Thursday, March 06, 2008

Why the NLRB Should Be Abolished

In case you doubt that being a union lawyer has been an almost totally futile exercise during the Bush administration, I thought I would share this story with you. An employee is talking to her co-workers during their lunch break in the hospital cafeteria about her support for the union. A manager tells her to leave, as she cannot be on the hospital premises on her day off. The worker refuses to leave, and security is called. The security officer arrives with a German Shepherd by his side and orders her to leave. The union filed a charge against the Employer for threatening, intimidating and harassing the worker for engaging in union activities. The NLRB dismisses the charge:
The Region has authorized dismissal, absent withdrawal on this allegation. The investigation failed to reveal that the guard made any threats (or statements for that matter) to the employee. There is no evidence that the dog made any motion or threatening gesture toward the employee. Finally, there is no evidence supporting a Section 8(a)(3) violation.
That's the way it works these days. The only advice we can give is, next time, put your hand in the dog's mouth so it bites you. Now excuse me, I need to return to banging my head on the table, since this brief respite to blog has permitted the blood on my forehead to clot.

No comments: