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2011 nlrb-3rd-11082011

2011 nlrb-3rd-11082011

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From:  Martin, Andrew  
Sent:  Thursday, May 12, 2011 8:35  
To:  Abruzzo, Jennifer; Ahearn, Richard L.; Ananthanayagam, Shanti; Arlook, Martin M.;  
Baniszewski, Joseph; Barker, Joseph; Becker, Craig; Blyer, Alvin P.; Bonett Jr., Edward J.;  
Boren, Dennis R.; Burton, Spence; Carlton, Peter J.; Chester, Robert W.; Christman Jr.,  
Thomas J.; Cleeland, Nancy; Colwell, John F.; Cowen, William B.; Dreeben, Linda J.; Eddins- 
Hill, Rosalind Elaine; Englehart, Bob; Farrell, Ellen; Fedorova, Ioulia; Ferguson, John H.; Fies- 
Keller, Cara L.; Figueroa, Marta; Flynn, Terence F.; Franklin, Kirk; Garza, Jose; Glasser,  
Stephen M.; Gold, Wayne R.; Goldstein, Dawn; Gottschalk, Irving E.; Graham, David; Grant,  
Regina; Griffin, Jill; Guest, Matt; Habenstreit, David; Hankins, Raymond; Hayes, Brian;  
Heinzmann, Kym; HELTZER, LES (Hdqs); Hirozawa, Kent; Hollo, Elana R.; Hooks, Ronald K.;  
Howard, Deidran; Hoyte, Joan E.; Jacob, Fred B.; James, Kathleen; Jones, Harry; Joseph,  
Gloria; Kane, Robert F.; Karsh, Aaron; Katz, Judy; Kearney, Barry J.; Kelly, David A.;  
Kilpatrick, Elizabeth; Kinard, Martha E.; Krafts, Andrew J.; Lee, Sydney A.; Lennie, Rachel G.;  
Levin, Nelson; Levitan, Daniel; Ley, Rhonda; Lieber, Margery E.; Liebman, Wilma B.; Lightner, Michael; Lineback, Rik D.; Martin, David P.; Mattina, Celeste J.; McDermott, James J.;  
McKinney, Kathleen; Mills, Jacqueline; Moore-Duncan, Dorothy L.; Moran, Gail R.; Morgan,  
Terry A.; Murphy, James R.; Ohr, Peter S.; Osthus, Marlin O.; Overstreet, Cornele; Pearce,  
Mark G.; Purcell, Anne G.; Reynolds, Vanita S.; Rivchin, Julie Y.; Robinson, Miles  
Rosenberg, Joshua; Saunders, Josh Schiff, Robert; Shapiro, Ken; Siegel, Richard A.;  
Simms, Abby; Smith, Barry F.; Solomon, Lafe E.; Sophir, Jayme; Spector, Jennifer R.; Tellem,  
Elbert F.; Tendrich, Robert; Thompson, Scott C.; Tuli, Manisha E.; Wagner, Anthony R.;  
Williams, Harold; Yaffe, Deborah; Zick, Lara  
Subject:  Legal News FYI  

NLRB Memo Finds Unfair Labor Practice Firing Reporter for Offensive Twitter Posts newspaper publisher did not violate the National Labor Relations Act when fired reporter for writing inappropriate and offensive postings work-related Twitter account, the National Labor Relations Board Division Advice concluded. 

Citing NLRB
airman's View Relocations, Solomon Considers Union Information Righ National Labor Relations Board Acting General Counsel Lafe E.Solomon considering whether propose new legal standard covering union information requests when employer deciding whether relocate plant, according memorandum. 

APWU Members Vote Ratify Contract; Will Raise Wages 3.5 Percent Over Term 
The American Postal Workers Union May announced that union members had ratified vote 69,451 22,351 four-and-one-half-year contract that calls for increasing bargaining unit members' wages 3.. percent over term along Education Union Assesses Members Fee Fund Drive Repeal Righ
ts-Revoking Law 
CINCINNATIThe Ohio Education Association (OEA) building $5. million fund for campaign repeal S.5, the law quashing public employees' collective bargaining rights, collecting $54 from
B.every active member. 

New Hampsh
ire Governor Vetoes State Righ
t-to-Work Legislation 
BOSTONNew Hampshire Gov.John Lynch (D) May vetoed right-to-work bill (H.474) that had
B.been overwhelmingly approved earlier this year the House and Senate. 

Backus nurses union 
Norwich Bulletin (AP  05/11/11 23:57  Words matched: National Labor Relations Act Hospitals RNs join AFTConnecticut 

...right talk employees about work issues permitted under the National Labor Relations Act. AFT and some nurses complained being forced... 
Andrew Martin Librarian (Law) National Labor Relations Board 1099 14th Street Suite 800 Washington, 20570 
(202) 
273-3724 

(202) 
273-2906 fax 

andrew.martin@nlrb.gov 

From:  Baniszewski, Joseph  
Sent:  Thursday, May 12, 2011 12:00  
To:  Abruzzo, Jennifer  
Attachments:  Boeing, War Between the States, 2011.jpg  
Boeing cartoon,  
Joe  

From:  BNA Highlights [bhighlig@bna.com]  
Sent:  Thursday, May 12, 2011 5:41  
To:  Abruzzo, Jennifer  
Subject:  LE Law Resource Ctr: Analysis/News Background  

Volume 190 Number 
2156-2849 
LABOR RELATIONS 
Arbitration LMRDA Violation Award Back Pay DischargedPilot 
The U.S. Court Appeals for the Eighth Circuit heldMay that arbitration boardto back-pay awarddpilot who hadoes not violate the Labor-Management 
ischargedbeen active union representative dReporting andDisclosure Act... 
First Amendment 
Union Attempt Alter Complaint Unsuccessful, Seventh Circuit Says fedistrict court Illinois properly grantedgment against union that abandits 
eral dsummary judonedcomplaint allegations andreliednot movede the 
solely leafletting claim that hadto includcomplaint, the U.S. Court Appeals... 
Arbitration 
Hotel andUnion Must Arbitrate Dispute About Duration Clause hotel Rhode Islandmust arbitrate its
ispute with UNITE HERE over the meaning their neutrality agreement's dagreedarbitration provision that 
uration clause because the parties hadto broadunambiguously encompassedthe
ispute,... 

DISCRIMINATION 
Age Bias 
Eighth Circuit Vacates Its Decision State Age Discrimination Claim protected-age employee producedence survive summary jud
sufficient evidgment his failure-topromote andtermination claims undence was the Missouri Human Rights Act, even though such evidinsufficient und the ADEA's... 
Race Bias 
Catch-All' Limitations Period Applies Section 1981 Claim African-American employee's failure-to-promote claim brought und  1981 the Civil Rights Act 1866 was not time barredApril (Ruffin General Motors the Alabama Court Civil Appeals ruledAcceptance Corp., 112... 

Race Bias 
SecondCircuit Remand Case Against Schools for Reverse Bias New York City's implementation 1999 agreement settling Justice Department race bias case was not affirmative action plan for purposes Title VII the 1964 Civil Rights Act andmay have violatedthe rights certain white employees... 
Racial Harassment 
Harassment Claim Bolstered EvidNoose
ence Flags and
Neither the fact that African American employee receivedfour pay raises
uring the two years that workedfor shipbuildnor the fact that the company rehired
ing company before resignedhim some months later preclud him from showing... 

INDIVIDUAL EMPLOYMENT RIGHTS 
Sarbanes-Oxley Act 
SOX Does Not Protect Med Disclosures, Court Says 
Two information technology auditors for Boeing Co. who were firedfor provid
ing internal company information anddwith whistleblower claims und
ocuments newspaper reporter cannot proceeder the Sarbanes-Oxley Act because the statute... 
Contracts 
Court Dismisses Claims Basedon IBM Incentive Plan incentive pay plan implementedby IBM Corp. dnot amount enforceable promise commission
idpayments, andtherefore former IBM salesman's Colorad contract law claims for nearly $200,000 commissions andseparation pay... 
Torts 
Rad
iation Exposure Tort Claim Returnedto Fed
eral Court 
Workers who claimedthat they sustainedillness from rad
injuries andiation exposure must file all their claims against their employer underal statute, even one the allegations dnot fall within the
erafedidscope fed
eral law, the... 
Whistleblowing 
New Jersey Whistleblower Law Covers Bias Complaint, Court Says New Jersey's Conscientious Employee Protection Act that have received
ressing questions und"scant attention" from state andfedecidApril
eral courts, the New Jersey Superior Court's Appellate Division ded14...
egligence 
Court Find Mass. Law Covers Worker Injuredin R.I. The U.S. Court Appeals for the First Circuit ruledApril that Massachusetts residby
ent, employedMassachusetts-basedtemporary agency, may sue the general contractor for the project which workedfor negligence und Massachusetts...
oncompete Agreements Breach Salesman's Contract Nixes Firm's Injunction Request 

eral dwithin its denying surgical equipment preliminary injunction enforce former sales representative's noncompetition agreement where the firm seemingly... 
First Amendment 
Police Officer's Termination Not Basedon ProtectedSpeech 
City officials are entitledto summary judment retaliation claims brought 
gment the First Amenddischargedpolice officer who publicly criticizeding officers union meeting, fed
his commanderal d... 
istrict court Illinois ruled

LABOR ARBITRATION 
Jurisdictional Disputes Station Improperly Assigned Sportscaster Shoot Golf Vid television station assigneda sportscaster shoot vidaudigital camera andio using during interview condat golf course. brief vidon 
uctedeo clip from the sportscaster's interview appearedtelevision that evening.... 
Discharge 
Discharge UnlicensedWorker Subject Just-Cause Stand
ard city hadto establish that hadischarge employee who hadrivers' license 
just cause dhis dsuspenddriving undespite the city's claim that the employee 
edue his arrest for der the influence, dcouldnot perform the essential... 
Layoffs 
Secretaries' Layoffs Justified Despite Giving Work Outside Unit university medidoff two 
ical center dnot violate its collective-bargaining agreement when laidsecretaries, even though allocatedtheir work unit andnon-unit personnel, Arbitrator Matthew Finkin ruledMarch (University... 
Employee Benefits 
Retirees' Longevity Pay Was ProratedImproperly city violatedits collective-bargaining agreement through its policy prorating longevity pay for employees who retire before work year completedon Bell ruled Arbitrator LangdApril (City Springfield 128 1537 FMCS Case... 
Leaves Absence 
Union Presid
ent Was Entitled Leave for Union Business electric utility violatedits collective-bargaining agreement with the union representing employees responsible for the ded
istribution power consumers, which providthat leave for union business without pay "will given"... 
Labor Employment Law Resource Center, Analysis/News Background(ISSN 2156-2849) Highlights are publishedweekly The Bureau National Affairs, Inc., 1801 Bell Street, Arlington, 22202. 
NLRB-FOIA-00001090 

Request FREE Web trial. For subscription information please contact your local BNA Account Executive. For other inquiries please call senda request the BNA Customer Contact Center: 1-800-372-1033, Monday, 8:30 a.m. 7:00 p.m. ET, exclud -Friding 
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eral holidPlease not reply this message. Replies this message are routedto unmonitoredmailbox. you have questions please visit http://www.bna.com/contact. RegisteredWeb subscribers can access the full text these articles using the link supplied 
Copyright (c) 2011 The Bureau National Affairs, Inc., 1801 Bell Street, Arlington, 22202. Use this service subject the terms andcondaccess
itions the license agreement with BNA. Unauthorizedistribution prohibited

From:  BNA Highlights [bhighlig@bna.com]  
Sent:  Thursday, May 12, 2011 9:51  
To:  Abruzzo, Jennifer  
Subject:  May --BNA, Inc. Daily Labor Report  
E-mail not displaying correctly? View publication your browser: http://news.bna.com/dlln  

Thursday, May 1 Number 922,201

LEADING THE NEWS 
Race Discrimination 
Title VII's Limitations Period Governs EEOC 
Pattern-or-Practice' Case, Court Rules 300-day limitations period for filing individual discrimination charges with the Equal Employment Opportunity Commission under Title VII the
964 Civil Rights Act also applies when EEOC files pattern-or-practice suit under the act... 

NEWS 
Aerospace 
IAM Members Army Fleet Support Pact For 3,800 Pilots, Mechanics Fort Rucker 
Members International Association Machinists Local Lodge 
2003 May 1ratified "last, best, and final" offer made Army Fleet Support LLC Fort Rucker, Ala.... 
Airlines 
FAA Revises Proposed Crew Training Rule Response 2009 Accident, 2010 Law response congressional and public concerns raised following the 2009 crash regional carrier, the Federal Aviation Administration has revised proposed rules designed overhaul training airline crew members, according to... 
Compensation 
Retention, Hiring Bonuses Heating Up, Hiring Freezes Thaw, Survey Finds 
With the employment outlook improving, companies are focusing their compensation programs hiring and retaining top talent, according survey released May Buck Consultants.... 
Disabilities 
Employee With Mental Illness Did Not Show Disabilities Bias, Retaliation, Judge Decides former rural letter carrier with recurrent schizoaffective disorder that was managed medication failed show that was disabled within the meaning the Americans with Disabilities Act retaliated against for his bias complaints,... 
Employment 
Legal Job Market Remains Competitive For 40,000 New Law School Graduates the month May brings more than 40,000 law school graduates into the employment market, the initial assessment the National Association Legal Professionals (NALP) that the class 201
faces crowded and competitive job market.... 
FLSA 
FLSA Claims Firefighters Who Volunteered Battle Wildfires Triable, Court Determines jury question exists whether the Fair Labor Standards Act's special detail exemption applies group Sioux Falls, S.D., firefighters seeking overtime pay from the city for combating wildfires South Dakota's request,... 
Health Care 
Employers Paying Shrinking Share Workers' Health Care Costs, Milliman Says the price health care coverage has continued climb recent years, employers have been paying decreasing share the costs coverage for their employees, according report released May Seattle-based consulting and actuarial... 
Health Care 
Increased Interest Wellness Programs May Prompt Future Guidance, Speaker Says 
Regulators are interested exploring the effectiveness wellness programs, which could lead wellness program guidance the near future, employee benefits consultant said May
during webcast sponsored the American Law Institute-American... 
Job Training 
Congress Should Make Workforce System More Effective, Witnesses Tell House Panel 
Congress should take action develop more coherent, effective, and less duplicative workforce system, several witnesses told House panel May although one witness defended duplication federal job training programs.... 
NLRB 
Senate Panel Meets Discuss Middle Class But Mostly Focuses NLRB, Boeing Dispute 
The Senate Health, Education, Labor and Pensions Committee set May hearing consider the future the U.S. middle class, but most the session was taken with questions and debate over National Labor Relations Board proceeding involving...
FCCP OFCCP Proposes Revise Itemized Listing Used for Contractors Compliance Reviews The Labor Department's Office Federal Contract Compliance Programs proposing revise the scheduling letter and itemized listing sends supply and service federal contractors initiate compliance evaluations and request... 
Safety Health 
OMB Extends Review Period for Proposal OSHA Set Tighter Limits for Silica Dust 
The review period for the Occupational Safety and Health Administration's proposal tighten silica exposure limits being extended, the White House announced May
2.... 
State Laws 
Bill Signed Indiana Governor Requires Immigration Checks, Sets Employer Penalties 
LANSING, Mich.Gov. Mitch Daniels (R) May signed legislation S.B. 590) requiring employers and state agencies verify workers' immigration status and putting place penalties for those who knowingly employ unauthorized... 
Unemployment Insurance 
Congressional Research Service Report Covers Legislative Issues Related 
Noting that national unemployment predicted remain high into next year, the Congressional Research Service May issued report concluding that the increased demand for regular and extended unemployment benefits will continue and... 
ALSO THE COURTS 
Also the Courts: Roundup Recent Labor and Employment Rulings 

SPECIAL REPORT 
Safety Health 
MSHA Releases UBB Mine Probe Transcripts Showing Possible Lapses Rescue Protocol 
Government investigators questioning team members from April 201 rescue operation Upper Big Branch mine West Virginia focused the activities two mine officials witnesses described chaotic scene which rescuers scrambled... 

ECONOMIC NEWS 
Economic Activity 

Sales Grow for Ninth Consecutive Month, Due Mostly Growth Gas, Food Sales 
DENVERRetail sales grew April for the ninth consecutive month, 0.5 percent, driven surge gasoline and food sales, the Commerce Department's Census Bureau reported May ... 
Prices 
Producer Prices Rose 0.8 Percent April Energy Costs Spiked Again, BLS Reports 
Wholesale prices rose 0.8 percent April after climbing 0.7 percent the prior month, energy costs continued spike, according seasonally adjusted figures released May the Labor Department's Bureau Labor Statistics.... 
Unemployment Insurance 
First Time Claims Declined 44,000 434,000 Latest Week, ETA Reports 
The number workers filing first-time unemployment insurance claims fell 44,000 last week 434,000 claims seasonally adjusted, mostly reversing jump 47,000 the week ended April 30, revised, the Department Labor's... 
This e-mail part your subscription Daily Labor Report (ISSN
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801 change your e-mail preferences, click the "Sign-Up For Modify E-Mail Preferences" under the Getting Started heading your product's home page. 
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Arlington, 22202. Use this service subject the terms and conditions the license agreement with BNA. Unauthorized access distribution prohibited. 

From:  Abruzzo, Jennifer  
Sent:  Friday, May 13, 2011 7:09  
To:  Solomon, Lafe E.; Mattina, Celeste  
Subject:  Article re: Yesterday's Hearing  

Sarahs testimony was great. 
NLRB Senate Panel Meets Discuss Middle Class But Mostly Focuses NLRB,Boeing Dispute The Senate Health,Education,Labor and Pensions Committee set May hearing consider the future the 
U.S. middle class,but most the session was taken with questions and debate over National Labor Relations Board proceeding involving America's largest exporter,Boeing Co. Former labor secretary Robert Reich and Heather Boushey,senior economist with the Center for American Progress,addressed widening income gaps and economic stresses middle class families,but senators asked more questions Michael Luttig,Boeing's general counsel,who was invited appear Ranking Member Michael Enzi (R-Wyo.) and discussed the NLRB acting general counsel's April complaint alleging that the company illegally transferred jetliner production from Washington state South Carolina retaliation for Puget Sound area employees having supported past strikes the International Association Machinists (77 DLR AA-1,4/21/11). Luttig called the unfair labor practice complaint preposterous its face and Enzi blasted not the way encourage new job creation the U.S. but Sen. Richard Blumenthal (D-Conn.) questioned the appropriateness vigorous and even vicious attacks the NLRB,chairman the 
 while Sen. Tom Harkin (D-Iowa),committee,said the Boeing case has become political thing and warned that what borders the unethical for people the political branchthe Congressto begin interfere judicial process and try make political matter. Former NLRB Member Sarah Fox,now legal counsel for the AFL-CIO,told the committee that the National Labor Relations Act was intended not only protect workers but part positive national economic strategy,
 and argued that the only thing extraordinary about the complaint against Boeing the size the company and the magnitude the business decision that dispute. Committee Leaders Offer Differing Views Harkin opened the hearing noting that his state experienced more than 200 plant closings 2010,with loss nearly 12,and said Congress must make smarter policy choices restore the fundamental promise 
000 jobs,the American Dream. One those smarter policy choices,would restore the voice working Americans 
 Harkin said,strengthening workers' rights,and defending the agency that protects those rightsthe National Labor Relations Board. Harkin said NLRB career employees have come under vicious and unfair political attack for carrying out their duties under the law what alleged was part larger political campaign that are seeing across the country unfairly scapegoat workers and their unions for our nation's problems. But Enzi said the acting general counsel issued complaint against Boeing that left employers across the country greatly disturbed that bureaucrat serving acting capacity could direct U.S. companies about where locate facilities. Among his concerns,Enzi said,is whether NLRB targeting the states which have right-to-work laws like South Carolina's. Those states,Enzi said,have been an engine new job creation and have attracted foreign employers the United States. Enzi said and his colleagues will fight oppose the creation any deterrent investment right-to-work states,and charged that the NLRB complaint against Boeing shows this administration has yet get the message. 

Reich,Boushey Stress Need for Viable Middle Class Reich,now professor public policy the University California Berkeley,told the panel that the U.S. economy lopsided recovery,but the average 
 with stock prices and executive compensation the rise,worker not getting much out the recovery. Workers have adopted coping mechanisms deal with economic adversity the past,such having two spouses working,Reich observed,but there's limit how many women with young children can work and commented that service jobs recently created restaurants and other businesses do not pay very much. Reich said Americans went into debt and used their homes sources wealth until housing bubble burst, depriving them their last coping mechanism. Now,he said,there not enough money the middle class keep the country running,
 while the wealthiest Americans have become even richer. Reich said hears common refrain that the United States cannot raise taxes those with the highest incomes greatest wealth,but added,I frankly don't know what they're talking about! Boushey told the panel that supply-siders believe the key economic growth for government reduce taxes and limit regulation order spur investment,but small businesses report that their single largest concern poor sales revenue. Stating that lowering wages and hollowed out middle class means that consumers can demand less and less each year,
 Boushey said when every employer focuses solely reducing wages the expense all else, this has devastating consequences for the economy overall. The economist said without fear retaliation,collective bargaining helped grow. Boeing Lawyer Challenges NLRB Complaint Luttig,who served judge the U.S. Court Appeals for the Fourth Circuit before resigning join Boeing,told the panel that the NLRB complaint enormously consequential for the company,which already has received about 850 orders for its long-awaited 787 Dreamliner airplane. Most Dreamliner production will take place the Puget Sound area Washington state where IAM represents Boeing employees,but Luttig said the demand for the Dreamliner required the company build second assembly line. Boeing considered Washington,South Carolina,and other locations and made considered business judgment based host considerations that favored South Carolina,he said. Stating that the company has invested billion state-of-the-art facility North Charleston,S.C.,Luttig argued that alleging the company made its decision retaliation for the earlier strike activity Washington workers was insupportable. company spends sum like Boeing's investment out spite,
 the lawyer said. Calling the unfair labor practice complaint a breathtaking substitution the board for the management American company,
 Luttig argued that concern about the NLRB action might make companies reluctant expand into right work state like South Carolina. said companies also might hesitate before building facilities and employing workers state that does not have right work law,fearing that later attempt move right work state might challenged illegal under the NLRA. Calling the NLRB complaint legally unfounded and irresponsible,
 Luttig said should of concern all. Former NLRB Member Says Case Not Extraordinary But Fox said NLRB cases alleging unlawful transfers work employers were not extraordinary,and she said that the NLRB complaint alleges that Boeing engaged just such transfer work South Carolina because the firm's Washington employees had exercised their right under the NLRA engage strikes. Stating that NLRB responsible for protection employee rights including the right strike,Fox said there was nothing extraordinary about this complaint. Americans have right expect that statutory rights will enforced,Fox said,adding that recent attacks the agency have been disturbing. Reich Opposes Relentless Attacks' Labor Sen. Johnny Isakson (R-Ga.) told Reich that assumed the economist supported what NLRB was trying do, but Reich said would not prejudge the case and called distraction from the Senate committee's work considering the issue that was the purpose for the hearing. 

Noting that the case had not even begun process that would include administrative law judge hearing,
 board review,and possible consideration the courts,Reich said was inappropriate prejudge the outcome the case.
 Asked Isakson whether knew any time when NLRB had made decision retroactively invalidate
 capital investment billion,

 Reich said there had been NLRB decision and was not NLRB historian. However,Reich responded that as history buff with regard labor,I shocked and deeply upset the relentless attack organized labor,on unionization,and the rights employees this country unionize. NLRB Process,Effect Complaint Debated Blumenthal,in his first term representing Connecticut,told Luttig that troubled the attack the NLRB process, and asked the Boeing general counsel for his 
 which observed very incipient state,reaction. I don't see vicious attack the NLRB, said,
 Luttig said. On the facts here,the acting general counsel has brought a public policy issue some import. But Blumenthal said the unfair labor practice case involves statements about the Dreamliner decision allegedly made Boeing executives,and the context which those remarks were made and which they should interpreted. Calling that classically the kind factual dispute that cannot resolved before litigation even begins,Blumenthal said NLRB's case against Boeing should not prejudged. Blumenthal also asked Luttig whether believed that the company faced inevitable defeat the unfair labor practice case before NLRB,and the Boeing lawyer replied that I presumptively expect lose. said based that opinion institutional reasons that the general counsel and the board will share the same view the law,but expressed confidence that the company ultimately would prevail court review board order. Sen. Lamar Alexander (R-Tenn.) asked Luttig how long could take obtain judicial review adverse NLRB ruling,and the lawyer said could take about two years. Alexander asked whether there are Boeing suppliers Washington now considering whether locate operations near South Carolina anticipation the company's plan build three Dreamliners per month there. Luttig agreed that suppliers are trying make plans and decisions,and agreed with Alexander that waiting several years for resolution the NLRB complaint will leave not only Boeing but also other companies doubt about their rights and business options. Alexander asked whether was unethical for the Senate committee considering such issue hearing,and Luttig agreed that was not improper. Harkin Questions Senate Hearing Boeing Dispute But Harkin expressed regret that much the hearing had been devoted the Boeing dispute rather than broader issues about the economy and the middle class. also said didn't think Senate hearing the dispute was appropriate. The committee chairman noted that Pillsbury Co. FTC,354 F.2d 952 (5th Cir. 1968),an administrative agency order against company was overturned after federal appeals court concluded that Senate committee's conducting hearing the dispute while was pending before the agency violated due process rights one the parties. Harkin also noted that May 11,Jim McNerney,Boeing's president and chief executive officer,wrote oped piece the Wall Street Journal that challenged the NLRB action,but the executive also wrote that [t]he NLRB's overreach could accelerate the overseas flight good,middle-class American jobs. Harkin said the company major supplier the federal government,earning about $19.5 billion from government sales,and Harkin would have preferred that McNerney include assurances his op-ed piece that Boeing does not intend move jobs out the United States. Luttig said the executive did not make veiled threat all but only general observation. Luttig offered his own assurances behalf Boeing that the company has plan export jobs from the United States. Lawrence Dub Written testimony submitted Robert Reichmay accessed
ttp://op.bna.com/dlrcases.nsf/r?Open=ldue8gsther Boushttp://op.bna.com/dlrcases.nsf/r?Open=ldue-8gstk4. Testimony Heathey may accessed hTestimony Michttp://op.bna.com/dlrcases.nsf/r?Open=ldue-8gstl6. Testimony 
ael Luttig may accessed hSarahFox may accessed
ttp://op.bna.com/dlrcases.nsf/r?Open=ldue-8gstjf 

From:  Martin, Andrew  
Sent:  Friday, May 13, 2011 8:42  
To:  Abruzzo, Jennifer; Ahearn, Richard L.; Ananthanayagam, Shanti; Arlook, Martin M.;  
Baniszewski, Joseph; Barker, Joseph; Becker, Craig; Blyer, Alvin P.; Bonett Jr., Edward J.;  
Boren, Dennis R.; Burton, Spence; Carlton, Peter J.; Chester, Robert W.; Christman Jr.,  
Thomas J.; Cleeland, Nancy; Colwell, John F.; Cowen, William B.; Dreeben, Linda J.; Eddins- 
Hill, Rosalind Elaine; Englehart, Bob; Farrell, Ellen; Fedorova, Ioulia; Ferguson, John H.; Fies- 
Keller, Cara L.; Figueroa, Marta; Flynn, Terence F.; Franklin, Kirk; Garza, Jose; Glasser,  
Stephen M.; Gold, Wayne R.; Goldstein, Dawn; Gottschalk, Irving E.; Graham, David; Grant,  
Regina; Griffin, Jill; Guest, Matt; Habenstreit, David; Hankins, Raymond; Hayes, Brian;  
Heinzmann, Kym; HELTZER, LES (Hdqs); Hirozawa, Kent; Hollo, Elana R.; Hooks, Ronald K.;  
Howard, Deidran; Hoyte, Joan E.; Jacob, Fred B.; James, Kathleen; Jones, Harry; Joseph,  
Gloria; Kane, Robert F.; Karsh, Aaron; Katz, Judy; Kearney, Barry J.; Kelly, David A.;  
Kilpatrick, Elizabeth; Kinard, Martha E.; Krafts, Andrew J.; Lee, Sydney A.; Lennie, Rachel G.;  
Levin, Nelson; Levitan, Daniel; Ley, Rhonda; Lieber, Margery E.; Liebman, Wilma B.; Lightner, Michael; Lineback, Rik D.; Martin, David P.; Mattina, Celeste J.; McDermott, James J.;  
McKinney, Kathleen; Mills, Jacqueline; Moore-Duncan, Dorothy L.; Moran, Gail R.; Morgan,  
Terry A.; Murphy, James R.; Ohr, Peter S.; Osthus, Marlin O.; Overstreet, Cornele; Pearce,  
Mark G.; Purcell, Anne G.; Reynolds, Vanita S.; Rivchin, Julie Y.; Robinson, Miles  
Rosenberg, Joshua; Saunders, Josh Schiff, Robert; Shapiro, Ken; Siegel, Richard A.;  
Simms, Abby; Smith, Barry F.; Solomon, Lafe E.; Sophir, Jayme; Spector, Jennifer R.; Tellem,  
Elbert F.; Tendrich, Robert; Thompson, Scott C.; Tuli, Manisha E.; Wagner, Anthony R.;  
Williams, Harold; Yaffe, Deborah; Zick, Lara  
Subject:  Legal News FYI  

Senate Panel Meets Discuss Middle Class But Mostly Focuses NLRB, Boeing Dispute 
The Senate Health, Education, Labor and Pensions Committee set May hearing consider the future the
.S. middle class, but most the session was taken with questions and debate over National Labor Relations Board proceeding involving... 
IAM Membermy Fleet Suppor Art Pact For3,800 Pilots, Mechanics For Rucker 
Members International Association Machinists Local Lodge 2003 May ratified "last, best, and final" offer made Army Fleet Support LLC Fort Rucker, Ala.... 
With suit against Boeing, NLRB becomes GOPs top target 
The Hill  05/13/11 06:20 
 Words matched: Lafe Solomon
 Move over, EPA and OSHA: Thas become thtarget for Republicans. National Labor Relations Board popular executive-branchSince its April complaint against Boeing for allegedly retaliating against union workers, thas faced daily barrage GOP NLRB hand business criticism for meddling 
...pending before the labor board. The board acting general counsel, Lafe Solomon, will likely never see his nomination make out the Senate... 
Boeing fight gives Republicans weapon against labor board 
The Seattle Times  05/13/11 01:01  Words matched: Lafe Solomon Republican lawmakers are seizing National Labor Relations Board complaint against Boeing chey 
ance rein agency thsay... 
...the Washington-based Chamber, said email. April 20, Lafe Solomon, the board's acting general counsel, filed complaint saying Boeing... 
Judge rules for unions Red Cross dispute 
Lansing State Journal (AP)  05/13/11 04:40  Words matched: National Labor Relations Board, NLRB Local, regional groups expected appeal ruling 
...working the Red Cross. Wedekind, administrative law judge for the National Labor Relations Board, presided over 11-day trial fall 2010 

Bar employees vote union Monday 
Norwich Bulletin (AP)  05/12/11 23:47  Words matched: National Labor Relations Board, NLRB Mash
antucket, Conn.  Bartenders, drink servers and bar porters Foxwoods Resort Casino and MGM Grand Foxwoods are slated vote again affiliating withUnited Food and Commercial Workers Local 371. 
...was approved 190-145, was held under the supervision the National Labor Relations Board. The tribe objects NLRB-supervised elections, saying... 
GOP bill aimed undercutting labor agency Boeing case 
The News Tribune  05/12/11 19:26  Words matched: National Labor Relations Board, NLRB Thirty-four Republican senators introduced legislation Thursday protect states' "righe
t-to-work" status and ban thief federal labor agency from determining
ere companies can business. 
...the response bid the top lawyer for the National Labor Relations Board prevent Boeing from opening South Carolina plant this... 
PRED RKS SENATE MAJORHA ROF THE U.S. SENATE;
EPAREMARITY LEADERR
EID (D-NV) THE FLOORSUBJECT: NATIONAL LABORRD (NLR, THE CAPITOL, WASHINGTON,
ELATIONS BOARB); LOCATION: SENATE CHAMBER
D.C. 
LexisNexis  05/11/11 21:35 
 Words matched: unfair labor practices
 PREPARED REMARKS SENATE MAJORITY LEADER HARRY REID (D-NV) THE FLOOR THE U.S. SENATE SUBJECT:
 NATIONAL LABOR RELATIONS BOARD (NLRB) LOCATION: SENATE CHAMBER, THE CAPITOL, WASHINGTON,
 
...to unionize, they choose. mediates allegations unfair labor practices. And does all this independent any outside influence 
Andrew Martin Librarian (Law) National Labor Relations Board 1099 14thStreet Suite 800 Wash
ington, 20570 
(202) 
273-3724 

(202) 
273-2906 fax andrew.martin@nlrb.gov 

From:  Mattina, Celeste  
Sent:  Monday, May 16, 2011 12:29  
To:  Solomon, Lafe E.; Abruzzo, Jennifer; Cleeland, Nancy  
Subject:  FW: Training  
Attachments:  Plane Nonsense -Sorting out the Facts the Boeing Case  EPRN.mht  

See the attached article.
 
From: Jaffe, Leah
 Sent: Monday, May 16, 2011 12:17
 To: ML-R02-Professionals (R);ML-R02-Supervisors (R)
 Subject: Training 
Just remind are having training tomorrow the new Back Pay program conference room the 6floor. you get chance read GCmemo 11-08 sent everyone last week and available surfboard) before training. also very excited announce that have great speaker lined for July 25. Ellen Danin professor labor law Penn State University who has written extensively about our statute and the Board. She huge supporter employee rights and has written book which she, among other things, proposes arguments that Unions can use, particularly the
ourts, make the law more effective. The Book called Taking Back the Workers Law and encourage you all read it. attaching article she wrote about the recent Boeing complaint, which you might want read before her visit. very short. She also writes for number labor blogs. you google her, you will find them. However, will provide the links some point. July will our training for July. 
There will training June, because are going spending huge amount time NEX GEN training. 
Leah Jaffe Supervisory Attorney National Labor Relations Board, Region Federal Plaza, Room 3614 New York, N.Y. 10278 
(212) 264-0360 FAX (212) 264-2450 From:



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