Another nomination fight this year will have a huge impact on the landscape ahead for America’s businesses, as current National Labor Relations Board (NLRB) Chairman Mark Pearce’s term will expire at the end of August. Needless to say, President Trump should in no way consider re-nominating Pearce as his tenure has been a disaster for everyone except those who support compulsory unionism.
Pearce is an Obama-appointed, pro-union bureaucrat who has a long history of helping to boost unions and the ability of labor to organize. Not only was he behind the NLRB’s re-interpretation of decades of legal precedent on the “joint employer” definition, Pearce has also repeatedly ruled in favor of union-boss’s seeking to force workers to pay union dues. His rulings have been slapped down repeatedly by higher courts and he’s even been reputed by fellow pro-compulsory unionism members of NLRB’s board. Imagine that.
One hugely important issue that Pearce could continue to influence is the joint-employer issues.
You can read more about the issue here, but if the NLRB continues to be led by a pro-forced dues fanatic like Pearce, it could mean millions and millions of new dues monies going into the coffers of union organizations like the SEIU. In fact, if only half of McDonald’s workforce were to unionize (see link above), it would mean at least $155 MILLION a year in new union dues and fees. Think of how that could affect elections!
While a legislative fix is needed badly to solve the joint-employer issue, while it remains in limbo, local small businesses and parent corporations may very well sit on the sidelines and hold off on future growth and hiring. Luckily, the House already passed the Save Local Businesses Act (H.R. 3441) late last year, and the Senate has an opportunity to act soon this year as well and send the legislation to President Trump’s desk for his signature.
Even the typically pro-union boss Ninth Circuit Court reacted to Pearce’s attempts to justify union boss conduct to prevent workers from revoking their memberships (see SEIU Local 121RN (Pomona Valley Hosp.), 355 NLRB 234 (2010), petition for review denied in pertinent part, 440 F. Apex 524, 2011 WL 2550430 (9th Cir. 2011).
In the meantime, President Trump should use some of his bandwidth on nominating a qualified, pro-business member to the NLRB, and increase the board’s pro-business membership. The path is clear: Trump should not re-nominate Mark Pearce.
In any case, we should make it known, and it’s worth repeating loudly and clearly – Mark Pearce no longer belongs on the NLRB.