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February 14, 2008
The Hard[ly] Working NLRB
The National Labor Relations Board has announced that
the Labor Board’s election processes have been modified to incorporate the display of an American flag at all Agency-conducted representational elections. This new element of the election process is based on the belief that the display of an American flag will impress upon all the participants to elections -- employers, unions, and most importantly voters -- the solemnity and importance of the Agency’s election process. General Counsel Meisburg noted that some of these voters, including new immigrants to our country, may be participating in free and fair elections for the first time. At the conclusion of what may be a contentious period of electioneering prior to balloting, these voters, like all participants and observers, should be reminded that the Agency’s impartial election processes are guaranteed by the full force of the Federal Government. Field personnel conducting Agency elections will supply the flag and be trained in flag etiquette. The display of the American flag will in no way delay or otherwise impede the election process.
Brilliant. Nice to see that our two-member dysfunctional Board is accomplishing something useful. I suppose loyalty oaths will be next. What an embarrassment!
rb
*[From JH]
I wanted to add a couple of comments to Rick's post. The practical effects of this decision have been disturbing to many regional employees. The NLRBU--never shy about taking an opportunity to go after the General Counsel recently--sent out a press release lambasting the order. Moreover, this requirement, no matter how well-meaning, can cause real problems. Many NLRB elections are very small affairs. Often only one or two NLRB officials conduct an election and adding a flag large enough for its own case (which is what the order involves) can create a real burden. Indeed, the elections are often in very small rooms, so there's a question in many instances whether it's even possible to display the flag properly (I'm not even going to think about the folding procedure). I've also heard that the proposed flag allocation will be well short of what is needed. This shortage brings up another objection, which is a question about spending money on flags when many regions cannot hire people that they need.
My sense is that the GC's priorities is what's really galling to many employees. Rather than addressing significant issues regarding the NLRA's enforcement, he's literally resorting to waving the flag.
A final not-so-fun thought: new flag-based election objections.
-JH
February 14, 2008 in Labor Law | Permalink
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Comments
Hopefully the flags will be made in the United States, unlike the printing of BNA's Developing Labor Law bound treatise...in Canada.
This idea came from the GC side, not the Board, although the Board had to approve or not object to it.
Posted by: JR | Feb 15, 2008 9:58:12 AM
Leaving the substantive absurdity to one side (we all know that the first thing folks do at the end of an election is to question their country), I think there is almost zero chance this will actually implemented. As a fairly recent GC-side regional employee, I can attest that Regions have enough difficulty getting functional election supplies in a timely manner. It is almost funny how long it can take to get blue and white notices of election and masking tape, for example. As for the flag based objections (if the flags ever arrive), they would doubtless be filed, and I wish I could be the hearing officer writing on whether the non-display of the flag destroyed the laboratory conditions of the election.
Posted by: Michael Duff | Feb 15, 2008 12:43:35 PM
Here's a win-win; no cost, no physical burden to the staff and it harmonizes with the Board's commitment to technology:
http://www.youtube.com/watch?v=d1NR2K-gazo
Posted by: JR | Feb 15, 2008 3:04:00 PM




