Lawfare: Boeing, NLRB, and cardcheck

Donny Baseball describes the tactics at SayAnything:

“The actual remedy that the NLRB’s legal action seeks is to demand that Boeing scrap its plans in South Carolina and build a new facility in Washington state. The NLRB’s legal claim is dubious, but an ultimate remedy is years of legal wrangling off for Boeing if they fight this all the way through the legal system. Thus there is enormous business pressure on Boeing to settle. … The NLRB will let it all drop, and let Boeing build planes at its $1 billion facility in South Carolina, if they submit to “card check” unionization at the Charleston facility.

Democrats couldn’t get card check through their House and Senate majorities an onto Obama’s desk, but they’ve figured out strategy to try and get the ability to impose it selectively. This NLRB gambit against Boeing is an attempt to impose through bullying and intimidation what they were unable to pass via legislation.

There are only three ways out of this: 1) Boeing’s Board of Directors hangs tough, refuses to settle, and fights this in the courts as far as it will go; 2) Obama loses in 2012 and a President Romney or President Perry undoes the current NLRB makeup, and; 3) an individual lawsuit brought by the National Right to Work Foundation Legal Defense Foundation on behalf of Boeing’s South Carolina’s workers succeeds. “

‘Card check’ (wikipedia) is one of those things that sounds innocuous in its definition. The opposition to it is that it clearly defines who is pushing unionization of a workplace and who is not. The ‘who is not’ list has been used as a target list for pro-union activity, sometimes to an extreme that is questionable.

Boeing has sunk a large amount of capital into its South Carolina facility. That is being used as a lever for the threat of a legal quagmire to bypass the legislative process on union promotion. It is Lawfare in action.

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