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SHRM Newsletter: Vote Yes on H.R. 2587, the Protecting Jobs from Government Interference Act

09/14/2011

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September 14, 2011

This is Utah SHRM Legal-mail no. 2011-15 prepared for Salt Lake SHRM, the Human Resources Association of Central Utah (HRACU), the Northern Utah Human Resources Association (NUHRA), the Color Country Human Resources Association (CCHRA), the Bridgerland Society for Human Resource Management and Utah at-large members of the national Society for Human Resource Management (SHRM).

CONTENTS: Federal Legislative Action Alert from national SHRM

YOUR ASSISTANCE IS NEEDED!  On Thursday, September 15, the U.S. House of Representatives is scheduled to consider a bill to limit the National Labor Relations Board’s (NLRB, or the Board) authority under the National Labor Relations Act (NLRA) to veto a private employer’s decision on where to locate its employees.  Please urge your representative to vote yes on H.R. 2587, the Protecting Jobs from Government Interference Act.

Background

The Boeing Company decided in 2009 to expand its 787 Dreamliner aircraft production capacity outside of Washington State by investing in a new assembly plant in South Carolina. Boeing’s workforce in Washington is heavily unionized, whereas South Carolina is a Right-to-Work state. Boeing created about 1,000 jobs at the new South Carolina facility, none of which were at the expense of jobs in Washington.

On April 20, 2011, NLRB Acting General Counsel Lafe Solomon filed an unfair labor practice complaint against Boeing. It alleged that the company discriminated against union employees in Washington State by hiring employees at the new South Carolina plant. The NLRB called Boeing’s action a “transfer” of some Dreamliner work to South Carolina.

In short, the NLRB’s action seeks to second-guess the legitimate business decision by the company to establish a new production facility outside of the State of Washington.  The case is likely bound for federal court.

Legislation

In light of the NLRB action against Boeing, SHRM is supporting H.R. 2587, the Protecting Job from Government Interference Act.  It would simply amend the NLRA to prevent the Board from ordering an employer to:

1. restore any operations,
2. rescind any relocation or transfer, or
3. make an investment at a particular plant, facility or location

Action Needed

SHRM needs your help to share the HR perspective with the House of Representatives on this important employment issue.

To write your U.S. Representative using SHRM’s HRVoice program, follow these steps:

  1. Log onto the SHRM Advocacy Action Center by clicking HERE
  2. Please select the featured federal alert highlighted to the left by clicking the "Take action here" tab at the bottom of the alert
  3. Be sure to include your complete home mailing address.

Should you have any questions regarding H.R. 2587, please contact Michael Layman, SHRM’s Senior Associate, Government Relations at michael.layman@shrm.org

If you encounter any problems with this site, please contact David Lusk, SHRM’s Senior Associate, Member Advocacy, at (703) 535-6158 or david.lusk@shrm.org.

Written by: Employment Attorney, Michael Patrick O'Brien
Utah State and Salt Lake SHRM legal director
Email: mobrien@joneswaldo.com
Phone: 801-534-7315
Website: www.joneswaldo.com

Legal-mail is a legal and legislative update service sent out about twice a month to various Utah SHRM members and chapters. As a courtesy to SHRM, the Utah law firm of Jones Waldo Holbrook & McDonough P.C. underwrites the costs of the service. If you have any questions or comments, please contact Michael Patrick O'Brien.

Disclosure: These updates are merely updates and are not intended to be legal advice. Receipt of this information does not create an attorney-client relationship.