Biden’s National Labor Relations Board Proposed Rule Would Re-Impose Onerous Restrictions on Workers

Biden’s National Labor Relations Board (NLRB)  is attempting to re-impose onerous restrictions on workers by overturning the Election Protection Rule.

The Election Protection Rule is a 2020 provision that helps protect rank-and-file workers’ statutory right to hold votes to remove unwanted union officials.

According to NLRB,  at the time the provision was passed, “The Board believes that these amendments better protect employees’ statutory right of free choice on questions concerning representation. The amendments, proposed by the Board on August 12, 2019 and as modified in the final rule, include:”

Blocking Charge Policy: The amendment replaces the current blocking charge policy with either a vote-and-count or a vote-and-impound procedure. Elections would no longer be blocked by pending unfair labor practice charges, but the ballots would be either counted or impounded—depending on the nature of the charges—until the charges are resolved. Regardless of the nature of the charge, the certification of results (including, where appropriate, a certification of representative) shall not issue until there is a final disposition of the charge and its effect, if any, on the election petition. Voluntary Recognition Bar: The amendment returns to the rule of Dana Corp., 351 NLRB 434 (2007). For voluntary recognition under Section 9(a) of the Act to bar a subsequent representation petition—and for a post-recognition collective-bargaining agreement to have contract-bar effect—unit employees must receive notice that voluntary recognition has been granted and are given a 45-day open period within which to file an election petition. The amendment applies to a voluntary recognition on or after the effective date of the rule. Section 9(a) Recognition in the Construction Industry: The amendment states that in the construction industry, where bargaining relationships established under Section 8(f) cannot bar petitions for a Board election, proof of a Section 9(a) relationship will require positive evidence of majority employee support and cannot be based on contract language alone, overruling Staunton Fuel, 335 NLRB 717 (2001). The amendment applies to anemployer’s voluntary recognition extended on or after the effective date of the rule, and to any collective-bargaining agreement entered into on or after the effective date of voluntary recognition extended on or after the effective date of the rule.

But in November, Biden’s NLRB announced it was initiating rulemaking to rescind the rule.

The National Right to Work Foundation responded to the proposed change:

The Foundation’s comments explain that, if the Election Protection Rule is tossed, union officials will again be able to exploit often-unproven allegations of employer behavior to cancel employee-requested union decertification votes. Prior to the 2020 reforms, union officials could often stall a decertification vote for months or even years by filing so-called “blocking charges.”

The 2020 Election Protection Rule overturned the “blocking charge” policy, so workers now are allowed in most cases to cast ballots in a decertification vote before the NLRB deals with any allegations surrounding the election. If the Rule is jettisoned, workers would be blocked from even voting, let alone having their votes counted, any time union officials conjure up claims of workplace malfeasance.

“The bottom line is this: the former blocking charge policy incentivized [union officials] to file meritless or even frivolous unfair labor practice charges because they know the election will be delayed,” the comments say.

Foundation staff attorneys have provided legal assistance to many workers faced with “blocking charges.” Notably, the Foundation assisted a group of Alaskan bus drivers who were freed in December 2019 from an unpopular Teamsters union after three years of attempts to remove it. One employee in that situation commented to the NLRB shortly before the adoption of the Election Protection Rule that the NLRB’s continued blocking of the election based on the Teamsters’ unfair labor practice charges was “the most unfair and anti-democratic event” with which he had ever been involved.

Abuse-Prone “Card Check” Drives Likely to Become Irrebuttable

The Biden NLRB’s slated elimination of the Election Protection Rule will also block workers from filing for secret-ballot decertification elections to challenge so-called “card check” drives. A “card check” is a process in which union officials claim majority support among employees in a workplace based solely on authorization cards signed by employees and submitted by union officials, bypassing the election process entirely. The cards’ indication of true majority status is dubious as union agents may collect them directly from workers and often use threatening or intimidating tactics to do so.

The Election Protection Rule added a check to the misnamed “voluntary recognition bar,” a non-statutory policy that blocked workers from filing for a secret-ballot decertification election for a year after a union was installed via “card check.” The Election Protection Rule instead provided workers the ability to challenge a “card check” by petitioning for a secret-ballot vote, a theory first espoused in the Foundation-won 2007 Dana Corp. NLRB decision. If the Election Protection Rule is scrapped, the “voluntary recognition bar” would return.

Barring worker-submitted union decertification petitions “only shields what may well be a minority union from challenge” and “destroys employees’ [statutory] rights,” the comments assert.

The National Right to Work Legal Defense Foundation, established in 1968, is a nonprofit, charitable organization. Its mission is to eliminate coercive union power and compulsory unionism abuses through strategic litigation, public information, and education programs.

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Catholic School Suspends Teen For Correctly Stating God Created Two Genders And Protesting Against Transgender Students Using Girls’ Bathrooms (VIDEO)

In Western societies today, telling the truth regarding human biology can have detrimental consequences. A so-called Catholic School suspended a conservative Canadian teenager named Josh Alexander for the remainder of the school year because he refused to abandon his correct beliefs on gender and for standing up for girls uncomfortable with biological males in their restrooms.

No one should be surprised this happened in Canada, either. The country is led by a globalist authoritarian who has declared war on both people of faith and conservatives.

Alexander, 16, was first suspended back in November by St. Joseph’s Catholic High School in Renfrew, Ontario after organizing a demonstration against transgender students using girls’ restrooms. He said he launched the protest because two girls expressed their discomfort to him over biological males in their washrooms.

VIDEO:

Alexander made clear to school officials he had no intention of starting conflicts with transgender students but simply wanted the freedom to express his views. The school, however, rendered their final judgment that Alexander’s mere attendance on school campus would damage the “well-being” of transgender students.

The school refused to consider the well-being of female students forced to share bathrooms with boys.

Here is the story from The Epoch Times:

Josh Alexander, 16, is not allowed to attend school for the rest of the year after saying he would continue to express his belief that God created only two genders. The school told him his presence would be “detrimental to the physical and mental well-being” of transgender students, Alexander told The Epoch Times.

He told St. Joseph’s Catholic High School in Renfrew, Ontario, he would not intentionally engage or start conflicts with transgender students, but he would continue to express his belief. He and his lawyer are bringing this matter to an Ontario human rights tribunal, calling it religious discrimination.

“Offence is obviously defined by the offended. I expressed my religious beliefs in class and it spiraled out of control,” Alexander said. “Not everybody’s going to like that. That doesn’t make me a bully. It doesn’t mean I’m harassing anybody. They express their beliefs and I express mine. Mine obviously don’t fit the narrative.”

He hasn’t attended school since November, when he was first suspended. He had organized a protest against transgender students using the girls’ washrooms. Alexander said he launched the demonstration after two girls at his school confided in him that they were uncomfortable sharing bathrooms with biological males.

He had also said in class discussions that there are only two, immutable genders.

When his suspension was lifted the beginning of January, he was instead “excluded” by the principal, which has the same effect as suspension but is considered non-disciplinary. He was told this week that he will be excluded for the rest of the school year, and he’s not sure if that will end up extending into the next school year as well.

Alexander’s lawyer, James Kitchen, told The Epoch Times the school has characterized Alexander’s actions as “bullying.”

“Obviously, he doesn’t actually bully them as that term would be defined by … reasonable people. He’s not going to seek them out and call them names and make fun of them,” Kitchen said. “But he does express his views about what these people say and about what they believe and about what they’re doing. And he expresses them online, and he expresses them in the class.”

In addition to taking this matter to a provincial human rights tribunal—Kitchen said they will file that complaint this month—Alexander has moved to appeal his original suspension. That would bring the suspension before a school board panel to decide if it was warranted.

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