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Business group sues OSHA over 'union walk around rule'
The Hill ^ | September 8, 2016 | Lydia Wheeler

Posted on 09/08/2016 1:23:29 PM PDT by jazusamo

The National Federation of Independent Business (NFIB) is suing the Occupational Safety and Health Administration (OSHA) over its so-called union walk around rule.

The lawsuit, which the Pacific Legal Foundation filed on behalf of the small business advocacy group, charges that OSHA’s rule illegally foists union activists onto non-unionized businesses.

Attorneys with the legal foundation say OSHA has for decades allowed an employee representative to accompany an OSHA investigator on a workplace inspection, so long as the representative is in fact an employee.

But in 2013, the agency issued a memo that said an employee representative could be someone who is not an employee and, according to NFIB’s complaint, “lowered the standard for determining whether a third-party specialist may accompany the compliance officer.”

Before non-employees were allowed only if they were “reasonably necessary.” In the memo, OSHA said non-employees are allowed if they “will make a positive contribution.”

The change, the NFIB claims hurt its members.

“This ‘walk around’ rule essentially provides cover for what amounts to trespassing by union officials,” PLF Principal Attorney Joshua Thompson said in a statement.

“It gives union organizers the power to intrude on private workplaces and button-hole non-union employees, by deputizing these officials as government inspectors.”

In the complaint filed in the District Court for the Northern District of Texas, the NFIB says OSHA’s memo constitutes a rule and should have followed proper notice and comment rulemaking procedures under the Administrative Procedures Act.


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; US: Texas
KEYWORDS: corruption; labordepartment; nfib; obama; osha; texas; unions
Obama and his Labor Department are working overtime for his union thug buddies.
1 posted on 09/08/2016 1:23:29 PM PDT by jazusamo
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To: jazusamo

Well, has the union-national government filed this one in front of a compliant judge-jury-hangman yet?


2 posted on 09/08/2016 1:36:40 PM PDT by Robert A Cook PE (I can only donate monthly, but socialists' ABBCNNBCBS continue to lie every day!)
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To: jazusamo

This is Trumka’s contribution. Head of the
coal Miner’s union
My ex is from the former Soviet Union, The ship building area of Ukraine on the Dnepra River. The “Party” asked Olga, her mother, to join several times, and she always turned them down. So, if you belonged to the Communist Party, you would get the best jobs and pensions and effectively become part of the ruling class.
It’s like that commercial, “What if logger’s ruled the world?”


3 posted on 09/08/2016 1:52:00 PM PDT by usual suspect
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To: usual suspect

Yep, Trumka and 0bama are tight and have been since zero took office. Trumka was prez of the UMW but about the time zero was elected Trumka became prez of the AFL-CIO, he became a bigger thug.


4 posted on 09/08/2016 1:59:19 PM PDT by jazusamo (Have YOU Donated to Free Republic? https://secure.freerepublic.com/donate/)
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To: usual suspect

“What if logger’s ruled the world?”

https://www.youtube.com/watch?v=65UKKsSsRgQ


5 posted on 09/08/2016 2:26:25 PM PDT by DUMBGRUNT (Looks like it's pretty hairy.)
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To: DUMBGRUNT

Really? Are Coal Miner’s fit to rule the world? How about Community Organizer’s?


6 posted on 09/08/2016 2:50:59 PM PDT by usual suspect
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To: usual suspect

Trumka has been a hardcore leftist and played with several communist parties throughout his career in the UMW (Communist Party USA and the Trotskyite “Socialist Workers Party”. Good chance he supported protests of the even more Stalinist “Workers World Party” and their various fronts from PAM (Peoples Anti-War Mobilization) to “IAC” (International Action Center) and “ANSWER” (Act Now to Stop War and End Racism).

The WWP has been scrubbing their website of sponsors of their various protests over the years, so I’ve found one internal security website that is listing them - www.keywiki.org. Lots of familiar “progressives” and “social justice activists” on them.


7 posted on 09/08/2016 3:22:07 PM PDT by MadMax, the Grinning Reaper
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To: Robert A. Cook, PE
"Well, has the union-national government filed this one in front of a compliant judge-jury-hangman yet?"

Actually reading the article suggests that the opposite has occurred, that those opposed to this rule have filed a suit in North Texas, not exactly a hot-bed of union sympathizers...

8 posted on 09/09/2016 9:25:12 AM PDT by Redbob (#BlackLiesMatter)
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