An Open Letter to GOP NLRB Member Brian Hayes: Please Resign Immediately
by LaborUnionReportBrian Hayes, Esq.
Member
National Labor Relations Board
1099 14th St. N.W.
Washington, D.C. 20570-0001
Dear Member Hayes:
Our nation stands at the precipice of disaster, its future generations are indebted due to the overindulgent spending of politicians from both political parties. Our unemployment is untenably high, our welfare roles expanded beyond reason, both with no signs of easing. Meanwhile, our nation’s job creators are burdened with an over-regulating, activist government whose sole existence at this point is to appease special constituencies. It is for these reasons, and more, that you are urged to resign your position as a member of the National Labor Relations Board.
Given last year’s Supreme Court decision in New Process Steel, you know that the National Labor Relations Board must have three members to effectuate its rulings and decisions. You may recall the reason for the New Process Steel decision stemmed from Senate Democrats’ purposeful and calculating decision not to allow President Bush’s nominees to be confirmed as members to the National Labor Relations Board, as well as the blocking of any recess appointments.
With the expiration of Chairman Liebman’s term this past weekend, the NLRB is once again down to three members—two union appointees (newly appointed Chairman Mark Pearce and Member Craig Becker) and yourself. If you resign your position, the NLRB will become incapacitated—unable to wreak any more havoc on America’s job creators. Moreover, as long as Congress does not go into recess, thereby depriving the President the ability to recess appoint any more union extremists, America’s employers may begin to breathe with some ease again and, as a result, begin to create jobs.
With NLRB Member Becker’s recess appointment expiring in January, as long as Congress does not go into recess, the NLRB will be incapacitated anyway following the expiration of Becker’s recess appointment. However, the destruction that the union activists at the NLRB are capable of doing between now and January is without precedent, as evidenced by last Thursday’s NRLB mandate on all NLRB-covered employers to post union notices in their workplaces (or, as penalty, be charged with an unfair labor practice) that you and others have stated is without Congressional authority.
Member Hayes, America’s job creators cannot wait until January for there to be relief from the union extremists controlling our nation’s capitol. Unfortunately, the Obama NLRB has become nothing more than a tool for union bosses whose agenda is to unionize employers at the expense of both jobs and employee freedom. Only you, at this moment in time, have the ability to stop this. Hopefully, your resignation will help incapacitate the NLRB until after the 2012 elections, when the American people will have the ability to democratically decide the role our government should be playing in propping up labor union bosses.
Rest assured, many recognize the yeoman’s job you have done in providing thorough and well-reasoned arguments in your dissents. However, in nearly every case, you have been outvoted and the dissents you have given have been made irrelevant. Our nation can no longer afford to have a labor board that is solely doing union bosses’ bidding and the only way to stop this NLRB’s job-killing agenda is to incapacitate it.
While union bosses and their Democratic puppets may cry in hypocritical hysteria, there actions in vacating their positions (with labor union help) in Wisconsin and Indiana nullify any legitimacy to their complaints.
Member Hayes, as the lone individual at the NLRB who has the power to stop the insanity from this rogue agency, please resign.
On behalf of America’s job creators and the 93% of American workers who have chosen to remain or become union-free, please resign immediately.
With highest regards,
LaborUnionReport
________________
“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine, December 23, 1776
Cross-posted at LaborUnionReport.com and RedState.com







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59 Comments
I second the motion!!!
How about we just get rid of the labor relations board all together, along with all the other useless boards and agencies? If Hayes resigned they'd just change the rules or find a replacement to further the communist agenda.
Any agency that does not have to submit to congressional scrutiny must be dissolved and dis-banned. They are unConstitutional and illegal.
What good is this guy's resignation going to do?
The last sentence in this great piece is a statistic which we must remember. 93% are non-Union.
Here's another "likely" statistic, 93% of Politicians support Unions because Unions extort money, and give it to Politicians.
This will be our last chance to stop Unions and Politicians from converting us to Communism. Vote true Conservative or we die.
Well said resign yesterday and stop the madness NOW. Nothing is better than the command decision style, finger in the eye shove it down our throats labor Armageddon we now have.
It would be as effective as if Obama resigned. It would slow the conversion to Communism and give us a chance to get back to the single thing which could fix our economy, the free market.
But then, you knew that, you just post your little jabs and run away like the traitor and coward you are.
" … as long as Congress does not go into recess…"
That's a mighty big IF folks… What are the odds of Mr Diabolical, Cass Sunstein not being able to find a way for o-HOLE to "have his cake, and eat it too", on this issue, as he has on so many others?
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Anyone who ever wondered what communist infiltration in America would look like well just look at the last two and a half years in particular. They accomplish nothing good and destroy all that was good, and like any disease they don't go where they might be wanted but they attack and destroy that which would not have anything to do with them by choice. The level of idiocy and evil we see is being driven by Satan himself, also known as the liberal headmaster.
Disband and nullify any and all federal agencies not approved by Congress and which are not mandated by the Constitution of the United States. I am sure having him resign would lead to nothing more than a special executive order allowing the two union thugs to continue as they are.
Fire useless bureaucrats
So…you are finally admitting that you are too stupid to comprehend what you read? Congratulations! Acceptance is the final step of preparation for the road to recovery! You are now ready to enroll in the elementary school of your choice.
This is a dangerous idea, IMO. What would stop Obama from doing an appointment on the sly while Congress is out of session – as he has already done, way too much and some nasty @ass, Socialist chumps?
Congress really needs to start eliminating these antiquated, EVIL Boards and Agencies.
"Vote true Conservative or we die."
…or as close to it as you can find. Let's be realistic.
Whether it be this, or GunWalker or any of a whole host of other issues, the Establishment GOP is STUCK ON STUPID. They can have a royal flush, with the Democrats going all in and laying their cards face up on the table, showing a pair, and the Establishment GOP will still fold instead of call.
It is time to ask the GOP openly – Just what side are you really on???
This would be a fine gesture, but futile in the end IMO. Obama and Becker and Sunstein and all the rest are firmly in the grasp of the Purple-People-Beaters and all the rest of the unions. They will find a way around (or beneath) the rules and regulations because they must in order to keep the union money flowing into the Democrat war chests.
I don't see how it could hurt. The way things presently stand, we are accomplishing nothing. It could hardly get worse. Now we will see what kind of metal Mr. Hayes is forged from.
If he cares about business and an American recovery, he'd resign immediately. As described, he is doing a great job … but to do an even better job, he should leave and the NLRB will be effectively neutered – perfect solution.
….must have three members to effectuate its rulings and decisions.
With the expiration of Chairman Liebman’s term this past weekend, the NLRB is once again down to three members—two union appointees (newly appointed Chairman Mark Pearce and Member Craig Becker) and yourself. If you resign your position, the NLRB will become incapacitated—unable to wreak any more havoc on America’s job creators.
Try reading the article.
"What would stop Obama from doing an appointment on the sly while Congress is out of session"
The same thing that's stopping him from making recess appointments now. We have the House, and they are not going into full recess.
That being said, I kind of see this as a no-lose situation. NLRB is already doing whatever they want. This would at least give us the legal argument that they must stop their activities. Would it work? Maybe not. But really, what do we have to lose?
Lets take this a step further; how about all RINO's resign!
"It is time to ask the GOP openly – Just what side are you really on???"
Haha ……… Good question.
But really, it's not the "GOP" that we need to rely on. It's the populace. That's why I'm on a mission to spread the stories that the msm is not covering. You're doing the same thing. I see it all the time with your "GunWalker" posts. I applaud that.
To everyone reading this, develop your own list of links to stories not being covered by the msm, and spread them on EVERY SINGLE SITE that you visit. This is the only way we're going to get the populace informed on the important issues.
"I don't see how it could hurt"
Exactly.
Now, why would this admin allow the law to stop them?
My only question is , why didn't someone think of this sooner?
This guy resigns and a democrat will take his place.
In other news…Obama appoints Labor economist Alan Krueger to head the CEA (replacing Goolsbee who replaced Roemer.)
This is the clown who argued that minimum wage law INCREASE employment. Mises.org called him on that BS here: http://mises.org/daily/2596
I agree. Also, when has asking the good guy to resign and leaving the bad guys at the helm ever proven itself a sound strategy for victory?
Obvious Soros troll.
Rearranging the deck chairs on the Titanic will not close the bulk head doors . . .
June 17, 2011
To the Editor:
As I read Mrs. XXXXXXX rebuttal to my letter I could not help but recall that movie The Titanic by James Cameron. In my minds eye I can clearly see Mrs. XXXXXX standing outside the wheel house cheering on Captain Obama as he steers the ship of state not only into the iceberg, but then, throws the ship into full reverse to hit it again, just to be sure the ship is absolutely going to sink. Whether it is Obama, Cuomo, or even Weiner they are all reading from the same playbook written by liberal democrat after liberal democrat. Spend more, promise more, borrow more, regulate more, fight wars only when “we” run them otherwise wail like stuck pigs against them, and last but not least, don’t mind the stench of hypocrisy, oh no, we must full our noses with as much sanctimonious “but its for the children” as will fit to mask the stench.
My life experience guided by what I know to be true says we are in deep trouble and I’m trying to ring the alarm with these letters. If all of you want to live out the last days of prosperity in placid ignorance, you have that right, because better men, and these days women, from our local police and fire force’s right on up to every soul in the United State Military step into the breach to give you that opportunity. I recommend a hot cup of tea and the liberal media of your choice that does not challenge any assumption you have been taught to bleep just like the Phd XXXXXXX has done with such seeming certitude along with your thoughts in the same paper you know hold in your hands. I say nuts to all of it. We are trillions in debt and deficit and our problems from not having opened Yucca mountain to secure nuclear waste to the ATF letting thousands of guns in to the wrong hands only increases my angst.
We are free and will remain so because we cherish debate and the ballot and we can alter our course through that ballot box. We have for almost three generations accepted the notion that the liberal philosophy in either how we fight wars or how we live our daily lives is the answer. To accomplish this, both political parties have engaged in the “you scratch my back, I’ll scratch your’s” act. This “go along to get along” attitude has led us to a decade of combat against one side of the same muslim/arab coin, a destroyed dollar, and diminished standing among the free nations of the world, and a fantasy land interest rate environment that only Bozo the Clown Banker could love. Americans don’t lead by bowing to dictators or by apology. They hold their hand out and say to the world that we will do our level best to help you realize your freedom, but will not give up our freedom to be safe. Because as Benjamin Franklin once said a nation that is willing to give up its freedom for security will soon have neither. I may not be the smartest man, but I think old Franklin knew a thing or two about what it took to get the freedom that we seem so willing to give up and hand, our children, my children, the MasterCard bill for.
Joe Doakes
And who is this "we" you speak of? Sure, it would be great to get rid of the NLRB, but Hayes' resignation is an action that can be taken by the decision of one person and it's done. When you say "how about we just get rid" of the NLRB altogether, exactly how do you think that will be accomplished? Do you really think that could possibly happen? Yes, they would find a replacement or change the rules… but the point is that Hayes' resignation might throw a monkeywrench into the works, at least temporarily.
Maybe this time. Not only from invoking a Supreme Court decision in favor of the idea, but also by bringing the unconstitutional actions of the NLRB into the forefront of mainstream news. If it makes the lefties howl, it WILL make the evening news.
lol…did you even READ the post?
do they recess for Thanksgiving?…you KNOW obama will find away around this with a czar or something. He's the biggest POS to ever sit behind that desk. Also the weakest and traitorous.
Didn't realize they hadn't gone into a full recess, John. Thanks. And "would it work" …the O would surely find a way to get around "whatever" as he has already done so many times.
We've been hammering Gov. Scott and AG Bondi on the State Nullification issue. FL needs to severe as many ties from the Feds as possible – and start its own state bank like North Dakota has. ND is very solvent with an unemployment rate of 3%.
I'm not sure if that is an agreement or an indication you think it might hurt. It is a defining quality of the unforeseen that it possibly might have unintended consequences. The thought occurred to me that Obama might once again bend the Constitution to achieve his nefarious ends. I don't see how that would make matters any worse in this case though.
I say it's worth a shot.
Unions are the evil, stupid, parasitic cousin of government. They possess most of the negative attributes with none of the positive ones.
No, it's absolutely an agreement.
"The thought occurred to me that Obama might once again bend the Constitution to achieve his nefarious ends."
There's no doubt that he would, but we both know that's nothing new. I totally agree, it is definitely worth a shot. We simply have nothing to lose.
You remember the opening speech in the movie Patton? "Now, I don't want to hear anymore about you men dying for your country, your job is to make some other poor [German] b——- die for his country."
My point is: why should we be falling on our swords. Instead let's pursue ways to make the Libs fall on theirs. So, if the Congress wants to hold hearings and disband the NLRB, so much the better. But I am not sold on abandoning the one toe-hold Conservatives have on the board when its abolition is not assured.
Then we lose our majority and the Democrats win. We need to REPLACE the RINO's with conservatives of our own choosing. THAT is the path to victory.
How will that significantly change our current situation? Is a meaningless dissent so valuable to you that you would not risk losing it for the chance of an improvement?
i don't understand your arguement. i agree with the premise and i'm just wondering outloud how obama will work around it. did you think i didn't?
Thank you for the clarification. I was just checking to see if we were on the same page. I'm glad we are.
)
"You are now ready to enroll in the elementary school of your choice. "
LOL
Understand your point but, who's team are the RINOs on? They weaken the GOP Leadership, help give the Dems cover, set-up small groups to block real change and we think their on our side? Yes replacing them in 2012 is a top priority. But with a majority in name only its going to be business as usual i.e. conservatives lose.
No worries, once we have a Repub Potus, they'll deal with this traitorous org anyways…..
It's quite simple.
Every voting body in every regulatory agency MUST have a "quorum" i.e. 50% of its members plus 1 to hold any vote on any issue, if there are only two members the executive board cannot vote.
Secondly, as long as congress remains in session the president MAY NOT put forward a "recess appointment", the senate is charged with the duty of "Advise and Consent" under the constitution.
If the president makes an appointment during a session of congress the senate MUST approve that appointment.
Furthermore, under House rules, the speaker of the house may keep the house in "pro-forma" or non voting session for as long as he likes, even when members are on vacation so long as the speaker pro tempore gavels the house into session every three days.
The democrats no long hold a super majority in the senate and the republicans can simply filibuster any nominees from the president thereby rendering the NLRB completely impotent until after the next election.
This potential resignation completely shuts out the unions and it stops their march towards forced unionization in right to work states and non union companies.
A very smart strategy in my book but then again, I actually studied and I actually read the entire letter.
Maybe you should read it again and visit <a href="http://www.Thomas.gov” target=”_blank”>www.Thomas.gov to fully familiarize yourself with the rules of the House of Representatives and regulatory agency voting rules to avoid this type of naivety in the future.
Have a nice day!
OK. You do understand my argument…and you agree with it. I just misunderstood your comment to mean you thought it would be a bad idea.
Obama will definitely try to abuse his executive powers again to take advantage of the situation. Only this time, he will have nothing to gain by doing so and we can all point to the incident as a capricious abuse of power. It's a win-win for us. I just hope Mr. Hayes sees it the same way.
For the love of….
Please, print this article out and take it to someone with an IQ higher than 2. Ask them to explain it to you. Ask them to use small words.
"who's team are the RINOs on?" – Their own, of course. Sometimes that works to our advantage and other times not so much. At least we have the advantage of KNOWING they are weasels.
You have to admit that even with the RINO's in play we have had more success than in the previous two years. That much is self-evident. We are changing and controlling the conversation for starters. That is no small thing. The most important events in history usually have humble beginnings. Keep your eyes on the prize and don't get discouraged. This fight is going to be a long one.
No reason at all as long as they control the DOJ. Perhaps that power would be better off under Congressional control? Food for thought.
Yeah…I knew you'd like that one!
Heh heh. I'm still likin' it.
He won't resign.
He is afraid he will never find a job again in Obama's economy.
Nice try, using reason against someone's need to feed themselves and their family.
The Senate cannot go into recess without the consent of the House. The withholds consent and continues to meet pro forma. The President cannot make a recess appointment with the House in session and withholding consent for the Senate to recess.
Petey, see Mark Levin program from 08/18/11, these guys know many ways to usurp "the rules".
Are you sure we can trust Boehner & co? I'm NOT!!! As I said, too many IFs in this scenario, IMO.
.
Can't we just permanently shut down the National Labor Relations Board?
Please defund. NLRB. Planned Parenthood, NPR, Education, energy, the new divercity, epa, atf put those people on the unemployment line.
Let's not forget Obama's NLRB engaging in a full on assault on (6 million) small business owners in this country-trying to force them to unionize (without any Congressional or Constitutional authority, of course).
"We have to puh-puh-pick sides?!?! We never had to have any principles before! You Tea Partiers are ruining everything for us!"
– R(INO) National Committee
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