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senate Bill S. 1594

Should the NLRB’s Authority to Prosecute & Rule on Labor Disputes be Transferred to Courts?

Argument in favor

The NLRB shouldn’t be the judge, jury, and executioner for labor disputes in this country, and it should be stripped of its power to hear labor disputes and issue rules. Federal courts should be be in charge of prosecuting and ruling on labor disputes.

DrRichSwier's Opinion
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09/04/2017
Labor disputes are a local employer and employee issue. Get the federal government out of labor disputes.
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MJDalio's Opinion
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09/04/2017
Absolutely!! And it should be public with a JURY! I have no faith anymore in bureaucrats or judges to do anything according to written law. These people have been making it up for too long!
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Jeff's Opinion
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09/04/2017
To those who are against this legislation (and everything else a Republican proposes), the common arguments "for" the labor board are exactly why it should be eliminated. ("Republicans are trying to gut the board so that laborers no longer have someone fighting for them, etc.") We have a Department of Labor. We have Congress. We should pass laws for labor the same way every other rule which affects us all is passed. We don't need a "pro worker" body passing rules without unbiased checks and balances and due process. Any entity which can pass rules and then arbitrate disputes concerning it's own rules is anti-American in theory and process.
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Argument opposed

The NLRB has long played an important role in enforcing labor laws and resolving labor disputes, and this bill would gut its authority to protect America’s workers. While it could still investigate labor disputes, it would effectively be powerless.

John's Opinion
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09/04/2017
The reason we have a Labor Board is to protect labor from the abuse of corporations. If it goes to the already overloaded courts, the American worker will only suffer more.
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Jeanne's Opinion
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09/04/2017
This is just another way for the pro-business "Trickle-Downers" (we all know that's been proven not to work) to thwart workers rights and ability to make a living wage so they can afford housing, a family, healthcare and education for themselves and their families. These people, Sen. Lee, Michael [R-UT], sponsor, Sen. Cruz, Ted [R-TX], Sen. Lankford, James [R-OK], Sen. Cotton, Tom [R-AR], Sen. Strange, Luther [R-AL], Sen. Rubio, Marco [R-FL], co-sponsors, aren't known for looking after the wellbeing of the 99%.
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Claude's Opinion
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09/04/2017
Transfer to federal court would delay and complicate Enforcement of labor laws. The courts were never set up to form rules or enforce them this responsibility is administrative functions
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What is Senate Bill S. 1594?

This bill — known as the Protecting American Jobs Act — would transfer the power of the National Labor Relations Board (NLRB) to prosecute and adjudicate labor disputes to federal courts, although the NLRB could still conduct investigations. The NLRB’s rulemaking ability would be limited to the internal workings of the agency and couldn’t issue rules affecting the substantive rights of any person, employee, employer, or union. 

Within six months of this bill’s enactment, the NLRB would be required to review all regulations it implemented before this bill’s enactment and revise or rescind any regulations as needed to conform with this legislation.

Impact

Federal courts; and the NLRB.

Cost of Senate Bill S. 1594

A CBO cost estimate is unavailable.

More Information

In-DepthSponsoring Sen. Mike Lee (R-UT) introduced this bill to transfer the power of the NLRB to hear labor disputes to federal courts and strip it of its rulemaking authority:

“For too long the NLRB has acted as judge, jury, and executioner, for labor disputes in this country. The havoc they have wrought by upsetting decades of established labor law has cost countless jobs. This common sense legislation would finally restore fairness and accountability to our nation’s labor laws.”

This legislation has the support of five Republican cosponsors in the Senate.


Media:

Summary by Eric Revell

(Photo Credit: Geraldshields11 / Creative Commons)

AKA

Protecting American Jobs Act

Official Title

A bill to amend the National Labor Relations Act to modify the authority of the National Labor Relations Board with respect to rulemaking, issuance of complaints, and authority over unfair labor practices.

bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on Health, Education, Labor, and Pensions
    IntroducedJuly 20th, 2017
    Labor disputes are a local employer and employee issue. Get the federal government out of labor disputes.
    Like (15)
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    The reason we have a Labor Board is to protect labor from the abuse of corporations. If it goes to the already overloaded courts, the American worker will only suffer more.
    Like (128)
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    This is just another way for the pro-business "Trickle-Downers" (we all know that's been proven not to work) to thwart workers rights and ability to make a living wage so they can afford housing, a family, healthcare and education for themselves and their families. These people, Sen. Lee, Michael [R-UT], sponsor, Sen. Cruz, Ted [R-TX], Sen. Lankford, James [R-OK], Sen. Cotton, Tom [R-AR], Sen. Strange, Luther [R-AL], Sen. Rubio, Marco [R-FL], co-sponsors, aren't known for looking after the wellbeing of the 99%.
    Like (111)
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    Transfer to federal court would delay and complicate Enforcement of labor laws. The courts were never set up to form rules or enforce them this responsibility is administrative functions
    Like (54)
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    Another power grab by the corporate leaches. Another weakening of protections for the working people of our country. The continued dismantling of our way of life and widening of the road to oligarchy that is the final goal of the corporations and their store bought government.
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    It ain't broke, so don't fix it. The NLRB has developed institutional expertise and memory thus making it best qualified to settle labor-related disputes and issues without the additional hassles of federal litigation. Sending these issues straightaway to federal court will place undue burdens on workers seeking redress, thus handing an instant and unfair advantage to management.
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    The NLRB has long been the one small beckoning voice for workers and labor as a whole. With this, it'd be the nail on the coffin for them. Big money and politicians have long been aiming to strike organized labor down, and this could be it. NO to this. Reverse the already anti-labor agenda of the country from the Landrum-Griffon Act to the Taft-Hartly Act. The Wagner Act should be the law of the land in terms of labor.
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    No. Just no. That's what they were designed to do. Let them do their job.
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    This is just a way for corporations to influence the judicial system in order to screw employees. Of course the GOP will approve this bill, because they could care less for us minions.
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    Let's see, what could go wrong? After years of the 1% becoming increasingly wealthy and the rest of us losing ground, with the very unions people died to protect decimated and denigrated, now a Republican wants to turn the rights of the people of the United States overt to courts being packed with ultra right-wing conservatives like Gorsuch who longs for the "good old days" when people of color had no rights whatsoever. No, the National Labor Relations Board should not be dismantled so that more human rights violations can happen daily. Quite the contrary, the people of the United States tragically need to be protected from their own government. Do not allow the fascist takeover of our country.
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    This Protecting American Jobs Act — would transfer the power of the National Labor Relations Board (NLRB) to federal courts. So if I understand correctly, we will transfer authority from one non-citizen elected board to a non-elected federal employee judge. Wouldn't it easier to invalidate the board completely and leave Congress, elected officials, the authority to manage labor? We can also save all the cost associated with government payroll. Now this is Freedom! The NLRB was only another fist the Democrats and Labor Unions used for their own financial benefits. Let's further this idea and cancel all Federal type Unions.
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    Stop the war on workers. Trump would love if he could rule the US like North Korea. We can't let that happen. It figures that the GOP would attack labor on Labor Day
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    Absolutely!! And it should be public with a JURY! I have no faith anymore in bureaucrats or judges to do anything according to written law. These people have been making it up for too long!
    Like (12)
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    The Federal Courts and all courts are already overloaded with many frivolous Conservative lawsuits, as well as state and local courts. Republicans have demonstrated that they will not stop their attacks on employees, so that Corporations and employers can continue to exploit and oppress them. The NLRB is obviously very successful in abdicating for Employees rights, safety and the general welfare of employees, if the Republican Party is attempting to take away another protection of employees. Republicans know that if they can shift the cases to a Federal Court in which Conservatives have more control over, then Republicans and their Corporations can continue to win against their perceived enemies (their own employees), with oppressive, unethical, and immoral and sometimes inhumane behaviors and acts. VOTE NO on this OPPRESSIVE and unsafe bill. Choose to protect and serve The People, For the People, By the People.
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    Ah crony capitalism, where would the "titans" of American business be without thee?
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    The senator writes about 'the havoc' created by this department. This department does not exist to deter businesses, but to ensure that employees have a legally fair and safe work environment. Our judicial system is already over burdened, this legislation works against the people and only serves to facilitate no accountability for big business.
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    This would only serve to weaken labor protections as the courts would never be able to keep up with the case load and only the corporate side would be able to afford the required lawyers.
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    This terrible bill would essentially strip the NLRB of its power. The NLRB was designed to prosecute labor disputes and issue rules. This just another way for Republicans to take away any power that American workers have in our economy. This is obscene!
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    Gutting the NLRB is one giant step towards removing all protections for American workers. The federal government has no role in labor disputes. More and more the republicans are trying to turn our democracy into North Korea.
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    Even better to eliminate that board!
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