Tags: Obama | union | Labor | Vote

Lawyer: Obama Uses Regulations to Overriding Congress’ Labor Vote

Wednesday, 03 Aug 2011 03:07 PM

A bipartisan Senate vote to kill the Employee Free Choice Act, legislation that would have eliminated secret ballots in union elections, is becoming reality thanks to the heavy hands of President Barack Obama, a labor lawyer says.

Unions were in support of the measure, which also would have increased penalties on employers (but not unions) for violating the National Labor Relations Act.

Those who believed the bill was gone are now realizing that was naïve, says Mark Carter, the traditional labor practice group chair of the Dinsmore & Shohl law firm.

"Where the current administration has failed to persuade Congress to adopt its legislative agenda, time and again, it has waived its regulatory wand and enacted the failed 'legislation' as 'regulation,'" Carter writes in a Charleston Daily Mail commentary.

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President Barack Obama
(Getty Images photo)
New regulations put forth by the Obama administration circumvent the decision taken by the Senate that give employees the right to cast votes in secret, including expanded use of mail and Internet ballots.

"Since the rejection of the Employee Free Choice Act, the administration, largely through the National Labor Relations Board, has brought the legislation the Congress killed back to life."

Business leaders are worried over the National Labor Relations Board's proposal to use administrative procedures to carry out provisions similar to those rejected in the Employee Free Choice Act.

"This is nothing but backdoor card check, the same as we’ve been warning about for more than a year,” National Retail Federation President and CEO Matthew Shay says in a statement.

"Unions weren’t able to get the Employee Free Choice Act through Congress, so they’re using administrative procedures at the NLRB to turn as much of the bill into law as possible."

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A bipartisan Senate vote to kill the Employee Free Choice Act, legislation that would have eliminated secret ballots in union elections, is becoming reality thanks to the heavy hands of President Barack Obama, a labor lawyer says. Unions were in support of the measure,...
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