The Wall Street Journal published a very instructive piece a few days ago from Home Depot founder Bernie Marcus, who along with the boss co-founded
Job Creators Network - an organization that seeks to educate Americans about how jobs are really created by risk-takers in the free enterprise system, and how big government almost always acts as an impediment to this.
Why do 60 percent of small businesses think Washington is hostile to their job creation efforts? Because,
Marcus explains, it is:
On Jan. 25, a panel of the D.C. Circuit Court of Appeals ruled in Noel Canning v. NLRB that the president's appointment of three members to the five-member board in 2012 exceeded his constitutional authority to make recess appointments—since the Senate said it was not in recess. The court overturned the NLRB decision against a family-owned bottling company in a dispute with the Teamsters. Without a legal quorum, every NLRB decision in the past 12 months is at risk.
This came about because of the board's outrageous action in an earlier dispute. In 2009,
Boeing BA +2.05% decided to assemble airplanes in South Carolina with 1,000 well-paid but nonunion employees. The machinist's union complained. The NLRB sued Boeing to stop the new nonunion plant. The labor board dropped the case in late 2011 after the union and Boeing compromised. But Sen. Lindsey Graham (R., S.C.) pledged to block future appointments to the NLRB, and Mr. Obama appointed new board members during a January 2012 break in Senate action.
These unconstitutional appointees have lived up to Sen. Graham's fears: They continue to inhibit job creation by fostering workplace uncertainty. In May, the board used its power to determine what constitutes an "appropriate bargaining unit" to impose so-called micro-unions on employers—like organizing only the shoe department at Bergdorf Goodman in New York City—that fragment the workforce and can disrupt businesses.
A month later, the board's decision to continue pursuing "quickie" elections virtually assured that unions will win more organizing elections by forcing workers to vote a mere eight to 10 days after a union petition is filed. This makes it harder for employers to present their point of view and for employees to make an informed choice.
Be sure to read the whole thing.
Bernie Marcus has single-handedly created more jobs than Barack Obama or the members of the NLRB will ever even dream of, and it's a shame the mainstream media do not go to a man like this for an understanding of how entrepreneurs really drive the prosperity of this nation.
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