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Graves Examines Onerous NLRB & DOL Regulations on Small Businesses

WASHINGTON— House Small Business Committee Chairman Sam Graves (R-MO) today held a full committee hearing to examine decisions and proposed rules by the Department of Labor (DOL) and the National Labor Relations Board (NLRB) that some fear disadvantage small businesses in union organizing drives.

Specifically, the Committee examined four examples of the administration’s union favoritism: the NLRB’s decisions in Lamons Gasket Company and Specialty Healthcare and Rehabilitation Center of Mobile, changes to the union election process, a proposed rule from the DOL regarding the advice exemption, and the NLRB rule requiring employers to post notices in their businesses informing employees of their right to unionize.

“On one hand, you have President Obama touting his Executive Order directing government to cut red tape, while on the other, the NLRB and DOL are doing just the opposite in implementing new burdensome regulations on businesses. It appears that the Executive Order is adding up to nothing more than lip service.

“As our witnesses pointed out today, it is clear from recent cases the NLRB has an activist agenda that favors unions, waters down competition and subjects small businesses to unwarranted federal intrusion. This must be curtailed. Small businesses are our nation’s best job creators and our hope of economic recovery will be found in thriving small businesses.

“The NLRB does serve a purpose; however, business owners and employees want the freedom to decide what is best for their business, not bullied into union politics that may harm job creation and business growth in an already harsh economic environment.”

For hearing related documents, click here.

Notable Witness Quotes:
Beverly McCauley, President of Hunt Country Masonry in Leesburg, VA, said, “The NLRB would have you believe they are the big brother looking out for his younger sibling when in fact it is big government attempting to collect dues to pay off and support more like minded people to fund the agenda… [t]he NLRB and DOL are essentially leaving Congress and the American people out of the loop and taking employees’ ability to make informed decisions out of their hands as well.”

Mike Mittler, President of Mittler Brothers Machine and Tool in Wright City, MO, said, “In my over thirty years in manufacturing, it continues to astound me when the government seemingly takes the approach that the only way to a better, safer, and happier work environment is to join a union. For small businesses, it is quite the opposite. Employees have the freedom and flexibility to be partners with the owners and get the job done right and get it done fast… Small manufacturers such as Mittler don’t have the resources to keep up with every new rule and regulation coming out of Washington. Larger companies have full teams to help them navigate the red tape. We feel like we should spend more time manufacturing and creating jobs than deciding whether or not a poster is being clearly displayed.”

Elizabeth Milito, Senior Executive Counsel at the National Federation of Independent Business Small Business Legal Center in Washington, DC, said, “Along with the recent regulations proposed and promulgated by DOL and the NLRB, the Board issued a number of decisions that will only serve to bolster union rolls at the expense of small business. In our members’ opinions, these unabashedly pro-union decisions put politics above the best interests of this country by creating more uncertainty for small business owners at a time when they are trying to create jobs and get our economy back on track.”

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