Arizona Mortage Law.

Feds To States – Drop It Or We’ll Sue – Huge Executive Branch Overreach

Someone in the Federal Government better realize that there are two things they aren’t realizing when they do this kind of stunt:

1. This isn’t just state legislation they are screwing with – this is the people putting forth Constitutional amendments in SOVEREIGN states.
2. They are really going to alienate a lot of people who supported these laws.

So what in the world am I speaking about?

Remember how I talked about 4 steps that the executive branch was overreaching on?

1. FCC – seizing the internet in an “open ended regulatory” move that allows them to do pretty much whatever and discussing you HAVING to have an ID on the net to use it
2. EPA – continuing to implement the cap and trade one state at a time using the RGGI model Lisa Jackson – now head of the EPA started when she was then head of the NJ EPA.
3. NLRB – trying to implement more union friendly regulations to stop the absolute hemorrhaging of union support in this country as well as membership losses
4. CMS – centers for medicare and medicaid services – Donald Berwick just snapping his fingers and bringing about regulations we rejected and they took out of the Health Care Law

Well – we have seen 1, 2, and 4 come into play – though they ran away from the death counseling being paid for being a mandatory regulation late last year. The uproar was too much, even for them.

Now – the National Labor Relations Board has reared it’s ugly head.

Don’t say I didn’t warn you.

The people and businesses fought a great battle in 4 states and won. They put a Constitutional Amendment in place that stated this one (sarcasm on) horrible, mean, ugly and bigoted thing: That the workers of that state had a RIGHT to have a secret ballot to decide on unions or not.(/sarc off)

Do you understand – the Federal government, in the body of the supposedly NEUTRAL National Labor RELATIONS Board, through its chief counsel, has told 4 states that the Federal supremacy clause of the Constitution has a right to shoot down Constitutional Amendments on the state level.

I wrote some time ago about how Obama had loaded the NLRB with labor friendly people, including at least one former labor lawyer.

Now what we see is an NLRB who is coming out and basically announcing their intent – they are going to have Card Check in place even barring legislation. And how dare these 4 states get in their way? I actually didn’t realize that there was any act in place that allowed unions to demand NOT SECRET ballots, so I’m kind of curious how they have a leg to stand on.

South Dakota and Utah have already implemented the new Amendments – Arizona and South Carolina will very shortly.

EFCA or card check has three very bad features for business – and thus for consumers which will EAT ANY COST INCREASES due to price increases from labor costs – and the poor will get the brunt of this.

1. They want “equal access” to workers on business production lines, during business hours, and the business owner can’t do a thing about it. They can’t set up meeting times and ask the unions to comply – so the production can be interrupted. Bluntly, there could be a safety factor there too, especially in food safety situations or high risk jobs – will having to comply to safety be “management control tactics”?
2. People will have to sign a card and may end up having to do so in front of union people (doubt me? think about some of the videos you have seen in the last year of union tactics) and you want to talk about intimidation?
3. Negotiations will now be decided mostly by binding arbitration that will be decided by, guess who – the NLRB. The union presents its case and then the business. If they don’t have it resolved between themselves in *90* days, the NLRB can make a BINDING decision. So – the union, wanting a 1.50 an hour raise can go in and demand 3.00 per hour, the business can present evidence that their company can’t afford that and that any raise (like right now in these economic times) could very well cost jobs or force the business to shut down factories (like the 19 or more GM shut down when the unions didn’t relent) or shut their doors. If the NLRB feels (and keep in mind the union tilt now in the board) that the business can afford it in their wisdom, they can come along and force the business to pay 1.50 an hour more. And all the unions have to do is put a bad faith offer on the table and wait out the businesses. Imagine the cost of your GOVERNMENT at ALL levels when your public worker unions get a hold of that.

States afraid of that are trying to pass legislation or Amendments to protect their businesses and in the long run, their consumers AND taxpayers.

One thing that the states are afraid of as well is that there will be a split off of the bills features and that it will be passed in little chunks in sneaky ways or that, as we are talking about here, little chunks of just regulation by fiat.

What people aren’t seeing – if this comes to pass – more and more jobs will go out of this country as businesses seek cheap labor to remain competitive. China will become stronger, we become weaker and all those people who scream “EVIL BUSINESS is exporting jobs” seem to get another bit of ammo.

The fact is, if you have people here making 20-30 dollars an hour and you see a labor pool over here where people are GRATEFUL to make 2-3 dollars a day or an hour, you will go to that labor force that isn’t always trying to harm the hand that pays them. Shipping wouldn’t raise the costs of the product enough to catch up to the labor costs in this country.

In these times especially, to continually raise the costs on products due to labor is economically STUPID for any business but the largest cost for most any business is labor.

Tell you what – let’s all sit here and make them make their products in a labor cost market that costs them 10 to 100 times as much and wonder why ALL our prices skyrocket. Then, when the businesses all go out of business, we can sit around in our existential greatness and wonder why.

The cost of living everyone fusses about? We drive it up by constantly expecting more and more and more for the same job.

It is a fact – the company that pays the increase tacks it right back to the cost of the product to make a profit to keep in the bank for developing new products, new production or storage facilities, new jobs, shareholders, pension funds, insurance increases, etc.

To deny that is just blind ignorance of people who think the company should just eat it – or the arrogance of people who DO understand and don’t care – the union leaders who get more to scream about and get to be more important when the jobs start going elsewhere – “SEE? We have to protect you!!!!!!”

If they weren’t demanding obnoxious wages and benefits for their workers so they can live like kings, the rest of us earning 20,30,40 thousand a year wouldn’t have to live on the edge of being paupers due to home and car costs for two examples.

It goes both ways.

So some state leaders are trying to protect YOU, and they are being threatened by this supposedly neutral board. According to Yahoo News:

In letters to the attorney general of each state, [Lafe] Solomon [the NLRB counsel] says the amendments are pre-empted by the supremacy clause of the Constitution because they conflict with employee rights laid out in the National Labor Relations Act. That clause says that when state and federal laws are at odds, federal law prevails. [this is the part where they are announcing obliquely that they are going to enact card check - there is no law against secret ballots now]

Solomon is asking the attorneys general in South Dakota and Utah for official statements agreeing that their amendments are unconstitutional “to conserve state and federal resources.”

In his letter to South Carolina’s attorney general, Solomon asks the state to take measures that would prevent the Legislature from ratifying the amendment. Solomon requested that Arizona’s governor decline to make the amendment official.

Utah Attorney General Mark Shurtleff said he believes the state is on solid ground. He plans to coordinate a response with the other three states.

“If they want to bring a lawsuit, then bring it,” Shurtleff said. “We believe that a secret ballot is as fundamental a right as any American has had since the beginning of this country. We want to protect the constitutional rights of our citizens.”

South Dakota Attorney General Marty Jackley also promised to “vigorously defend our South Dakota Constitution” against any federal lawsuit.

Source: Yahoo News Article

You folks might want to step up and support your folks with letters to your reps and Senators, letters to the NLRB and even the President. The latter two might be arrogantly dismissed, but it’s worth a try.

If they pick these four states off, just remember, Right to Work may very well be next, and then open vote union decisions from a simple card under the watchful eye of thugs.

Remember – they overreached on the other things – what’s to stop King Kamehobama from snapping his fingers again?

Read more from the author at http://www.drscoundrels.com

About the Author

Conservative Constitutionalist who wants to see the values of the old days combined with the technology of the modern era. Take us back to the size of the governments from the 1800′s and the ideals of freedom and self sufficiency from then as well.

Get government out of my life and I will survive without them. How about you?

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