Friday, January 26, 2018

How to guarantee labor will lose


Demote essential senior civil servants so they must answer to political stooges. That way they would be incentivized to quit and be replaced with people who better understand what the president wants.

The Trump administration’s efforts to reverse the direction of federal labor policy appear to have accelerated with a proposal to demote the senior civil servants who resolve most labor cases.

Under the proposal, those civil servants — considered by many conservatives and employers to be biased toward labor — would answer to a small cadre of officials installed above them in the National Labor Relations Board’s hierarchy.

The proposal could pave the way for a pronounced shift in the day-to-day workings of the agency, making it friendlier to employers named in complaints of unfair labor practices or facing unionization drives.

Peter B. Robb, the agency’s general counsel and a Trump appointee, outlined the proposal this month in a conference call with the civil servants, known as regional directors, according to a letter sent by the directors to Mr. Robb.

The regional directors and their staffs typically resolve more than 85 percent of the roughly 20,000 cases filed with the agency each year over disputed labor practices without involving the general counsel, the top enforcement official.

The proposal follows a series of aggressive changes in posture at the agency since last fall, when Republicans gained a majority on the five-member board.

In early December, a mere two weeks into his tenure, Mr. Robb released a memo announcing the end of many of his predecessors’ initiatives, including a campaign against employers who improperly classify workers as contractors, and featuring a long a list of hot-button issues on which regional directors were required to seek input from his office.

“New general counsels will at some point signal cases they want to look at,” said Wilma B. Liebman, a former chairwoman of the labor board. “But this was so sweeping and so fast that it was just kind of startling.”

That same month, the agency overturned a key Obama-era ruling that had made it easier to hold companies responsible for labor-law violations at companies they do business with, such as franchisees and contractors.

Mr. Robb came to his position after a career largely spent representing management, including handling part of the Reagan administration’s litigation against the air traffic controllers’ union that waged an illegal strike in 1981. Most labor historians say the government’s hard line in firing the controllers contributed to organized labor’s decline in subsequent decades, said Joseph A. McCartin, a history professor at Georgetown University.

The labor board’s general counsel is confirmed by the Senate. The counsel has independent authority as a prosecutor, derived from the National Labor Relations Act, and performs other duties on behalf of the agency’s board, which acts as its highest court of appeals.

Demoting the regional directors — there are 26, including two vacancies — and inserting a new group above them would most likely require board approval. The regional directors’ account suggested that the new officials would probably be civil servants as well, rather than political appointees.

Michael J. Lotito, a lawyer with the management-side firm Littler Mendelson, who has discussed the proposal with officials at the agency, said they had assured him that it was largely a response to budget cuts reflecting a significant decline over several decades in the number of labor charges filed.

He said some of the savings could come from staff reductions among managers and supervisors at the regional offices, achieved in part through attrition.

The agency itself said that “given budgetary issues, the general counsel is assessing the current organizational structure for possible changes,” but added, “No specific plan involving the restructuring of our organization has been developed.”
Combine traditional Republican underfunding with the insertion of political termites and you can eliminate any protections labor might have enjoyed in the past. Just another stall in the Augean Stables that Trump and his handlers are creating in what was once a functioning government.

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