Boeing takes NLRB lawyer to task

At issue is a Boeing plan to build 787s at a plant in Charleston, S.C., instead of its home of Seattle, Wash. The NLRB sued to stop it, saying the decision was retribution for union members' strikes in Washington state.

On April 23, Solomon told The New York Times that Boeing "had a consistent message that they were doing this to punish their employees for having struck and having the power to strike in the future."

Luttig took issue not just with Solomon asserting the move to South Carolina was retaliatory, but that it was a "transfer" of work.

"As you well know, no work — none at all — was 'removed' or 'transferred' from Puget Sound," Luttig wrote to Solomon. "The second line for the 787 is a new final assembly line. As it did not previously exist in Puget Sound or elsewhere, the second assembly could not have been 'removed' from, 'transferred' or otherwise 'moved' to South Carolina."

Likely Republican presidential candidate Tim Pawlenty has used the NLRB's stance on the Boeing plant to accuse President Obama of being too friendly with unions. Republican Sens. Lamar Alexander of Tennessee and Lindsey Graham of South Carolina responded by saying they plan to introduce legislation this week that would strengthen the protection of right-to-work laws.

Luttig's full letter can be read here.