National Clothesline

I recently heard a speech by a prominent correspondent who had worked for both Republican and Democratic presidents.

He said that the problems facing the nation were more daunting than he had ever seen. He also said that the current government, in his opinion, was the least capable government he had seen in 40 years to solve those problems. It was very sobering.

The current administration, however, is finding time to stack the courts and federal agencies with appointees favorable to its constituents — unions and trial lawyers.

Today, there was an article in a legal publication I read every day about Craig Becker, President Obama's recess appointment to the National Labor Relations Board. Becker, who was the general counsel to the Service Employees International Union, signed a statement that he would recuse himself from all cases involving his former employer.

Apparently, this pledge did not apply to locals of the SEIU. Thus, a very controversial appointee to the agency that administers the federal government's labor laws will be deciding cases involving locals of the International Union he used to represent. Incredible.

Fortunately, it appears that Congress does not have the votes to tackle the controversial card check bill, known as the Employee Free Choice Act. Nevertheless, Mr. Becker has gone on record saying that the NLRB can accomplish many of the things in the Employee Free Choice Act through decisions and regulations. It is scary to think that three members of the NLRB can accomplish changes that Congress cannot enact through legislation.

Also on the labor union front, the University of California at Berkeley has issued a report urging unions to transform their culture to take into account the needs of young, female workers.

The report states that women are more concerned with child care, paid family leave, maternity benefits, and elder care then male union workers have been traditionally.

In addition, the report recommends using social media in union campaigns. In other words, the report recommends that unions use web-based social media such as Facebook to organize non-union workers.

It has been clear for some time that unions either need to change their tactics or change federal labor law. Given the likelihood that the Employee Free Choice Act will never pass, we may see a change in union organizing tactics. The AFL-CIO recently announced that it had formed a national advisory committee to reach workers under the age of 35.

The Administration's Department of Labor also seems to be on the warpath against employers. Fines are being increased, and inspections are on the rise.

I recently handled a case where a large employer received a fine because the safety officer, not a formally-ordained corporate officer in OSHA's opinion, signed the annual injury and illness logs required by the Occupational Safety and Health Act.

It is my understanding that the attorneys representing the Department of Labor have been told to be more aggressive in prosecuting employers, and not to settle cases unless OSHA gets most of what it wants in the settlement.

On a lighter note, a Roman Catholic seminarian has sued his church for overtime compensation. The full United States Court of Appeals for the Ninth Circuit has agreed to hear the case to determine whether the seminarian is covered by the “ministerial exception” to overtime claims. Apparently, the seminarian does not mind serving God, as long as he gets paid overtime after 40 hours.