Death Is Not An Excuse

Every week the National Labor Relations Board (NLRB) publishes a summary of NLRB decisions. In the latest weekly summary, there was one decision that exemplifies government in general and the NLRB in particular, especially since obama weaseled in the NLRB's new director (more on this tomorrow).

The NLRB granted a Motion for Default Judgment based on the respondent’s failure to file an answer to the complaint. The Board found that the death of the company's owner and the insolvency of his estate did not constitute good cause for the failure to answer the complaint (source).

So, in addition to prosecuting companies for deciding to open new non-union plants, giving union pushers the ability to physically threaten voters, as well as legitimizing sweetheart unions, Obama’s National Labor Relations Board is now prosecuting dead people too.

What’s even more pathetic is the NLRB’s prosecution of said dead person is, in part, based on said dead person’s failing to respond to the NLRB.

"In the absence of good cause being shown for the failure to file a timely answer, we deem the allegations in the complaint admitted as true, and we grant the Acting General Counsel’s Motion for Default Judgment."

In other words, being dead is no longer a good enough cause not to respond and, as a result, the dead person is guilty.

A summary of the case:

In August 2010, the International Union of Operating Engineers unionized BLSI (the company in question, Gordon L. Wray Jr.). Shortly thereafter, the union requested to begin bargaining with the company. BLSI never responded to the union. As a result, the union filed unfair labor practices with the NLRB, which the NLRB found the company guilty of failure to respond.

"As a result of this scofflaw-like behavior, the NLRB has ordered the Respondent to perform specific remedies to correct this egregious violation of the law."

Remember now, at this point the Respondent is dead and his estate is insolvent.

The kicker - the Respondent, Gordon L. Wray, Jr. died on July 28, 2010. The union filing the complaint was certified in August 2010 - after the owner was dead.

So we have the NLRB ruling in favor of a union that didn't even exist while the business owner was alive. Furthermore, the NLRB found the business owner at fault for failing to respond to the NLRB after he was dead.

And we wonder why the government is incapable of, among many other things, managing the economy and resolving the debt crisis...