www.dykema.com

““DOUBLE DOUBLE TOIL AND TROUBLEDOUBLE DOUBLE TOIL AND TROUBLEFIRE BURN, AND CAULDRON BUBBLEFIRE BURN, AND CAULDRON BUBBLE””““DOUBLE DOUBLE TOIL AND TROUBLEDOUBLE DOUBLE TOIL AND TROUBLEFIRE BURN, AND CAULDRON BUBBLEFIRE BURN, AND CAULDRON BUBBLE””

Macbeth, Act 4, Scene 1Macbeth, Act 4, Scene 1

John A. Entenman400 Renaissance Center

Detroit, MI 48243

Three Scottish witches await Macbeth.

They want to double Macbeth’s troubles.

Objects used: eye of newt, poisoned entrails, etc.

Today: What doubles your troubles?

• A. The Public Sector Revolution

• B. The National Labor Relations Board

The Public Sector: Ferment/Unrest• Wisconsin• Indiana• Ohio• Michigan• Idaho• Massachusetts• New Jersey• New Hampshire• Tennessee• New York City

Spillover Effect on Private Sector• Energized unions (inflatable rats, anyone?)• Energized Administration

The National Labor Relations Board• Five members (when fully staffed)

– Four members today– 3 pro-union

– 3 members = quorum– Best management can do:

– lose 2-1

Legal pendulum NOT swinging management’s way

• Micro Units• Social Media• Secret Recordings• Bargaining (Tab A)

The Boeing CaseThe Boeing Case

IAM v Boeing v NLRB v Congress v “Intervenors”

Did Boeing unlawfully retaliate against IAM by opening new facility in South Carolina to assemble Dreamliners?

Claim: Because IAM has struck Boeing, in Washington State, five (5) times (1977, 1989, 1995, 2005, and 2008), and Boeing wanted a second source for that reason, Boeing has interfered with the union’s right to strike.

Unfair Labor Practice Hearing started June 14, expected to last several months.• Decision of ALJ = Spring, 2012?• Decision of NLRB = Fall, 2012?• Decision of Court of Appeals = ???