

seems like a local business dispute with an impressive string of violent imagery,

tweeting, "Boot on the throat of business in the USA.

...watches, while freedom erodes." Palin's upset over the National Labor Relations

Board having filed a complaint against Boeing, accusing the company...

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Press Briefing by Press Secretary Jay Carney, 5/11/2011

The White House – 05/11/11 17:07 –

Words matched: National Labor Relations Board, NLRB

James S. Brady Press Briefing Room 12:20 P.M. EDT MR. CARNEY: Good

afternoon, everyone. I want to see if I see anyone out there who came with us to

Texas yesterday.

...McNerney, who chairs the President s Export Council, said the National Labor

Relations Board suit against his company for building a plant in...

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Ed Schultz faces $100,000 lawsuit from NBC employee

Yahoo! News – 05/11/11 16:22 –

Words matched: NLRB

2 hrs 26 mins ago NBC News broadcast engineer Michael Queen is suing MSNBC

host Ed Schultz for at least $100,000, accusing the left-wing talker of ripping his idea

for a TV show off.

...See Levi Johnston's book before it gets pulped Carney ducks NLRB question with

independent agency defense, Gov. Nikki Haley not pleased Romney...

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Sarah Palin chimes in on National Labor Relations Board fight

Politico – 05/11/11 15:44 –

Words matched: National Labor Relations Board, NLRB

Sarah Palin sent a subtle love note to South Carolina Gov. Nikki Haley on

Wednesday, with a Facebook message attacking President Barack Obama and the

National Labor Relations Board’s fight with Boeing.

Sarah Palin chimes in on National Labor Relations Board fight Sarah Palin sent a

subtle love note to South Carolina Gov. Nikki Haley on Wednesday ,

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South Carolina dials up pressure over Boeing plant

Free Republic – 05/11/11 15:15 –

Words matched: National Labor Relations Board, NLRB

A decision by Boeing Co. to construct a $1 billion production facility in South Carolina

— rather than in Washington State, where the company is based — has run into

opposition from the National Labor Relations Board, which claims the move was

motivated by the firm's desire not to deal with labor un

...State, where the company is based has run into opposition from the National

Labor Relations Board, which claims the move was motivated by the firm's...

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Reid slams GOP �interference� in Boeing labor clash

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Free Republic – 05/11/11 14:59 –

Words matched: National Labor Relations Board, NLRB

The Senate’s top Democrat on Wednesday harshly condemned what he said were

“inappropriate” attempts by Republican lawmakers to intervene in a controversial

labor dispute now before the National Labor Relations Board.

...lawmakers to intervene in a controversial labor dispute now before the National

Labor Relations Board. Senate Majority Leader Harry Reid, Nevada...

Top Republicans demand Obama weigh in on Boeing dispute

Hartford Courant – 05/11/11 08:17 –

Words matched: National Labor Relations Board, NLRB

NORTH CHARLESTON, S.C. — 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

...senators demanded Tuesday that the Obama administration weigh in on the

National Labor Relations Board 's complaint against Boeing , saying the...

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How House GOP can - and should - block Obama recess appointments

Washington Examiner – 05/11/11 08:05 –

Words matched: National Labor Relations Board, NLRB

Republicans shouldn't settle for issuing outraged press releases the next time

President Obama makes a recess appointment. Instead, they should use their

constitutional powers to block him from taking such action in the first place.

...Obamacare czar? And just in the last few weeks, the National Labor Relations

Board's unconfirmed acting general counsel Lafe Solomon has filed...

Unfair Labor Practices

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Cordillera labour center chides Lepanto mines for sacking 453 after May 1

AllVoices – 05/11/11 18:18 –

Words matched: unfair labor practices

BAGUIO CITY -- Kilusang Mayo Uno-Cordillera (KMU-Cordillera) in a recent

statement strongly condemned what it said "the cruelest act of the Lepanto

Consolidated Mining Company after it sacked some workers and their families by

implementing retrenchment.

...notice of strike they filed on grounds of illegal termination and unfair labor

practices promising to negotiate in good faith but the mining...

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NLRB jettisons federalism for unionism

The Washington Times – 05/11/11 17:45 –

Words matched: unfair labor practices

ANALYSIS/OPINION: A federal agency wants to dictate exactly where businesses

can create jobs. Last month, the National Labor Relations Board (NLRB) issued a

complaint against Boeing’s decision to open a new aircraft plant in South Carolina.

The NLRB is an independent federal agency tasked with investigating unfair labor

practices. But since being packed with President Obama appointees ,

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Are Immokalee Tomato Recall and CIW Migrant Labor Issues Related?

Yahoo! News – 05/11/11 17:06 –

Words matched: Unfair Labor Practices

Contribute content like this. Start here. COMMENTARY | Big business is a synonym

for ULP (Unfair Labor Practices). Nowhere is this more true than with migrant farm

workers.

Start here. COMMENTARY | Big business is a synonym for ULP (Unfair Labor

Practices). Nowhere is this more true than with migrant farm workers .

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BK Veggie Burger and McDonald's McVeggie: Are They Vegetarian?

Yahoo! News – 05/11/11 16:19 –

Words matched: unfair labor practice

Contribute content like this. Start here. We don't frequent fast food restaurants;

however, I stopped at Burger King on Tuesday to get my vegetarian daughter a

meal.

...issues, especially with chickens. Jimmy Johns has had numerous unfair labor

practice charges levied against them for workers' rights abuses .

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Meltwater News Inc. is a global specialist in online media monitoring. We help more than 17,000 of the world's most admired

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grown to 50 offices in Africa, Asia, Australia, Europe, North America and South America. Meltwater News is fully owned by its

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Microsoft Outlook

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Thursday, May 12, 2011 4:04 PM

Solomon, Lafe E.

21 articles from Meltwater News

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NLRB v. Boeing Is An Abuse of Power

Hudson Institute – 05/12/11 12:36 –

Words matched: Lafe Solomon

by Diana Furchtgott-Roth Some people think that the most important issues in

Washington are how to reduce spending and whether we will cut the deficit.

...disputes between employers and labor unions. Its acting general counsel , Lafe

Solomon-nominated by President Obama in January, but not yet confirmed...

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Boeing vs. the NLRB: A Naked Power Grab by Radical Pro-Unionists (Great

article)

Free Republic – 05/12/11 12:12 –

Words matched: Craig Becker

Boeing made a legal business decision that unions opposed, and the National Labor

Relations Board is using this as a pretext to unlawfully expand its power.

...is dominated by radical, pro-union appointees. The worst is Craig Becker, an

Obama recess appointee who has argued that the freedom of businesses...

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Republican senators send letter demanding that President Obama withdraw

the nominations of Lafe Solomon and Craig Becker

CCH's Employment Law Daily – 05/12/11 08:29 –

Words matched: Lafe Solomon, Craig Becker

Led by Conservative firebrand Senator Jim DeMint (R-SC) 18 Republican Senators

have sent a letter to President Obama, demanding that he “fix” the NLRB.

...send letter demanding that President Obama withdraw the nominations of Lafe

Solomon and Craig Becker Led by Conservative firebrand Senator Jim...

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NLRB v. Boeing Is An Abuse of Power (A wrong decision that will affect the

future of businesses)

Free Republic – 05/12/11 07:40 –

Words matched: Lafe Solomon

WASHINGTON--Some people think that the most important issues in Washington

are how to reduce spending and whether we will cut the deficit. Those are indeed

serious issues.

...disputes between employers and labor unions. Its acting general counsel , Lafe

Solomon-nominated by President Obama in January, but not yet confirmed...

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Boeing vs. the NLRB: A Naked Power Grab by Radical Pro-Unionists (Great

article)

Free Republic – 05/12/11 12:12 –

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

Boeing made a legal business decision that unions opposed, and the National Labor

Relations Board is using this as a pretext to unlawfully expand its power.

...made a legal business decision that unions opposed, and the National Labor

Relations Board is using this as a pretext to unlawfully expand its...

NLRB - Major Outlets

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District 1199 Claims It's Settled 13-month Nursing Home Strike: Employer Says

Nothing Has Been Finalized

Hartford Courant – 05/12/11 13:48 –

Words matched: National Labor Relations Board

Get Business Mobile Text Alerts: Text BIZ To 37798

...workers who were fired. Those employees were named in a complaint against

Spectrum by the National Labor Relations Board . Courant Staff Report

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NFL Back In Court Over Lockout Battle

Click On Detroit – 05/12/11 13:18 –

Words matched: National Labor Relations Board

Players Have Until May 20 To Respond The NFL will be back in court Monday

morning to file an opening brief with the 8th U.S. Circuit Court of Appeals in St.

...the NFLPA's decision to decertify was designed to circumvent the National Labor

Relations Board, but Nelson did not accept that. While hearing ...

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Lawmakers Aim To Head Off NLRB Decision Vs. Boeing

Newsvine – 05/12/11 12:50 –

Words matched: NLRB

Senate Republicans are proposing to rewrite the law covering union-management

disputes to stop a federal agency from giving Big Labor the power to punish

companies that try to move operations to right-to-work states.

Lawmakers Aim To Head Off NLRB Decision Vs. Boeing Senate Republicans are

proposing to rewrite the law covering union-management disputes to ...

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Boeing vs. the NLRB: A Naked Power Grab by Radical Pro-Unionists (Great

article)

Free Republic – 05/12/11 12:12 –

Words matched: National Labor Relations Board, NLRB

Boeing made a legal business decision that unions opposed, and the National Labor

Relations Board is using this as a pretext to unlawfully expand its power.

Boeing vs. the NLRB : A Naked Power Grab by Radical Pro-Unionists (Great article)

Boeing made a legal business decision that unions opposed, and ...

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Left, Right, Left, Right... Presidential Election Marching us blindly toward

destruction

Newsvine – 05/12/11 12:05 –

Words matched: NLRB

advertisement Where do I start? I will attempt to be "Fair and Balanced" in this rant.

Who is worse, the radical left or the radical right? Taxation: To be fair, both parties

do a great job of looking for new creative ways to tax the American people into

oblivion.

...PERSONAL campaign contributions. He has also been responsible for an NLRB

recess appointment of Union radicals who have made it clear that they...

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Station Casinos Mounts No Defense in Massive Labor Law Violation Trial

Breitbart.com: Business Wire – 05/12/11 11:49 –

1 other source (Business Wire)

Words matched: National Labor Relations Board, NLRB

The trial before a U.S. administrative law judge in the largest Unfair Labor Practices

case ever filed against a Nevada gaming company by the U.S. National Labor

Relations Board (NLRB) came to an abrupt end last week.

...Practices case ever filed against a Nevada gaming company by the U. S. National

Labor Relations Board (NLRB ) came to an abrupt end last week. In...

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Spectrum Healthcare, District 1199 Settle 13-month Nursing Home Strike

Hartford Courant – 05/12/11 11:49 –

Words matched: National Labor Relations Board

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Get Business Mobile Text Alerts: Text BIZ To 37798

Those employees were named in a complaint against Spectrum by the National

Labor Relations Board. The settlement allows all of the workers to...

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Good for Union Bosses, Bad for the Economy

Free Republic – 05/12/11 10:26 –

Words matched: National Labor Relations Board, NLRB

One picture, they say, is worth a thousand words. Sometimes you need only one

number. Consider the latest monthly job report, which shows an uptick in

unemployment, from 8.

...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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NLRB v. Boeing Is An Abuse of Power (A wrong decision that will affect the

future of businesses)

Free Republic – 05/12/11 07:40 –

Words matched: National Labor Relations Board, NLRB

WASHINGTON--Some people think that the most important issues in Washington

are how to reduce spending and whether we will cut the deficit. Those are indeed

serious issues.

NLRB v. Boeing Is An Abuse of Power (A wrong decision that will affect the future of

businesses) WASHINGTON--Some people think that the most ...

Translate

Stop stepping on employers and they will step up, Mr. President

Washington Examiner – 05/12/11 01:02 –

Words matched: National Labor Relations Board, NLRB

Even for a lifetime politician, President Obama showed remarkable cynicism with his

statement today that it’s time for companies to “step up” to increase hiring.

...not to join a union. * Punishing Enemies: Now Obama's National Labor Relations

Board (NLRB ) has signaled a fight with aircraft maker Boeing ,

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More Gutsy Calls From Obama!

LexisNexis – 05/11/11 19:45 –

Words matched: National Labor Relations Board

Ann Coulter Obama has been making "gutsy calls" all over the place! Obama has

been making "gutsy calls" all over the place! In full campaign mode, he's been

deploying his administrative agencies to do favors for his big contributors, to the

detriment of ordinary Americans.

...that in the Detroit News.) Two weeks ago, Obama's National Labor Relations

Board made the gutsy call to file a complaint against Boeing for attempting...

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SEN. HARRY REID'S REMARKS ON THE NATIONAL LABOR RELATIONS

BOARD AS PREPARED FOR DELIVERY

LexisNexis – 05/11/11 14:44 –

Words matched: NATIONAL LABOR RELATIONS BOARD, National Labor

Relations Board, NLRB

SEN. HARRY REID'S REMARKS NATIONAL LABOR RELATIONS BOARD AS

PREPARED FOR DELIVERY, AS RELEASED BY SEN. REID'S OFFICE MAY 11,

2011 SPEAKER: SEN. HARRY REID, D-NEV.

SEN. HARRY REID'S REMARKS ON THE NATIONAL LABOR RELATIONS

BOARD AS PREPARED FOR DELIVERY SEN. HARRY REID'S REMARKS

NATIONAL LABOR RELATIONS BOARD ...

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Boeing Is Pro-Growth, Not Anti-Union

The Wall Street Journal - World News – 05/11/11 08:24 –

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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Unfair Labor Practices

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Boeing vs. the NLRB: A Naked Power Grab by Radical Pro-Unionists (Great

article)

Free Republic – 05/12/11 12:12 –

Words matched: unfair labor practice

Boeing made a legal business decision that unions opposed, and the National Labor

Relations Board is using this as a pretext to unlawfully expand its power.

...to reach decisions without fear of later evaluations labeling its conduct an unfair

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labor practice. But under the NLRB s warped view of the law ,

Station Casinos Mounts No Defense in Massive Labor Law Violation Trial

Breitbart.com: Business Wire – 05/12/11 11:49 –

1 other source (Business Wire)

Words matched: Unfair Labor Practices

The trial before a U.S. administrative law judge in the largest Unfair Labor Practices

case ever filed against a Nevada gaming company by the U.S. National Labor

Relations Board (NLRB) came to an abrupt end last week.

...trial before a U.S. administrative law judge in the largest Unfair Labor Practices

case ever filed against a Nevada gaming company by the U.S .

Translate

SEN. HARRY REID'S REMARKS ON THE NATIONAL LABOR RELATIONS

BOARD AS PREPARED FOR DELIVERY

LexisNexis – 05/11/11 14:44 –

Words matched: unfair labor practices

SEN. HARRY REID'S REMARKS NATIONAL LABOR RELATIONS BOARD AS

PREPARED FOR DELIVERY, AS RELEASED BY SEN. REID'S OFFICE MAY 11,

2011 SPEAKER: SEN. HARRY REID, D-NEV.

...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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Meltwater News Inc. is a global specialist in online media monitoring. We help more than 17,000 of the world's most admired

companies and organizations keep track of business critical information published online. Founded in Norway in 2001 we have

grown to 50 offices in Africa, Asia, Australia, Europe, North America and South America. Meltwater News is fully owned by its

founders and employees.

Meltwater is headquartered at 50 Fremont St, San Francisco, California, USA, 94105. This report has been configured for you

by a consultant at Meltwater News. To find out more please contact your consultant using their direct contact details at the top

of this mail report. If you wish to unsubscribe you can also contact your consultant, or contact us using the link below.

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Microsoft Outlook

BNA Highlights [bhighlig@bna.com]

Thursday, May 12, 2011 9:51 PM

Solomon, Lafe E.

May 12 -- BNA, Inc. Daily Labor Report

From:

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Thursday, May 12, 2011 · Number 92

NLRB New Filing Finder

Display Latest Filings

LEADING THE NEWS

View Recent Articles By:

Race Discrimination

Agencies

Title VII's Limitations Period Governs

States

EEOC ‘Pattern-or-Practice' Case, Court Rules

Courts/Tribunals

A 300-day limitations period for filing individual discrimination

charges with the Equal Employment Opportunity Commission

under Title VII of the 1964 Civil Rights Act also applies when

EEOC files a pattern-or-practice suit under the act...

Federal Statutes

Industries

Law Firms

Unions

Cases Reported

Key Features:

Analysis & Perspective

NEWS

Special Reports

Also in the Courts

Aerospace

IAM Members OK Army Fleet Support Pact

For 3,800 Pilots, Mechanics at Fort Rucker

NLRB Summaries

Wage Trend Indicator

Calendar of Events

Members of International Association of Machinists Local Lodge

2003 May 1 ratified a "last, best, and final" offer made by Army

Fleet Support LLC in Fort Rucker, Ala....

Airlines

FAA Revises Proposed Crew Training Rule

In Response to 2009 Accident, 2010 Law

In response to congressional and public concerns raised

following the 2009 crash of a regional carrier, the Federal

Aviation Administration has revised proposed rules designed to

overhaul training of airline crew members, according to...

Compensation

Retention, Hiring Bonuses Heating Up,

As Hiring Freezes Thaw, Survey Finds

With the employment outlook improving, companies are

focusing their compensation programs on hiring and retaining

top talent, according to a survey released May 12 by Buck

Consultants....

Disabilities

Employee With Mental Illness Did Not Show

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Disabilities Bias, Retaliation, Judge Decides

A former rural letter carrier with recurrent schizoaffective

disorder that was managed by medication failed to show that he

was disabled within the meaning of the Americans with

Disabilities Act or retaliated against for his bias complaints,...

Employment

Legal Job Market Remains Competitive

For 40,000 New Law School Graduates

As the month of May brings more than 40,000 law school

graduates into the employment market, the initial assessment

of the National Association of Legal Professionals (NALP) is that

the class of 2011 faces a crowded and competitive job

market....

FLSA

FLSA Claims of Firefighters Who Volunteered

To Battle Wildfires Triable, Court Determines

A jury question exists as to whether the Fair Labor Standards

Act's special detail exemption applies to a group of Sioux Falls,

S.D., firefighters seeking overtime pay from the city for

combating wildfires at South Dakota's request,...

Health Care

Employers Paying Shrinking Share

Of Workers' Health Care Costs, Milliman Says

As the price of health care coverage has continued to climb in

recent years, employers have been paying a decreasing share of

the costs of coverage for their employees, according to a report

released May 11 by Seattle-based consulting and actuarial...

Health Care

Increased Interest in Wellness Programs

May Prompt Future Guidance, Speaker Says

Regulators are interested in exploring the effectiveness of

wellness programs, which could lead to wellness program

guidance in the near future, an employee benefits consultant

said May 11 during a webcast sponsored by the American Law

Institute-American...

Job Training

Congress Should Make Workforce System

More Effective, Witnesses Tell House Panel

Congress should take action to develop a more coherent,

effective, and less duplicative workforce system, several

witnesses told a House panel May 11, although one witness

defended duplication in federal job training programs....

NLRB

Senate Panel Meets to Discuss Middle Class

But Mostly Focuses on NLRB, Boeing Dispute

The Senate Health, Education, Labor and Pensions Committee

set a May 12 hearing to consider the future of the U.S. middle

class, but most of the session was taken up with questions and

debate over a National Labor Relations Board proceeding
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involving...

OFCCP

OFCCP Proposes to Revise Itemized Listing

Used for Contractors’ Compliance Reviews

The Labor Department's Office of Federal Contract Compliance

Programs is proposing to revise the scheduling letter and

itemized listing it sends to supply and service federal

contractors to initiate compliance evaluations and request...

Safety & Health

OMB Extends Review Period for Proposal

By OSHA to Set Tighter Limits for Silica Dust

The review period for the Occupational Safety and Health

Administration's proposal to tighten silica exposure limits is

being extended, the White House announced May 12....

State Laws

Bill Signed by Indiana Governor Requires

Immigration Checks, Sets Employer Penalties

LANSING, Mich.—Gov. Mitch Daniels (R) May 10 signed

legislation ( S.B. 590) requiring employers and state agencies to

verify workers' immigration status and putting in place penalties

for those who knowingly employ unauthorized...

Unemployment Insurance

Congressional Research Service Report

Covers Legislative Issues Related to UI

Noting that national unemployment is predicted to remain high

into next year, the Congressional Research Service May 9 issued

a report concluding that the increased demand for regular and

extended unemployment benefits will continue and...

ALSO IN THE COURTS

Also in the Courts: A Roundup of Recent Labor and

Employment Rulings

SPECIAL REPORT

Safety & Health

MSHA Releases UBB Mine Probe Transcripts

Showing Possible Lapses in Rescue Protocol

Government investigators questioning team members from an

April 2010 rescue operation at Upper Big Branch mine in West

Virginia focused on the activities of two mine officials as

witnesses described a chaotic scene in which rescuers

scrambled...

ECONOMIC NEWS

Economic Activity
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Sales Grow for Ninth Consecutive Month,

Due Mostly to Growth in Gas, Food Sales

DENVER—Retail sales grew in April for the ninth consecutive

month, by 0.5 percent, driven by a surge in gasoline and food

sales, the Commerce Department's Census Bureau reported

May 12. ...

Prices

Producer Prices Rose 0.8 Percent in April

As Energy Costs Spiked Again, BLS Reports

Wholesale prices rose 0.8 percent in April after climbing 0.7

percent the prior month, as energy costs continued to spike,

according to seasonally adjusted figures released May 12 by the

Labor Department's Bureau of Labor Statistics....

Unemployment Insurance

First Time Claims Declined by 44,000

To 434,000 in Latest Week, ETA Reports

The number of workers filing first-time unemployment insurance

claims fell by 44,000 last week to 434,000 claims seasonally

adjusted, mostly reversing a jump of 47,000 in the week ended

April 30, as revised, the Department of Labor's...

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

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4

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Microsoft Outlook

From:

Sent:

To:

Subject:

Abruzzo, Jennifer

Friday, May 13, 2011 7:09 AM

Solomon, Lafe E.; Mattina, Celeste J.

Article re: Yesterday's Hearing

Sarah’s testimony was great.

NLRB

Senate Panel Meets to Discuss Middle Class

But Mostly Focuses on NLRB, Boeing Dispute

The Senate Health, Education, Labor and Pensions Committee set a May 12 hearing to consider the future of the

U.S. middle class, but most of the session was taken up with questions and debate over a National Labor

Relations Board proceeding involving America's largest exporter, Boeing Co.

Former labor secretary Robert B. Reich and Heather Boushey, senior economist with the Center for American

Progress, addressed widening income gaps and economic stresses on middle class families, but senators asked

more questions of J. Michael Luttig, Boeing's general counsel, who was invited to appear by Ranking Member

Michael B. Enzi (R-Wyo.) and discussed the NLRB acting general counsel's April 20 complaint alleging that

the company illegally transferred jetliner production from Washington state to South Carolina in retaliation for

Puget Sound area employees having supported past strikes by the International Association of Machinists (77

DLR AA-1, 4/21/11).

Luttig called the unfair labor practice complaint “preposterous on its face” and Enzi blasted it as “not the way to

encourage new job creation in the U.S.” but Sen. Richard Blumenthal (D-Conn.) questioned the appropriateness

of “vigorous and even vicious attacks on the NLRB,” while Sen. Tom Harkin (D-Iowa), chairman of the

committee, said the Boeing case has become a “political thing” and warned that “what borders on the unethical

is for people in the political branch—the Congress—to begin to interfere in a judicial process and to try to make

it a political matter.”

Former NLRB Member Sarah M. Fox, now legal counsel for the AFL-CIO, told the committee that the National

Labor Relations Act was intended not only to protect workers but to be “part of a positive national economic

strategy,” and argued that the only thing extraordinary about the complaint against Boeing is the size of the

company and the magnitude of the business decision that is in dispute.

Committee Leaders Offer Differing Views

Harkin opened the hearing noting that his state experienced more than 200 plant closings in 2010, with a loss of

nearly 12,000 jobs, and said Congress must make “smarter policy choices to restore the fundamental promise of

the American Dream.”

One of those “smarter policy choices,” Harkin said, would be to “restore the voice of working Americans by

strengthening workers' rights, and defending the agency that protects those rights—the National Labor

Relations Board.”

Harkin said NLRB career employees have come under “vicious and unfair political attack for carrying out their

duties under the law” in what he alleged was “part of a larger political campaign that we are seeing across the

country to unfairly scapegoat workers and their unions for our nation's problems.”

But Enzi said the acting general counsel issued a complaint against Boeing that left employers across the

country “greatly disturbed that a bureaucrat serving in an acting capacity could direct U.S. companies about

where to locate facilities.”

Among his concerns, Enzi said, is whether NLRB is targeting the 22 states which have right-to-work laws like

South Carolina's. Those states, Enzi said, have been “an engine of new job creation” and have attracted foreign

employers to the United States. Enzi said he and his colleagues will fight to oppose the creation of any deterrent

to investment in right-to-work states, and he charged that the NLRB complaint against Boeing shows “this

administration has yet to get the message.”
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NLRB-FOIA-00001721

Reich, Boushey Stress Need for Viable Middle Class

Reich, now a professor of public policy at the University of California at Berkeley, told the panel that the U.S.

economy is in a “lopsided recovery,” with stock prices and executive compensation on the rise, but the average

worker “not getting much” out of the recovery.

Workers have adopted “coping mechanisms” to deal with economic adversity in the past, such as having two

spouses working, Reich observed, but “there's a limit on how many women with young children can go to

work” and he commented that service jobs recently created in restaurants and other businesses “do not pay very

much.”

Reich said Americans went into debt and used their homes as sources of wealth until a housing bubble burst,

depriving them of their “last coping mechanism.” Now, he said, there is “not enough money in the middle class

to keep the country running,” while the wealthiest Americans have become even richer.

Reich said he hears a common refrain that the United States cannot raise taxes on those with the highest

incomes or greatest wealth, but added, “I frankly don't know what they're talking about!”

Boushey told the panel that “supply-siders” believe the key to economic growth is for government to reduce

taxes and limit regulation in order to spur investment, but small businesses report that their single largest

concern is poor sales revenue.

Stating that “lowering wages and a hollowed out middle class means that consumers can demand less and less

each year,” Boushey said “when every employer focuses solely on reducing wages at the expense of all else,

this has devastating consequences for the economy overall.”

The economist said “without fear of retaliation, collective bargaining helped us grow.”

Boeing Lawyer Challenges NLRB Complaint

Luttig, who served as a judge on the U.S. Court of Appeals for the Fourth Circuit before resigning to join

Boeing, told the panel that the NLRB complaint is “enormously consequential” for the company, which already

has received about 850 orders for its long-awaited 787 Dreamliner airplane.

Most Dreamliner production will take place in the Puget Sound area of Washington state where IAM represents

Boeing employees, but Luttig said the demand for the Dreamliner required the company to build a second

assembly line. Boeing considered Washington, South Carolina, and other locations and made a “considered

business judgment” based on a “host of considerations” that favored South Carolina, he said.

Stating that the company has invested $1 billion in a state-of-the-art facility in North Charleston, S.C., Luttig

argued that alleging the company made its decision in retaliation for the earlier strike activity by Washington

workers was insupportable. No company spends a sum like Boeing's investment “out of spite,” the lawyer said.

Calling the unfair labor practice complaint “a breathtaking substitution of the board for the management of an

American company,” Luttig argued that concern about the NLRB action might make companies reluctant to

expand into a right to work state like South Carolina. He said companies also might hesitate before building

facilities and employing workers in a state that does not have a right to work law, fearing that a later attempt to

move to a right to work state might be challenged as illegal under the NLRA.

Calling the NLRB complaint “legally unfounded and irresponsible,” Luttig said it should be “of concern to all.”

Former NLRB Member Says Case Not Extraordinary

But Fox said NLRB cases alleging unlawful transfers of work by employers were not extraordinary, and she

said that the NLRB complaint alleges that Boeing engaged in just such a “transfer” of work to South Carolina

because the firm's Washington employees had exercised their right under the NLRA to engage in strikes.

Stating that NLRB is responsible for protection of employee rights including the right to strike, Fox said there

was “nothing extraordinary about this complaint.”

Americans have a right to expect that statutory rights will be enforced, Fox said, adding that recent “attacks” on

the agency have been “disturbing.”

Reich Opposes ‘Relentless Attacks' on Labor

Sen. Johnny Isakson (R-Ga.) told Reich that he assumed the economist supported what NLRB was trying to do,

but Reich said he would not prejudge the case and called it a “distraction” from the Senate committee's work of

considering the issue that was the purpose for the hearing.

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NLRB-FOIA-00001722

Noting that the case had not even begun a process that would include an administrative law judge hearing,

board review, and possible consideration by the courts, Reich said it was inappropriate to prejudge the outcome

of the case.

Asked by Isakson whether he knew of any time when NLRB had “made a decision to retroactively invalidate a

capital investment of $ 1 billion,” Reich said there had been no NLRB decision and he was not an “NLRB

historian.” However, Reich responded that “as a history buff with regard to labor, I am shocked and deeply

upset by the relentless attack on organized labor, on unionization, and the rights of employees in this country to

unionize.”

NLRB Process, Effect of Complaint Debated

Blumenthal, in his first term representing Connecticut, told Luttig that he is “troubled by the attack on the

NLRB process,” which he observed is at a “very incipient state,” and asked the Boeing general counsel for his

reaction.

“I don't see a vicious attack on the NLRB,” Luttig said. “On the facts here,” he said, the acting general counsel

has brought “a public policy issue of some import.”

But Blumenthal said the unfair labor practice case involves statements about the Dreamliner decision allegedly

made by Boeing executives, and the context in which those remarks were made and in which they should be

interpreted. Calling that “classically the kind of factual dispute” that cannot be resolved before litigation even

begins, Blumenthal said NLRB's case against Boeing should not be prejudged.

Blumenthal also asked Luttig whether he believed that the company faced “inevitable” defeat in the unfair labor

practice case before NLRB, and the Boeing lawyer replied that “I presumptively expect to lose.” He said he

based that opinion on “institutional reasons” that the general counsel and the board will share the same view of

the law, but expressed confidence that the company ultimately would prevail in a court review of a board order.

Sen. Lamar Alexander (R-Tenn.) asked Luttig how long it could take to obtain judicial review of an adverse

NLRB ruling, and the lawyer said it could take about two years. Alexander asked whether there are Boeing

suppliers in Washington now considering whether to locate operations in or near South Carolina in anticipation

of the company's plan to build three Dreamliners per month there.

Luttig agreed that suppliers are trying to make plans and decisions, and agreed with Alexander that waiting

several years for a resolution of the NLRB complaint will leave not only Boeing but also other companies in

doubt about their rights and business options.

Alexander asked whether it was “unethical” for the Senate committee to be considering such an issue at a

hearing, and Luttig agreed that it was not improper.

Harkin Questions Senate Hearing Boeing Dispute

But Harkin expressed regret that so much of the hearing had been devoted to the Boeing dispute rather than

broader issues about the economy and the middle class. He also said he didn't think a Senate hearing on the

dispute was appropriate.

The committee chairman noted that in Pillsbury Co. v. FTC, 354 F.2d 952 (5th Cir. 1968), an administrative

agency order against a company was overturned after a federal appeals court concluded that a Senate

committee's conducting a hearing on the dispute while it was pending before the agency violated due process

rights of one of the parties.

Harkin also noted that on May 11, Jim McNerney, Boeing's president and chief executive officer, wrote an op-

ed piece in the Wall Street Journal that challenged the NLRB action, but the executive also wrote that “[t]he

NLRB's overreach could accelerate the overseas flight of good, middle-class American jobs.”

Harkin said the company is a major supplier to the federal government, earning about $19.5 billion from

government sales, and Harkin would have preferred that McNerney include assurances in his op-ed piece that

Boeing does not intend to move jobs out of the United States.

Luttig said the executive “did not make a veiled threat at all” but only a general observation. Luttig offered his

own assurances on behalf of Boeing that the company has no plan to export jobs from the United States.

By Lawrence E. Dubé

Written testimony submitted by Robert B. Reich may be accessed at http://op.bna.com/dlrcases.nsf/r?Open=ldue-

8gsth2. Testimony by Heather Boushey may be accessed at http://op.bna.com/dlrcases.nsf/r?Open=ldue-8gstk4.

Testimony by J. Michael Luttig may be accessed at http://op.bna.com/dlrcases.nsf/r?Open=ldue-8gstl6. Testimony by

Sarah Fox may be accessed at http://op.bna.com/dlrcases.nsf/r?Open=ldue-8gstjf
3

NLRB-FOIA-00001723

4

NLRB-FOIA-00001724

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to the top

Church roundup

Norman Transcript – 05/13/11 06:22 –

Words matched: Brian Hayes

NORMAN — St. Michael’s to welcome guest Sister Ephrance, from Uganda, will

speak at St. Michael’s Episcopal Church, 1601 W. Imhoff Road, on Tuesday to share

information concerning the program in Uganda called “Bushyeni Alliance for Rural

Health and Development.

...be found at www.pinecove.com. For more information, call Brian Hayes , children

s pastor at Wildwood Community Church, or Lisa Groening at 329-3939 .

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With suit against Boeing, NLRB becomes GOP’s top target

The Hill – 05/13/11 06:20 –

Words matched: Lafe Solomon

Move over, EPA and OSHA: The National Labor Relations Board has become the

popular executive-branch target for Republicans. Since its April 20 complaint against

Boeing for allegedly retaliating against union workers, the NLRB has faced a daily

barrage of GOP and business criticism for meddling in a

...pending before the labor board. The board s acting general counsel, Lafe

Solomon, will likely never see his nomination make it out of the Senate...

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Labor board's action in Boeing case may curb efforts to lure jobs to TN

The Tennessean – 05/13/11 05:42 –

Words matched: Lafe Solomon, Craig Becker

NLRB officials want Boeing to move new plant and jobs from right-to-work state of

South Carolina back to Washington

...Republicans for threatening to block confirmation of NLRB General Counsel Lafe

Solomon and board member Craig Becker because of the Boeing complaint .

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Boeing fight gives Republicans weapon against labor board

The Seattle Times – 05/13/11 01:01 –

Words matched: Lafe Solomon

Republican lawmakers are seizing on a National Labor Relations Board complaint

against Boeing as a chance to rein in an agency they say...

...the Washington-based Chamber, said in an email. On April 20, Lafe Solomon , the

board's acting general counsel, filed a complaint saying Boeing...

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GOP bill seeks to undercut labor agency in Boeing case

Tri-City Herald – 05/13/11 00:50 –

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NLRB-FOIA-00001725

5 other sources (Ledger-Enquirer, The Olympian (AP), ...)

Words matched: Lafe Solomon, Craig Becker

WASHINGTON Thirty-four Republican senators introduced legislation Thursday to

protect states' "right-to-work" status and to ban the chief federal labor agency from

determining where companies can do business.

...plant this summer to make its next-generation 787 Dreamliner planes . Lafe

Solomon, the NLRB's acting general counsel, charges that Boeing violated...

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Republican senators seeks to undercut National Labor Relations Board

Post and Courier (AP) – 05/13/11 00:36 –

Words matched: Lafe Solomon, Craig Becker

Legislation in response to Boeing's move

...plant this summer to make its next-generation 787 Dreamliner planes . Lafe

Solomon, the NLRB's acting general counsel, charges that Boeing violated...

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Boeing Makes Its Case Against the NLRB at Senate Committee Hearing

Industry Week – 05/12/11 23:25 –

Words matched: Lafe Solomon

Hundreds of thousands of jobs could be at risk, Boeing’s Luttig says.

...against Boeing. In that complaint, NLRB Acting General Counsel Lafe Solomon

alleges the aerospace company violated two sections of the National...

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NLRB's Boeing suit could send U.S. jobs overseas

The Press-Enterprise (AP) – 05/12/11 21:42 –

1 other source (Washington Examiner)

Words matched: Lafe Solomon

The National Labor Relations Board's main mission is to settle disputes between

employers and labor unions. Its acting general counsel, Lafe Solomon -- nominated

by President Obama in January but as yet unconfirmed by the Senate -- has charged

that.

...disputes between employers and labor unions. Its acting general counsel , Lafe

Solomon -- nominated by President Obama in January but as yet unconfirmed...

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The PJ Tatler » Daily Caller: GOP senators drop ‘bomb’ on NLRB

Pajamas Media – 05/12/11 21:26 –

Words matched: Craig Becker

Daily Caller: GOP senators drop ‘bomb’ on NLRB What the three — Sens. Graham,

DeMint and Alexander — actually dropped is a bill that would specifically prohibit the

NRLB from doing what it’s doing to Boeing in South Carolina.

...having any say on any cases, which would cut the SEIU lawyer, Craig Becker,

from having any influence until the Senate actually confirms him. Or...

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Spare us bleatings of $153,000-a-year 'battlers'

The Sydney Morning Herald – 05/12/11 20:30 –

Words matched: Mark Pearce

I was concerned to read that the Hadfield family, whose household income of

$153,000 puts them well and truly in the wealthiest 20 per cent of Australian

households, struggle to pay their bills ('''Rich' family struggles to meet living costs'',

May 12).

...baby bonus is better than losing $150,000 a year for life. Mark Pearce Richmond

Is ''aspirational'' a synonym for never satisfied? Greg Cavanagh...

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GOP bill aimed at undercutting labor agency in Boeing case

The News Tribune – 05/12/11 19:26 –

Words matched: Lafe Solomon, Craig Becker

Thirty-four Republican senators introduced legislation Thursday to protect states'

"right-to-work" status and to ban the chief federal labor agency from determining

where companies can do business.

...plant this summer to make its next-generation 787 Dreamliner planes . Lafe

Solomon, the NLRB's acting general counsel, charges that Boeing violated...

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In wake of Boeing complaint, GOP senators introduce bill to protect 'right-to-

work' states

The Island Packet – 05/12/11 02:29 –

Words matched: Lafe Solomon

WASHINGTON -- Thirty-four Republican senators introduced legislation Thursday to

protect states' "right-to-work" status and to ban the chief federal labor agency from

determining where companies can do business.

...plant this summer to make its next-generation 787 Dreamliner planes . Lafe

Solomon, the NLRB's acting general counsel, charges that Boeing violated...

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NLRB-FOIA-00001726

NLRA - Major Outlets

to the top

The Persecution of Boeing

National Review Online – 05/13/11 00:00 –

Words matched: National Labor Relations Act

The NLRB’s claims are laughable on their face.

...dinosaur of Michigan is the victim of the greatest mass breach of the National

Labor Relations Act of all time. Perhaps the NLRB needs to give...

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Equal rights for domestic workers

SFGate – 05/12/11 23:15 –

Words matched: National Labor Relations Act

"You can see me, right?" New York nanny Christine Lewis asked Stephen Colbert on

"The Colbert Report." Wearing a colorful hat that could not be missed, Lewis argued

that domestic workers are hardly invisible, but that law and custom conspire to keep

them in the shadows and extremely vulnerable at wo

...and racial and gender segregation in our economy. In 1935, the National Labor

Relations Act established the basic labor rights U.S. workers now...

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Labor's helping fist

New York Post – 05/12/11 22:00 –

Words matched: National Labor Relations Act

Outrageous aid to Boeing unions

...dinosaur of Michigan is the victim of the greatest mass breach of the National

Labor Relations Act of all time. Perhaps the NLRB needs to give...

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Johanns Co-Sponsors Bill To Protect States' Right-To-Work Laws

Scottrade – 05/12/11 20:00 –

Words matched: National Labor Relations Act

FIND Government Press Releases Contact: Paul Donahue (202) 224-4224 Chris

Hunt (402) 476-1994 JOHANNS CO-SPONSORS BILL TO PROTECT STATES'

RIGHT-TO-W ORK LAWS WASHINGTON - U.

...current protections of state right-to-work laws in the National Labor Relations

Act. The bill clarifies that the National Labor Relations Board...

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Republican senators drop legislative bomb on NLRB

Daily Caller – 05/12/11 16:29 –

Words matched: National Labor Relations Act

In the wake of the National Labor Relation Board’s (NLRB) contentious decision to

prevent Boeing from opening a plant in South Carolina, three Republican senators

have introduced legislation to protect South Carolina’s right-to-work laws.

...business concerns to be used as a legal basis for a violation of the National Labor

Relations Act. It is time for Congress to speak out in a...

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NLRB - Major Outlets

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With suit against Boeing, NLRB becomes GOP’s top target

The Hill – 05/13/11 06:20 –

Words matched: National Labor Relations Board, NLRB

Move over, EPA and OSHA: The National Labor Relations Board has become the

popular executive-branch target for Republicans. Since its April 20 complaint against

Boeing for allegedly retaliating against union workers, the NLRB has faced a daily

barrage of GOP and business criticism for meddling in a

With suit against Boeing, NLRB becomes GOP s top target Move over, EPA and

OSHA: The National Labor Relations Board has become the popular executive-

branch...

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Mark Steyn On The Rise Of The Canadigators

Free Republic – 05/13/11 03:06 –

Words matched: NLRB

HH: It’s Thursday, and we are always lucky when we can begin with Columnist To

the World, Mark Steyn. You can read all of Mark’s work at www.steynonline.

...about health care, but he began that speech by denouncing Team Obama s

NLRB-sponsored assault on Boeing. I think that this is a very powerful ...

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Mitt Romney's Tough Sell on Health Care

Road Runner – 05/13/11 01:08 –

Words matched: NLRB

The former governor's speech to distance his Massachusetts health-care program

from Obamacare didn't change many minds, but it did show that governing is more

complex than political sound bites, writes Daniel Stone.

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NLRB-FOIA-00001727

...both plans were designed to do. He used Washington-speak-acronyms like the

NLRB, and the ambiguous term "co-insurance" -that most of the country ...

Boeing fight gives Republicans weapon against labor board

The Seattle Times – 05/13/11 01:01 –

Words matched: National Labor Relations Board, NLRB

Republican lawmakers are seizing on a National Labor Relations Board complaint

against Boeing as a chance to rein in an agency they say...

...weapon against labor board Republican lawmakers are seizing on a National

Labor Relations Board complaint against Boeing as a chance to rein...

Translate

The Persecution of Boeing

National Review Online – 05/13/11 00:00 –

Words matched: National Labor Relations Board, NLRB

The NLRB’s claims are laughable on their face.

The Persecution of Boeing The NLRB s claims are laughable on their face . H. L.

Mencken defined puritanism as the haunting fear that someone ,

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Editorials unfair to labor unions

AZcentral.com – 05/12/11 23:11 –

Words matched: National Labor Relations Board

I found the two editorials on Thursday to be, at the very least, interesting and

somewhat informative on several levels ("Prop. 113 lawsuit a huge disservice," and

"This corporate tax cut would help workers").

...for us, as they move their jobs overseas. The unions and the National Labor

Relations Board, on the other hand, are depicted as radical , anti-Arizona...

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Labor's helping fist

New York Post – 05/12/11 22:00 –

Words matched: National Labor Relations Board, NLRB

Outrageous aid to Boeing unions

...the haunting fear that someone, somewhere may be happy. The National Labor

Relations Board is haunted by the fear that a company somewhere might...

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Boeing and the Union Berlin Wall(Obama 'Chavez' sues Boeing for opening

new plant in SC)

Free Republic – 05/12/11 21:58 –

Words matched: National Labor Relations Board, NLRB

The Obama administration's National Labor Relations Board filed a complaint last

month against Boeing to block production of the company's 787 Dreamliner at a new

assembly plant in South Carolina—a "right to-work" state with a law against

compulsory union membership.

...for opening new plant in SC) The Obama administration's National Labor

Relations Board filed a complaint last month against Boeing to block production...

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Boeing and the Union Berlin Wall

The Wall Street Journal - World News – 05/12/11 21:56 –

Words matched: National Labor Relations Board, NLRB

Between 2000 and 2008, 4.8 million Americans moved from forced union states to

right-to-work states—that's one person every minute of every day.

...person every minute of every day. The Obama administration's National Labor

Relations Board filed a complaint last month against Boeing to block...

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Boeing: A Jobs Case Study

RedState – 05/12/11 21:27 –

Words matched: National Labor Relations Board, NLRB

For those who wonder if the Obama administration’s policies really affect job

creation, the decision of the National Labor Relations Board to try to block Boeing

from installing a production line at their factory in South Carolina to produce their 787

Dreamliner should answer the question.

...s policies really affect job creation, the decision of the National Labor Relations

Board to try to block Boeing from installing a production...

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Solutions in 60 seconds or less

Free Republic – 05/12/11 21:21 –

Words matched: NLRB

They gave a debate last week, and nobody came. Well, almost nobody. None of the

“newsmaker” candidates showed up for last Thursday's GOP presidential debate in

Greenville, S.

...Greenville audience by answering a job creation question with a criticism of the

NLRB's high-handed refusal to allow Boeing to move a plant to ...

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4

NLRB-FOIA-00001728

Johanns Co-Sponsors Bill To Protect States' Right-To-Work Laws

Scottrade – 05/12/11 20:00 –

Words matched: National Labor Relations Board, NLRB

FIND Government Press Releases Contact: Paul Donahue (202) 224-4224 Chris

Hunt (402) 476-1994 JOHANNS CO-SPONSORS BILL TO PROTECT STATES'

RIGHT-TO-W ORK LAWS WASHINGTON - U.

...in the National Labor Relations Act. The bill clarifies that the National Labor

Relations Board (NLRB ) cannot order an employer to relocate jobs...

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Harry Reid Comes Clean: NLRB Acts As Check on Employers and *Employees*

RedState – 05/12/11 19:30 –

Words matched: National Labor Relations Board, NLRB

We’ve long said that the union-controlled National Labor Relations Board is

undermining both employer and employee rights. Regardless of the current scuffle

over Boeing, the most shameful aspect of the NLRB’s doing union’s bidding is the

manner in which the NLRB is undermining the very employee righ

Harry Reid Comes Clean: NLRB Acts As Check on Employers and *Employees * We

ve long said that the union-controlled National Labor Relations Board ...

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GOP bill aimed at undercutting labor agency in Boeing case

The News Tribune – 05/12/11 19:26 –

Words matched: National Labor Relations Board, NLRB

Thirty-four Republican senators introduced legislation Thursday to protect states'

"right-to-work" status and to ban the chief federal labor agency from determining

where companies can do business.

...the GOP response to a bid by the top lawyer for the National Labor Relations

Board to prevent Boeing from opening a South Carolina plant this...

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Ethics report: Ensign broke federal criminal, civil laws, could have been

expelled from Senate

Politics - Yahoo! News – 05/12/11 19:11 –

1 other source (Yahoo! News)

Words matched: NLRB

A report by the Senate ethics committee says recently-resigned Sen. John Ensign

broke federal criminal and civil laws and could have been expelled from the Senate

had he not resigned over conduct stemming from an affair with his former aide’s wife.

...killed bin Laden after all Republican senators drop legislative bomb on NLRB The

viral ad campaign season of 2012 officially kicks off Romney ...

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Boeing moves production to South Carolina

The Seattle Times – 05/12/11 19:00 –

Words matched: NLRB

Boeing is going In his op-ed piece in Tuesday’s Times, the president of the

Washington State Labor Council, Jeff Johnson, stated, “We have the most skilled

machinists and engineers, the best aerospace apprenticeship program and a great

public infrastructure to support the aerospace industry” in Was

...infrastructure to support the aerospace industry in Washington state [ Boeing

shouldn t blame NLRB for doing its job, Opinion, May 10]. He s right ,

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MORE GUTSY CALLS FROM OBAMA!

Politics - Yahoo! News – 05/12/11 18:35 –

1 other source (Yahoo! News)

Words matched: National Labor Relations Board

Obama has been making "gutsy calls" all over the place! In full campaign mode, he's

been deploying his administrative agencies to do favors for his big contributors, to

the detriment of ordinary Americans.

...that in the Detroit News.) Two weeks ago, Obama's National Labor Relations

Board made the gutsy call to file a complaint against Boeing for attempting...

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NFL Players Seek $70M In TV Dispute

WSB-TV – 05/12/11 18:26 –

Words matched: National Labor Relations Board

At Issue Is $4 Billion In Broadcast Revenue

...the NFLPA's decision to decertify was designed to circumvent the National Labor

Relations Board, but Nelson did not accept that. While hearing ...

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Oliver Bell, Inc. to Sponsor Inaugural Meeting of The Texas Labor and

Employee Relations Consortium on June 9th, 2011. Meeting Hosted by

CenterPoint

Yahoo! Business News – 05/12/11 18:24 –

Words matched: National Labor Relations Board, NLRB

The first-of-its-kind meeting of the Texas Labor & Employee Relations Consortium

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will be comprised of senior business and labor relations leaders from across Texas.

...management of their human capital. Martha Kinard, Regional Director of the

National Labor Relations Board Region 16 (Texas), will be the featured...

Boeing expects US labor complaint to end in court

Business News & Financial News - Reuters – 05/12/11 18:16 –

Words matched: National Labor Relations Board, NLRB

* Appeals court likely destination for NLRB case * Bill sought to ban similar charges

against companies By John Crawley and Kyle Peterson WASHINGTON/CHICAGO,

May 12 (Reuters) - Boeing Co (BA.

...labor complaint to end in court * Appeals court likely destination for NLRB case *

Bill sought to ban similar charges against companies By John...

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The viral ad campaign season of 2012 officially kicks off

Politics - Yahoo! News – 05/12/11 17:10 –

1 other source (Yahoo! News)

Words matched: NLRB

Meet Dan Adler. He is running for Congress in California. He has been in the

entertainment industry and even employs actor Sean Ashton (“Sam” in Lord of the

Rings and “Rudy,” in Self-Titled) as his campaign manager.

...killed bin Laden after all Republican senators drop legislative bomb on NLRB The

viral ad campaign season of 2012 officially kicks off Romney ...

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Republican senators drop legislative bomb on NLRB

Daily Caller – 05/12/11 16:29 –

Words matched: NLRB

In the wake of the National Labor Relation Board’s (NLRB) contentious decision to

prevent Boeing from opening a plant in South Carolina, three Republican senators

have introduced legislation to protect South Carolina’s right-to-work laws.

Republican senators drop legislative bomb on NLRB In the wake of the National

Labor Relation Board s (NLRB) contentious decision to prevent Boeing...

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Christie to reporters: Whether I believe in evolution is ‘none of your business’

Politics - Yahoo! News – 05/12/11 16:26 –

1 other source (Yahoo! News)

Words matched: NLRB

New Jersey Republican Gov. Chris Christie, who many Republicans hope will run for

president, won’t be backed into a corner. Christie was asked at a Thursday press

conference whether he believes in evolution.

...killed bin Laden after all Republican senators drop legislative bomb on NLRB The

viral ad campaign season of 2012 officially kicks off Romney ...

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Boeing Labor Fight Takes Over (Dungheap) Harkin Hearing

Free Republic – 05/12/11 15:49 –

Words matched: National Labor Relations Board, NLRB

Boeing Labor Fight Takes Over Harkin Hearing By Melanie Trottman May 12, 2011,

4:47 PM ET An effort by Senate Democrats Thursday to highlight the problems of the

middle class turned into a partisan debate over the merits of Boeing Co.

...non-union airplane factory a project now under attack by the National Labor

Relations Board. Chicago-based Boeing s general counsel, invited...

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Mike Huckabee weighs in on U.S. Senate primary in Florida

Politics - Yahoo! News – 05/12/11 15:47 –

1 other source (Yahoo! News)

Words matched: NLRB

Former Arkansas Gov. Mike Huckabee took sides in the Florida Republican U.S.

Senate primary Thursday by endorsing state Senate President Mike Haridopolos.

...killed bin Laden after all Republican senators drop legislative bomb on NLRB The

viral ad campaign season of 2012 officially kicks off Romney ...

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House will vote on measure honoring mission that killed bin Laden after all

Yahoo! News – 05/12/11 15:33 –

Words matched: NLRB

2 hrs 39 mins ago House Republican leaders confirmed last week that the chamber

would not vote on a resolution to honor the efforts that led to killing Osama bin

Laden, but New York Rep.

...killed bin Laden after all Republican senators drop legislative bomb on NLRB The

viral ad campaign season of 2012 officially kicks off Chris ...

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Boeing lawyer tells Senate committee NLRB suit could cost hundreds of

thousands of jobs

Newsvine – 05/12/11 15:07 –

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Words matched: NLRB

Applied across the economy, Luttig said, it means that many companies that have

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production lines in unionized states won't be able to build additional facilities in right-

to-work states.

Boeing lawyer tells Senate committee NLRB suit could cost hundreds of thousands

of jobs Applied across the economy, Luttig said, it means that ...

Meghan McCain fires back at Beck: ‘Thanks for spreading the word, Glenn’

Politics - Yahoo! News – 05/12/11 14:53 –

1 other source (Yahoo! News)

Words matched: NLRB

Daily Beast columnist Meghan McCain has responded to Fox’s Glenn Beck, who

slammed her for doing a half-naked public service announcement for skin cancer

prevention.

...killed bin Laden after all Republican senators drop legislative bomb on NLRB The

viral ad campaign season of 2012 officially kicks off Romney ...

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Judgment Day: Oil execs face angry Democrats

Yahoo! News – 05/12/11 14:44 –

1 other source (Politics - Yahoo! News)

Words matched: NLRB

Five executives from America’s leading oil companies were marched in front of the

Senate Finance Committee Thursday morning for a public scolding, and told to

defend industry tax breaks while Americans are being charged $4 for a gallon of gas.

...stories from The Daily Caller Republican senators drop legislative bomb on NLRB

The viral ad campaign season of 2012 officially kicks off Romney...

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Boehner says White House reacted with ‘panic and hysteria’ at demands for

spending cuts

Politics - Yahoo! News – 05/12/11 14:03 –

1 other source (Yahoo! News)

Words matched: NLRB

Just days after House Speaker John Boehner announced that Republicans would

only agree to raise the debt ceiling in return for spending cuts that total more than

amount of the ceiling hike, the Ohio Republican said his terms had “clearly…struck a

nerve” with the White House.

...killed bin Laden after all Republican senators drop legislative bomb on NLRB The

viral ad campaign season of 2012 officially kicks off Romney ...

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Washington Post chairman unaware of Obama-Common controversy until

shareholder asks, despite running story on it

Politics - Yahoo! News – 05/12/11 13:20 –

Words matched: NLRB

Washington Post Company chairman Donald Graham told shareholders Thursday

morning that he was unaware of the controversy surrounding the rapper known as

Common, whom Michelle Obama has invited to a poetry event, until Cliff Kincaid of

the watchdog group Accuracy in Media asked him about it.

...killed bin Laden after all Republican senators drop legislative bomb on NLRB The

viral ad campaign season of 2012 officially kicks off Romney ...

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Obama: ‘Keep on praying’ for immigration reform

Politics - Yahoo! News – 05/12/11 13:02 –

Words matched: NLRB

Today’s National Hispanic Prayer Breakfast was converted into a crass political rally

by President Barack Obama, who called on the clerics to mobilize their flocks for

congressional passage of national amnesty for illegal immigrants, even though it

could spur “raw feelings … and fear” of Hispanics a

...killed bin Laden after all Republican senators drop legislative bomb on NLRB The

viral ad campaign season of 2012 officially kicks off Romney ...

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Salahis stand by claim that Oprah complimented Michaele’s singing voice

Politics - Yahoo! News – 05/12/11 12:11 –

Words matched: NLRB

Oprah really did speak highly of White House crasher Michaele Salahi’s singing

voice, said Salahi’s spokesperson in response to reports that the television show

host never made this comment to the “Real Housewives of D.

...killed bin Laden after all Republican senators drop legislative bomb on NLRB The

viral ad campaign season of 2012 officially kicks off Romney ...

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NY-26 candidate Davis ‘hits’ a Republican volunteer

Politics - Yahoo! News – 05/12/11 11:08 –

Words matched: NLRB

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The Erie County Republican Party released a video Wednesday night that appears

to show Jack Davis, a candidate running for congress in the special election in

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western New York, hitting a man identified as a Republican volunteer.

...killed bin Laden after all Republican senators drop legislative bomb on NLRB The

viral ad campaign season of 2012 officially kicks off Romney ...

Congressman seeks to eliminate Election Assitance Commission

Politics - Yahoo! News – 05/12/11 09:06 –

Words matched: NLRB

With America facing a debt crisis, legislatures have gone spelunking for areas of

government to cut. Mississippi Republican Rep. Gregg Harper has surfaced with a

proposal to eliminate what Ronald Reagan once quipped was the nearest thing to

eternal life: a government agency.

...killed bin Laden after all Republican senators drop legislative bomb on NLRB The

viral ad campaign season of 2012 officially kicks off Romney ...

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NLRB's Boeing suit could send U.S. jobs overseas

Washington Examiner – 05/12/11 08:05 –

Words matched: National Labor Relations Board, NLRB

America has a 9 percent national unemployment rate. Americans' top concerns are

jobs, jobs and jobs. So it strains belief that the unconfirmed acting general counsel of

an obscure regulatory agency wants to stop Boeing Co.

NLRB's Boeing suit could send U.S. jobs overseas America has a 9 percent national

unemployment rate. Americans' top concerns are jobs, jobs and ...

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Illinois’s Freshman Republicans Don’t Always Vote G.O.P. Line

The New York Times – 05/12/11 01:45 –

Words matched: National Labor Relations Board

James Warren is a columnist for the Chicago News Cooperative. Joe Walsh has

voted pro-union three times. Robert Dold voted for Planned Parenthood. Adam

Kinzinger and Bobby Schilling wouldn’t cut Amtrak financing, and Randy Hultgren

spurned moves by property rights-loving Western conservatives to bl

He voted against eliminating the Legal Services Corporation and the National Labor

Relations Board. Still, the conservative tide is underscored ...

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TheDC interview: Sam Hamill, the left’s answer to the Common-White House

poet controversy

Politics - Yahoo! News – 05/12/11 01:28 –

Words matched: NLRB

Like some jack-up freestyle artist firing off one verse after another, the controversy

surrounding rapper Common’s invitation to join the White House’s poetry night

continues to flow along.

...killed bin Laden after all Republican senators drop legislative bomb on NLRB The

viral ad campaign season of 2012 officially kicks off Romney ...

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PREPARED REMARKS OF SENATE MAJORITY LEADER HARRY REID (D-NV)

ON THE FLOOR OF THE U.S. SENATE; SUBJECT: NATIONAL LABOR

RELATIONS BOARD (NLRB); LOCATION: SENATE CHAMBER, THE CAPITOL,

WASHINGTON, D.C.

LexisNexis – 05/11/11 21:35 –

Words matched: NATIONAL LABOR RELATIONS BOARD, National Labor

Relations Board, NLRB

PREPARED REMARKS OF SENATE MAJORITY LEADER HARRY REID (D-NV)

ON THE FLOOR OF THE U.S. SENATE SUBJECT: NATIONAL LABOR

RELATIONS BOARD (NLRB) LOCATION: SENATE CHAMBER, THE CAPITOL,

WASHINGTON, D.

...(D-NV) ON THE FLOOR OF THE U.S. SENATE; SUBJECT: NATIONAL LABOR

RELATIONS BOARD (NLRB ); LOCATION: SENATE CHAMBER, THE CAPITOL,

WASHINGTON , D.C .

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Meghan McCain strips for skin cancer PSA

Yahoo! News – 05/11/11 16:50 –

Words matched: NLRB

Arizona girl Meghan McCain got half-naked for a new Style Network skin cancer

prevention ad, which features several celebrities alongside the Daily Beast

columnist.

...killed bin Laden after all Republican senators drop legislative bomb on NLRB The

viral ad campaign season of 2012 officially kicks off Romney ...

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Unfair Labor Practices

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Labor board's action in Boeing case may curb efforts to lure jobs to TN

The Tennessean – 05/13/11 05:42 –

Words matched: unfair labor practices

NLRB officials want Boeing to move new plant and jobs from right-to-work state of

South Carolina back to Washington

...now because of allegations by a federal panel that Boeing engaged in unfair labor

practices by deciding to locate a plant in South Carolina ,

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Boeing fight gives Republicans weapon against labor board

The Seattle Times – 05/13/11 01:01 –

Words matched: unfair labor practices

Republican lawmakers are seizing on a National Labor Relations Board complaint

against Boeing as a chance to rein in an agency they say...

...three seats on the five-member board, which investigates allegations of unfair

labor practices. The critics cited the board's suit this month...

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Boeing expects US labor complaint to end in court

Business News & Financial News - Reuters – 05/12/11 18:16 –

Words matched: unfair labor practices

* Appeals court likely destination for NLRB case * Bill sought to ban similar charges

against companies By John Crawley and Kyle Peterson WASHINGTON/CHICAGO,

May 12 (Reuters) - Boeing Co (BA.

...other commercial airliners. The NLRB complaint alleged Boeing engaged in unfair

labor practices by moving the follow-on 787 work to discourage ...

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PREPARED REMARKS OF SENATE MAJORITY LEADER HARRY REID (D-NV)

ON THE FLOOR OF THE U.S. SENATE; SUBJECT: NATIONAL LABOR

RELATIONS BOARD (NLRB); LOCATION: SENATE CHAMBER, THE CAPITOL,

WASHINGTON, D.C.

LexisNexis – 05/11/11 21:35 –

Words matched: unfair labor practices

PREPARED REMARKS OF SENATE MAJORITY LEADER HARRY REID (D-NV)

ON THE FLOOR OF THE U.S. SENATE SUBJECT: NATIONAL LABOR

RELATIONS BOARD (NLRB) LOCATION: SENATE CHAMBER, THE CAPITOL,

WASHINGTON, D.

...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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Microsoft Outlook

From:

Sent:

To:

Subject:

Liebman, W ilma B.

Friday, May 13, 2011 10:26 AM

Cleeland, Nancy; W agner, Anthony R.; Colwell, John F.; Solomon, Lafe E.

European workplace blog

United States: rebirth for the National Labor

Relations Board

The National Labor Relations Board (NLRB), which arbitrates conflicts between unions and businesses, is more

and more active. Legal expert Lafe Solomon recently filed a complaint in U.S. District Court in Phoenix against

a recently passed amendment in Arizona aiming to limit union activities in businesses. (Ref. 110325)

The amendment passed in Arizona recognizes only secret ballot elections as the means for representation

elections and prohibits a process known as “card check” with which a majority of employees simply need to

sign a petition to introduce a union in the company. Unions like this process because it is easier. Three other

States which voted similar restrictions – South Carolina, South Dakota and Utah – are in the NLRB’s line of

sight. Lafe Solomon said he would take care of these later, saying that these amendments violate Federal Labor

Law.

A few weeks earlier, the legal advisor attacked Boeing which he says “illegally” moved the production of 787

Dreamliners from Washington state to south Carolina to avoid repeated strike action (see our dispatch No.

110281). Yet, the right to strike is also guaranteed in the 1935 National Labor Relations Act.

NLRB lawyers are definitely increasingly present, surprising employers. “no company will be safe from the

NLRB stepping in to second-guess its business decisions on where to expand or whom to hire” declared Joe

Trauger, a vice president with the National Association of Manufacturers (NAM). It is true that the agency was

much less active during the Bush administration. Indeed, the former President left 3 vacant seats (out of 5) on

the NLRB’s board, which almost completely paralyzed it.

Barack Obama nominated two lawyers, Craig Becker and Mark Pearce, more attentive to unions’ claims. He

also appointed Wilma Liebman as the chairman (see our dispatch No. 110106 for her interview) and Lafe

Solomon as general legal advisor. For the public, he is the one who embodies this rebirth, because he is able to

file complaints with ordinary courts for the most serious offenses (since the NLRB is an administrative court.

This claim “represents a radical departure from both NLRB and Supreme Court precedent," Michael Luttig,

Boeing's general counsel, said in a statement. However, Lafe Solomon, civil servant with the agency for 39

years, also has followers. “He isn’t a radical, he’s simply enforcing the law” said assure Kate Bronfenbrenner,

Director of Labor Education Research, Cornell University. She added, “I studied 1,000 past NLRB rulings.

Those passed at the time of the Bush administration were extreme, they didn’t comply with the facts or the spirit

of the law.” Lawyers that appreciate the NLRB’s revived activity are hoping that it won’t stop. Thus, student

teachers’ right to unionize could come back to the front of the stage, as well as the possibility to hand out flyers

in the plants’ parking lots. These two initiatives had always been prohibited under the Bush administration.

Planet Labor, May 13, 2011, No. 110325 – www.planetlabor.com

If you have any questions or comments on this dispatch, you can reach the editorial staff by calling +33 (0) 1

53 34 68 83 or by sending an email to planetlabor@planetlabor.com
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In case you prefer the French version:

Etats-Unis : le National Labor Relations Board en

pleine renaissance

L'agence fédérale américaine NLRB (National Labor Relations Board), qui arbitre les conflits entre syndicats et

entreprises, est de plus en plus active. Son conseiller juridique général Lafe Solomon vient de porter plainte

devant la cour du district de Phoenix contre un amendement, voté par les élus de l'État de l'Arizona, visant à

limiter les activités syndicales dans les entreprises. (Réf. 110325)

L'amendement de l'Arizona impoe le vote bulletins secrets et interdit le processus des « card check », selon

lequel il suffit de faire signer une pétition par une majorité d'employés pour introduire le syndicat dans

l'entreprise. Un processus apprécié par les syndicats, car il est plus facile. Trois autres États, dans lesquels ont

été votées les mêmes types de restrictions sont dans la ligne de mire : Caroline du Sud, Dakota du Sud et Utah.

Lafe Solomon promet de s'en occuper plus tard, car selon lui, ces amendements sont contraires a la loi fédérale

sur le travail.

Quelques semaines plus tôt, le conseiller juridique s'en était pris au groupe Boeing qui, affirme-t-il, a

« illégalement » déménagé la production des 787 Dreamliner de l'État de Washington vers la Caroline du Sud

pour éviter les grèves a répétition (v. dépêche n°110281). Or, le droit de grève est lui aussi garanti par la loi de

1935 règlementant les relations du travail.

Les juristes du NLRB se font décidément de plus en plus entendre. A la grande surprise du patronat. « Aucune

compagnie ne sera protégée contre l'intervention de l'agence NLRB remettant en cause ses décisions

économiques et notamment les meilleurs endroits ou se développer », dit-on, à la National Association of

Manufacturers. L'agence, il est vrai, était beaucoup plus discrète du temps du président républicain George

Bush. L'ancien président avait en effet laissé vacant 3 des 5 sièges du conseil d'administration de NLRB, ce qui

l'avait quasiment paralysé.

Le démocrate Barack Obama lui nomme deux avocats Craig Becker et Mark Pearce, plus sensibles aux

demandes des syndicats. Et il a promu Wilma Liebman, présidente (v. dépêche n°110106 pour une interview de

Mme Liebman) et Lafe Solomon, conseiller juridique général. C’est à ce dernier, qui est une sorte de procureur

capable de saisir les juridictions ordinaires dans les cas les plus graves (le NLRB étant une juridiction

administrative) qui incarne, aux yeux du public, ce renouveau. « Il y a un changement radical par rapport aux

décisions de l'agence NLRB précédente et de la Cour suprême » avait déclaré l'expert juridique de Boeing

Michael Luttig. Mais Lafe Solomon, fonctionnaire depuis 39 ans de l'agence a aussi ses défenseurs. « Ce n'est

pas un extrémiste, il ne fait qu'appliquer la loi, assure Kate Bronfenbrenner, Professeur à l'École des relations du

travail à l'université Cornell. Et de poursuivre : « J'ai étudié 1000 décisions passées du NLRB. Ce sont celles de

l'époque Bush qui étaient extrêmes, elles ne suivaient ni les faits, ni l'esprit de la loi ». Les juristes qui

apprécient le regain d'activités du NLRB espèrent que l'agence n'en restera pas là. Le droit des étudiants

professeurs à se syndiquer pourrait ainsi revenir au premier plan, tout comme la possibilité de distribuer des

tracts dans les parkings des usines. Deux initiatives jusqu'à présent interdites par l'administration Bush.

Planet Labor, 13 mai 2011, nº 110325 – www.planetlabor.com

Si vous avez des questions ou des commentaires sur cette dépêche, vous pouvez joindre la rédaction au +33 (0)

1 53 34 68 83 ou en envoyant un mail à planetlabor@planetlabor.com
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Microsoft Outlook

From:

Sent:

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Subject:

Attachments:

afternoonreport@meltwaternews.com

Friday, May 13, 2011 4:04 PM

Solomon, Lafe E.

22 articles from Meltwater News

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