A Board Whose Time has Come and Gone

The National Labor Relations Board is supposed to protect all workers, but it’s been focused on union workers exclusively for far too long.  In the effort, too, it’s become far too politicized to be useful or able to be rehabilitated.

For instance, it ignores the courts.

In [a] DC Circuit case…the NLRB ignored the court’s longstanding precedent on an employer’s bargaining obligations under a collective-bargaining agreement, forcing a Michigan health clinic to defend itself against charges it knew the court would reject.

The NLRB ignores other long-standing precedent, also.  For instance, it has ruled [sic] the franchising companies—a McDonald’s, a Subway, and so on—are at least partially responsible for the employment practices of the franchise holder—a particular McDonald’s or Subway restaurant—even though employment decisions are entirely the purview of the franchise license holder.

Peter Schaumber, ex-NLRB Chairman under ex-President Bush the Younger, argued in his op-ed at the link that the NLRB could cure this by issuing a slew of regulations that would reverse those abusive practices.  It’s true enough that regulations ” adopted after public notice and comment cannot be overturned without ‘substantial justification’ or renewed rule-making,” but that’s only a temporary sop.  The same politicization would leave it straightforward (if cumbersomely so) to find “substantial justification” or to spend the time to go through “renewed rule-making” in order to alter the NLRB to its members’ ideology—even ego—rather than staying focused on all workers.

Formalizing regulations through rule-making processes cannot correct the board’s political biases, whichever way those might lean.

The NLRB needs to be done away with altogether.

More Nonsense

Or more Progressive-Democrat contempt for conservative women.  On tour to promote her book, Hillary Clinton’s 2016 campaign Communications Director Jennifer Palmieri says about the election outcome,

It does show that we don’t have any models for our young girls and young women who are coming up in the world now to look at for how to lead.

Sure.  Because Condoleezza Rice, Provost of Stanford University, ex-NSA, and ex-Secretary of State is such a terrible role model.

Because Nikki Haley, ex-State Representative in the South Carolina House, ex-Governor of South Carolina, and current UN Ambassador is such a terrible role model.

Because Sarah Palin, ex-Governor of Alaska and 2008 Vice Presidential candidate is such a terrible role model.

Because Carly Fiorina, ex-Hewlett-Packard CEO and 2016 Presidential candidate is such a terrible role model.

Because Elaine Chao, ex-Deputy Secretary of Transportation, ex-Peace Corps Director, ex-Labor Secretary, and current Labor Secretary is such a terrible role model.

Because Congresswoman Marsha Blackburn (R, TN) and current Senate candidate is such a terrible role model.

Because Pam Bondi, Florida Attorney General is such a terrible role model.

Because Joni Ernst, Lt Col (USA, Ret), ex-Iowa State Senator, and current Senator is such a terrible role model.

Because Alveda King, State Congresswoman in Georgia’s House of Representatives, is such a terrible role model.

Because the late Jeane Kirkpatrick, ex-UN Ambassador, is such a terrible role model.

Because Mia Love, Congresswoman from Utah is such a terrible role model.

Because Susana Martinez, Governor of New Mexico, is such a terrible role model.

The list goes on; I’ve only begun to start scratching the surface.

But the Progressive-Democrat says “we don’t have any models for our young girls and young women…to look at for how to lead.”

Hmm….

A Good Move

Attorney General Jeff Sessions has declined, for now, to appoint a special counselor to investigate DoJ and FBI handling of the Hillary Clinton email “investigation” and other matters.

Instead, Sessions has gone one better.  He’s appointed John Huber, US Attorney for the District of Utah, and so not a denizen of the Beltway (like Special Counselor Robert Mueller is) to investigate the nature of the FBI’s surveillance of Carter Page and connections, if any, between the Clinton Foundation and Uranium One, and to work with the DoJ IG to look into the FBI’s handling of Clinton’s email fiasco and the FBI’s interaction with the FISA star chamber court.

In essence, Huber’s appointment is equivalent to a special counselor appointment, but without the political baggage (although some will try to create baggage on the basis of his not being formally a special counselor).

While the IG has the expertise it needs to look into these matters, he can’t compel testimony, and he can’t prosecute, although his findings certainly can be used by an Attorney General to conduct prosecutions.  Huber, though, can compel testimony as part of his investigation and his work with the IG, and he can prosecute miscreants.  The two investigations—his own and his work with the IG—will produce all the results of a special counselor without serious political baggage.

The downside of special prosecutor assignments, whether explicit as with Robert Mueller, or tacit as with this appointment, is the lack of specificity of the assignment.  Sessions needs to lay out clearly the scope of Huber’s new assignment, including, especially, sharp boundaries for that scope, with no gray areas or penumbras surrounding it.

Warning Labels

Never minding a number of studies that indicate that coffee intake ranges from harmless to net beneficial, California has decided to require coffee companies must put cancer warning labels on their coffee.  Even more ludicrous, the presiding judge, Los Angeles Superior Court Judge Elihu Berle wrote in part,

Defendants failed to satisfy their burden of proving…that consumption of coffee confers a benefit to human health.

This is the wrong criterion and the wrong holder of the burden.  California alleged carcigenic risk; it’s on them to prove the risk.  Beyond that, it’s not the State’s function to demand proof of beneficial outcomes; it’s the State’s function to demand lack of material harm.

I’m waiting for California’s warning labels on grapes, since their fermentation carries empirically demonstrated DUI risks.

The FBI’s Subpoena Response

After Attorney General Jeff Sessions told FBI Director Christopher Wray to cut the stonewalling and deliver up, promptly, the documents Congress had requested and then subpoenaed, Wray doubled the number of agents he had assigned to the task.

Wray also assured Congress he’d mended his ways.

Mr Wray’s statement pledges the FBI will be “transparent and responsive to legitimate congressional requests.” If not, Mr [House Judiciary Chairman Bob (R, VA)] Goodlatte and the House leadership must be willing to use their powers of contempt and impeachment to impose consequences.

This is a cynical sham. The target of a “Congressional request” is in no position to judge the request’s legitimacy, whether the target is the FBI or a mafia soldier.  Goodlatte needs to prepare the impeachment case, even though the Progressive-Democrats in the Senate will not approve.