Graham NLRB Amendments Fail in Senate Appropriations Committee

June 18, 2012

WASHINGTON, DC – June 18, 2012 – U.S. Senator Lindsey Graham’s(R-South Carolina) three amendments to protect American businesses fromthe National Labor Relations Board’s (NLRB) job-killing tactics failedtoday in the Senate Appropriations Committee.
 
“The NLRB is the Grim Reaper of job creation and the most out-of-control agency in Washington,” said Graham.
 
The Graham Amendments include:
 
NLRB Micro-Union (Failed 15-15): The NLRB decision in SpecialtyHealthcare and Rehabilitation Center of Mobile 357 allows unions togerrymander the size of a bargaining unit.  Even if a majority ofworkers opposed the formation of a union, the NLRB decision allowsunions to be formed by allowing the workforce to be subdivided intoincreasingly smaller groups.  Micro-unions have made managing theworkforce increasingly more difficult and the Graham Amendment wouldprohibit the NLRB from using its funds to enforce this rule.
 
“The NLRB rule allowing micro-unions is a radical change from pastpractices and will be devastating to American job creation,” saidGraham.  “The private sector is not doing fine and if the micro-unionconcept spreads it will be even more difficult to create jobs.  We mayhave lost today in committee, but I think we will win on this amendmentwhen the full Senate votes.”
 
NLRB Ambush Election (Failed 13-17): This NLRB decision shortens thetimeframe for a union election to as little as ten days.  Over 95percent of all union elections occur within 56 days and the currentmedian is 38 days.  By rushing an election, the NLRB is deliberatelystacking the deck against employers and denying them time to adequatelydefend themselves against union propaganda.  The Graham Amendment wouldprohibit the NLRB from using funds on ambush elections.
 
NLRB Secret Ballot (Failed 14-16): In 2011, South Carolina was one offour states the NLRB threatened to sue after the state passed a lawprohibiting unions from using the card-check process to unionize.  Card-check is ripe for abuse and intimidation of employees who mayoppose unionization and would vote against it in a secret ballotelection.  This amendment would ensure the NLRB cannot block secretballot elections. The House of Representatives has already passed thelanguage in the Graham Amendment to protect secret ballot voting.
 
“The NLRB seems hell-bent on interjecting themselves into private sectorbusiness decisions for purely political reasons,” said Graham.  “Lastyear, the NLRB attempted to intervene in a legitimate business decisionby Boeing to expand aircraft manufacturing into South Carolina. Theirdecision did great damage to job creation efforts and they seem intenton continuing this destructive behavior.  On issue after issue the NLRBis destroying jobs and making the United States uncompetitive in theinternational marketplace.”