"The National Labor Relations Board (NLRB) has become a lightning rod for controversy under President Obama, with its aggressive actions fueling sustained warfare between business and labor."
FR: Never Accept the Premise of Your Opponent’s Argument
It is important to note that the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate intrastate labor. This is evidenced by a previous generation of state sovereignty-respecting justices who clarified that the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate intrastate commerce.
”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added].” —Gibbons v. Ogden, 1824.
And even if the states had delegated such powers to the feds, it remains that the Founding States had made the first numbered clauses in the Constitution, Sections 1-3 of Article I, evidently a good place to hide these clauses from Congress, to clarify that all federal legislative powers are vested in the elected members of Congress, not in the executive or judicial branches, or in non-elected federal bureaucrats like those running the NLRB.
So Congress has a constitutional monopoly on federal legislative powers whether it wants it or not. And by delegating federal legislative powers to NLRB, powers that Congress doesn’t have in the first place, corrupt Congress has blatantly ignored Sections 1-3 mentioned above.
The basic reason that the NLRB exists imo, is because the corrupt Senate failed to protect the states as the Founding States had intended for the Senate to do, the Senate doing so by not killing vote-winning bills which stole unique, 10th Amendment-protected state power to regulate labor.
The ill-conceived 17th Amendment needs to disappear, and corrupt senators and Constitution-ignoring federal bureaucrats like those running the unconstitutonal NLRB along with it.
Subcontracting, a very common business practice, will become virtually unworkable. The National Labor Relations Board recently decided that businesses that “indirectly” control employees’ working conditions also legally employ them. Most media coverage has focused on how this decision affects franchises, but the ruling goes far beyond them. If it stands, it will make contracting and subcontracting almost impossible.
The case before the NLRB dealt with a recycling plant, Browning-Ferris Industries (BFI). Browning-Ferris paid another company, Leadpoint, to sort recycling materials. Leadpoint employees separated paper, plastic, glass, etc., on conveyor belts. These conveyor belts fed into recycling equipment, which BFI employees ran.
Leadpoint’s staff decided whom they would hire and fire, what the employees would earn, and what shifts they would work. They chose whom to promote and whom to discipline. BFI, in turn, decided what hours their plant ran, which lines would run each day, and how fast the conveyor belts moved. BFI also monitored Leadpoint’s quality and performance. BFI once caught a Leadpoint employee drinking a pint of whiskey on the job and asked for his termination.
The NLRB decided that this constituted enough “indirect” control to make BFI a co-employer of Leadpoint’s workers. If they unionize, the union will bargain jointly with both companies..................."