My Dear Max,
RE
> Now now, Eric. My question was much
> more focused than that. You said Gore would
provide more
> space for progressive
> movements. I asked *how* 8 yrs of
> Clinton has done so.
Gore would provide a better atmosphere than Bush.
Nader would provide a better atmosphere than Gore.
I would provide a better atmosphere than Nader :>)
I will overreact--sensitive sort that I am--to
your chiding me for using cliches, by citing the
following recent decision by the NLRB:
-------
Bridgestone/Firestone, Inc. (21-CA-31471, 31592;
332 NLRB No. 56) San Diego, CA Sept. 29, 2000.
Chairman Truesdale and Member Fox agreed with the
administrative law judge that the decertification
petitions relied on by the Respondent in
withdrawing recognition from Teamsters Local 481
in two separate bargaining units were tainted by
the Respondent's unfair labor practices, rejecting
the position of the Respondent and their
dissenting colleague that certain of the alleged
unfair labor practices found by the judge are
time-barred by Section 10(b). Citing Ross Stores,
329 NLRB No. 59, slip op. at 1-3 (1999), they
explained: "[A]s all of the conduct alleged in the
amended complaint occurred within a period of
several months and was essentially alleged to be
part of an overall plan for the Respondent to rid
itself of the Union, the conduct satisfies the
tests of relatedness with respect to legal theory,
factual circumstances, and the Respondent's
defenses." [HTML] [PDF]
The majority, citing Caterair International, 322
NLRB 64 (1996), agreed with the judge that an
affirmative bargaining order with its temporary
decertification bar is appropriate. It found that
a bargaining order vindicates the Section 7 rights
of employees who were denied the benefits of
collective bargaining by the Employer's withdrawal
of recognition without unduly prejudicing the
rights of employees who oppose continued
representation because the duration of the order
is no longer than is reasonably necessary to
remedy the ill effects of the election. The
majority noted that in addition to withdrawing
recognition, the Respondent also failed to furnish
information requested by the Union; promised
better benefits to employees if they rejected the
Union; dealt directly with employees by requiring
them to sign forms to release their home addresses
to the Union; and solicited employees to initiate
and sign decertification petitions. The
affirmative bargaining order serves the policies
of the Act, the majority said. It noted that a
cease-and-desist order, without a temporary
decertification bar, would be inadequate.
------------
This is the sort of thing that the Reagan NLRB
(and an elder Bush and Dole administration NLRB)
might not have decided although the activities
cited above are clear violations of the NLRA.
Eric
.
