Now that all of Big Labor’s dreams are no longer neatly packaged in one piece of legislation (the Employee Free Choice Act), it will be a bit harder to keep our eye on the wily Obama administration as the Democrats do their best to placate their deep-pocket labor friends. They will have opportunity to use both legislative and regulatory means to achieve at least some of their objectives. This recent Bloomberg Law Report reinforces that point, addressing the likelihood that such tactics as ramped-up injunctive relief for ULP’s, civil penalties, Gissel bargaining orders, and first contract remedies are all possibilities. Denying Craig Becker a seat on the NLRB does not solve the problem of an aggressive “Big Labor” agenda for the board. Current board chair Wilma Liebman’s recent comments made it clear that no matter who the eventual appointees are, the board will be tilted in favor of unions. Keep your powder dry!
