South Carolina lawmaker says Congress could consider 'removal' of NLRB in Boeing dispute

Duncan did not specifically say House Republicans would pursue legislation to eliminate or somehow defund the NLRB. For now, the South Carolina Republican said he has introduced legislation, H.R. 1047, that would defund NLRB lawsuits against states that protect workers' right to secret ballots in votes on whether to unionize.

ADVERTISEMENT
Duncan and other South Carolina members have railed against the NLRB's suit against Boeing, which they say could prevent the creation of thousands of jobs in the right-to-work state at a critical time. Duncan also accused the NLRB of having political motives behind the Boeing suit.

"Looking at the NLRB's policy and examining recent electoral maps, it's not difficult to see a policy that clearly rewards blue states while severely punishing red ones," he said. "Under the NLRB's interpretation of the law, a company with a union workforce anchored in a blue state could not expand or re-locate to a red state.

"Limiting where companies can conduct business sounds like something that would take place in China or the old Soviet Union, not here in the United States."

On May 6, Rep. Tim Scott (R-S.C.) and 43 members of the House asked President Obama in a letter to fire acting NLRB general counsel Lafe Solomon, the government lawyer who filed the complaint against Boeing. And on May 9, Sen. Jim DeMint (R-S.C.) and 18 Senate Republicans wrote to Obama warning that the NLRB's decision is making it harder to create jobs and "win the future," a reference to Obama's own stated goal for America.

"We consider this an attack on millions of workers in 22 right-to-work states, as well as a government-led act of intimidation against American companies that should have the freedom to choose to build plants in right-to-work states," the Senate letter said.

The letter added that Solomon has not been vetted or confirmed by the Senate, and asked Obama to withdraw Solomon's nomination as general counsel.

The NLRB is an independent agency that was founded in 1935 to help enforce the National Labor Relations Act. The body has five board members, all of which are appointed by the president and confirmed by the Senate.

However, one board member, Craig Becker, was recess appointed in February. Becker, a former lawyer for the Service Employees International Union and the AFL-CIO, had his nomination rejected by the Senate in February.