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Friday, July 15, 2011

postheadericon Has anyone heard of due process?

The National Labor Relations Board (NLRB) recently filed a complaint against the Boeing Corporation based on evidence that Boeing moved work away from Washington State as punishment for the employees having exercised their legally protected right to strike. Politicians who either don’t know the law or don’t care about it have condemned the NLRB, including Mitt Romney and his fellow Republican candidates for President. They want to rile up the business community by painting the decision as the President’s, even though it was made by a career government employee on behalf of an independent agency outside the President’s control.

Various senators and congressmen are now trying to influence the Labor Board’s ultimate decision, which is not a policy decision but an adjudication. The law and policy were provided by Congress in 1935 when the National Labor Relations Act was passed by Congress and signed by Franklin Roosevelt. The NLRB’s only responsibili! ty is to apply the law to the facts of this case, an undertaking that should be free from political influence or intimidation. And yet a growing number of legislators are threatening to slash the NLRB’s budget and punish its General Counsel if the case proceeds in the manner proscribed by statute.

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