An Open Letter to GOP NLRB Member Brian Hayes: Please Resign Immediately

Brian Hayes, Esq.
National Labor Relations Board
1099 14th St. N.W.
Washington, D.C. 20570-0001

Dear Member Hayes:

Our nation stands at the precipice of disaster, its future generations are indebted due to the overindulgent spending of politicians from both political parties. Our unemployment is untenably high, our welfare roles expanded beyond reason, both with no signs of easing. Meanwhile, our nation’s job creators are burdened with an over-regulating, activist government whose sole existence at this point is to appease special constituencies. It is for these reasons, and more, that you are urged to resign your position as a member of the National Labor Relations Board.


Given last year’s Supreme Court decision in New Process Steel, you know that the National Labor Relations Board must have three members to effectuate its rulings and decisions. You may recall the reason for the New Process Steel decision stemmed from Senate Democrats’ purposeful and calculating decision not to allow President Bush’s nominees to be confirmed as members to the National Labor Relations Board, as well as the blocking of any recess appointments.

With the expiration of Chairman Liebman’s term this past weekend, the NLRB is once again down to three members—two union appointees (newly appointed Chairman Mark Pearce and Member Craig Becker) and yourself.  If you resign your position, the NLRB will become incapacitated—unable to wreak any more havoc on America’s job creators. Moreover, as long as Congress does not go into recess, thereby depriving the President the ability to recess appoint any more union extremists, America’s employers may begin to breathe with some ease again and, as a result, begin to create jobs.

With NLRB Member Becker’s recess appointment expiring in January, as long as Congress does not go into recess, the NLRB will be incapacitated anyway following the expiration of Becker’s recess appointment. However, the destruction that the union activists at the NLRB are capable of doing between now and January is without precedent, as evidenced by last Thursday’s NRLB mandate on all NLRB-covered employers to post union notices in their workplaces (or, as penalty, be charged with an unfair labor practice) that you and others have stated is without Congressional authority.


Member Hayes, America’s job creators cannot wait until January for there to be relief from the union extremists controlling our nation’s capitol. Unfortunately, the Obama NLRB has become nothing more than a tool for union bosses whose agenda is to unionize employers at the expense of both jobs and employee freedom. Only you, at this moment in time, have the ability to stop this. Hopefully, your resignation will help incapacitate the NLRB until after the 2012 elections, when the American people will have the ability to democratically decide the role our government should be playing in propping up labor union bosses.

Rest assured, many recognize the yeoman’s job you have done in providing thorough and well-reasoned arguments in your dissents. However, in nearly every case, you have been outvoted and the dissents you have given have been made irrelevant. Our nation can no longer afford to have a labor board that is solely doing union bosses’ bidding and the only way to stop this NLRB’s job-killing agenda is to incapacitate it.

While union bosses and their Democratic puppets may cry in hypocritical hysteria, their actions in vacating their positions (with labor union help) in Wisconsin and Indiana nullify any legitimacy to their complaints.

Member Hayes, as the lone individual at the NLRB who has the power to stop the insanity from this rogue agency, please resign.


On behalf of America’s job creators and the 93% of American workers who have chosen to remain or become union-free, please resign immediately.

With highest regards,



“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine, December 23, 1776

Cross-posted at


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