More on the Boeing NLRB Case
An alert reader alerted me to this article at the Volokh Conspiracy about some positive developments in the aforementioned Boeing case. The attorneys general of 16 states (including 2 without right-to-work laws) have filed an amicus brief (read it here) supporting Boeing in its fight against the NLRB, noted in the last post.
This is nice to see, since it represents a critical defense of two things: first, the necessary right of private companies to determine what makes sense for their own businesses; and second, the rights of individual states to regulate – or not regulate – their labor markets.
The rationale is summed up nicely here:
Explaining the reason for the brief, SC AG Alan Wilson said in a press release: “Unless deterred, the NLRB’s unprecedented proceedings against a company’s private business decisions will cause irreparable harm to the business climate in every state and will undoubtedly create an exodus of jobs from our country.”
Also, according to the article, it is “quite unusual” to see a brief like this at this stage of the proceedings. Remember that the case will first be heard by an administrative law judge in a captive kangaroo court run by the NLRB. Briefs usually wait for the appellate stage, since this takes place in federal court and is far less likely to be a rubber stamp for whatever the unions want. But it is nice to see a vigorous defense this early in the proceedings, since it indicates that states are taking this as seriously as is warranted.