States oppose NLRB ruling in Boeing case

Sixteen state attorneys general called a federal labor charge against the Boeing Co. a “job-killing” action that ultimately will hurt unionized workers.

The attorneys general filed a legal brief on Thursday in response to allegations by the National Labor Relations Board that Boeing retaliated against Machinists for strikes in Washington when the jet maker picked South Carolina for a second assembly site.

The labor board “has misconstrued federal law in its complaint,” said Alan Wilson, South Carolina’s attorney general. “In fact, the federal government’s actions contradict federal law, which allows states to enact right-to-work laws without fear of retaliation from the NLRB.”

An administrative law judge is set to hear the labor board’s complaint against Boeing, beginning Tuesday in Seattle.

Boeing selected North Charleston, S.C., as home to its second 787 assembly line in October 2009, after a 57-day strike by its Machinists union in the Puget Sound in 2008. In his April 20 complaint, the board’s general counsel Lafe Solomon suggested Boeing put a second line in Washington to make amends.

This morning, Boeing will open its new $750 million facility in North Charleston, where it has hired 1,000 workers.

In their brief, the attorneys general took issue with Solomon’s interpretation of labor law.

“Under the general counsel’s theory, any employer that has ever endured a strike at its unionized facilities could be improperly charged with retaliation simply because the company exercised its discretion to open a new factory in a state with a more favorable business climate,” the attorneys general wrote.

After Boeing announced its South Carolina pick, company officials cited labor strikes every three years in the Puget Sound region as one of the reasons for their decision. The Machinists said their right to strike is protected under federal law. Boeing has denied that it was retaliating against the union, listing several factors in its decision including economic incentives provided by South Carolina.

Boeing has said that Solomon’s recommended remedy would “cause undue hardship on Boeing, its employees and the state of South Carolina.”

Greg Abbott, Texas’ attorney general, said the labor board’s action would stifle economic opportunity in Texas and across the country. If the labor board goes through with its complaint, it would “create perverse incentives and harm the business climate in every state,” the attorneys general wrote.

The brief, written by South Carolina and Texas’ attorneys general, was joined by the following states: Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Kansas, Michigan, Nebraska, Oklahoma, South Dakota, Utah, Virginia and Wyoming.

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