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221 Free State Reporting, Inc. 1378 221 UNITED STATES OF AMERICA NATIONAL LABOR RELATIONS BOARD | In the Matter of: | | PUBLIC MEETING ON PROPOSED | ELECTION RULE CHANGES | | | | The above-entitled matter came on for public meeting pursuant to notice at the National Labor Relations Board, 1099 14th Street, N.W., Margaret A. Browning Hearing Room #11000, Washington DC 20570, on Tuesday, July 19, 2011, at 9:00 a.m. Free State Reporting, Inc. 1378 Cape St. Claire Road Annapolis, MD 21409 (410) 974-0947 222 1 A P P E A R A N C E S 2 3 National Labor Relations Board: 4 5 WILMA B. LIEBMAN, Chairman 6 CRAIG BECKER, Board Member 7 BRIAN E. HAYES, Board Member 8 MARK GASTON PEARCE, Board Member 9 10 LES HELTZER, Executive Secretary 11 GARY SHINNERS, Deputy Executive Secretary 12 13 Morning Session Speakers: 14 15 PHIL ORNOT, United Steelworkers 16 FAITH CLARK 17 G. ROGER KING, Jones Day o/b/o Society for Human Resource 18 Management 19 PROF. PAUL F. CLARK, Department of Labor Studies and 20 Employment Relations, Penn State University 21 ELIZABETH MILITO, National Federation of Independent 22 Business, Small Business Legal Center 23 JOHN RAUDABAUGH, Nixon Peabody o/b/o National Federation of 24 Independent Business 25 CHRISTOPHER N. Grant, Schuchat, Cook & Werner 26 PATRICK J. O'NEILL, United Food and Commercial Workers 27 International Union 28 MAURICE BASKIN, Associated Builders and Contractors, Inc. 29 BRIAN BRENNAN, IBEW 30 HAROLD R. WEINRICH, Jackson Lewis LLP, o/b/o Atlantic Legal 31 Foundation 32 ELIZABETH BUNN, AFL-CIO 33 KIMBERLY FREEMAN BROWN, American Rights at Work 34 FRANCIS T. "TOM" COLEMAN, Printing Industries of America 35 SARITA GUPTA, Jobs with Justice 36 C. STEPHEN JONES, JR., Chandler Concrete Co., Inc. 37 PROF. DORIAN WARREN, Columbia University 38 Free State Reporting, Inc. 1378 Cape St. Claire Road Annapolis, MD 21409 (410) 974-0947 223 1 A P P E A R A N C E S 2 3 Afternoon Session Speakers: 4 5 LEXER QUAMIE, The Leadership Conference on Civil and 6 Human Rights 7 STEVE MARITAS, International Union, Security, Police and 8 Fire Professionals of America (SPFPA) 9 WILLIAM MESSENGER, National Right to Work Legal Defense 10 Foundation 11 JOSEPH L. PALLER, JR., Gilbert & Sackman 12 RUSS BROWN, Labor Relations Institute 13 DR. DEAN BAKER, Center for Economic and Policy Research 14 YONA ROZEN, Gillespie, Rozen & Watsky PC 15 R. BRIAN BIXBY/KARLA KOZAK, TWU International 16 JAY P. KRUPIN, Epstein Becker Green o/b/o National Grocers 17 Association 18 DAVID MADLAND, Center for American Progress Action Fund 19 MICHAEL E. AVAKIAN, The Center on National Labor Policy, Inc. 20 PETER J. LEFF, Graphic Communications Conference of the 21 International Brotherhood of Teamsters 22 DAVID KADELA, Littler Mendelson 23 PROF. KATE BRONFENBRENNER, Cornell School of Industrial and 24 Labor Relations Free State Reporting, Inc. 1378 Cape St. Claire Road Annapolis, MD 21409 (410) 974-0947 224 1 I N D E X 2 3 ITEM PAGE 4 5 OPENING STATEMENT - Wilma B. Liebman, Chairman 225 6 7 MORNING SESSION SPEAKERS: 8 Phil Ornot 229 9 Faith Clark 231 10 G. Roger King 234 11 Paul F. Clark 246 12 Elizabeth Milito 250 13 John Raudabaugh 252 14 Christopher N. Grant 259 15 Patrick J. O'Neill 265 16 Maurice Baskin 270 17 Brian Brennan 279 18 Harold R. Weinrich 283 19 Elizabeth Bunn 288 20 Kimberly Freeman Brown 298 21 Francis T. "Tom" Coleman 302 22 Sarita Gupta 308 23 C. Stephen Jones, Jr. 314 24 Prof. Dorian Warren 326 25 26 AFTERNOON SESSION SPEAKERS: 27 Lexer Quamie 333 28 Steve Maritas 335 29 William Messenger 343 30 Joseph L. Paller Jr. 352 31 Russ Brown 360 32 Dr. Dean Baker 370 33 Yona Rozen 376 34 R. Brian Bixby 384 35 Jay P. Krupin 389 36 David Madland 401 37 Michael E. Avakian 404 38 Peter J. Leff 414 39 David Kadela 422 40 Prof. Kate Bronfenbrenner 430 Free State Reporting, Inc. 1378 Cape St. Claire Road Annapolis, MD 21409 (410) 974-0947 225 1 P R O C E E D I N G S 2 (Time Noted: 8:56 a.m.) 3 CHAIRMAN LIEBMAN: Good morning, everyone, and welcome 4 to the second day of our open meeting of the National Labor 5 Relations Board. 6 My name is Wilma Liebman, and I am the Chairman of the 7 National Labor Relations Board. To my right are Board 8 Members Craig Becker and Brian Hayes, and to my left is Board 9 Member Mark Pearce. 10 This meeting concerns the Notice of Proposed Rulemaking 11 published in the Federal Register on June 22, which proposes 12 amendments to the Board's Rules and Regulations governing the 13 filing and processing of petitions relating to the 14 representation of employees for the purposes of collective 15 bargaining with their employer. 16 The Notice of Proposed Rulemaking set out a procedure 17 for filing written comments on the proposal, which are due by 18 August 22, 2011. 19 Yesterday and today at this open meeting, the Board is 20 providing another opportunity for interested persons to 21 provide their views on this important matter. 22 We had an excellent session yesterday hearing from a 23 very diverse group of speakers including practitioners, 24 workers, academics, and public policy advocates. 25 Today we have a similarly impressive line up of Free State Reporting, Inc. 1378 Cape St. Claire Road Annapolis, MD 21409 (410) 974-0947 226 1 speakers, and we are truly grateful for the showing of 2 interest and for the efforts of all the speakers to study the 3 proposal, to reflect on it and to share their reactions and 4 suggestions with us. 5 We know that this proposal has generated some 6 controversy, and we welcome the chance to have an airing of 7 views on this important subject. 8 We take this meeting very seriously, and we look forward 9 to hearing your thoughts about the proposals, how they would 10 work, what might work better, and I assure you that our minds 11 are open. 12 Now, I've been asked to cover a few housekeeping 13 matters, and for those of you who sat here yesterday, please 14 indulge me as I run through them again. 15 When you checked in, you were given a badge and a 16 number. Please keep those with you at all times. If you 17 leave the room, please take them with you. Speakers don't 18 need a number to attend the session during which you will 19 speak, but if you wish to stay for the afternoon, and we hope 20 you will, you must have a badge and a number. 21 Most important, when you leave the building for the day, 22 remember to return your badge and number so you can retrieve 23 your ID. 24 Please note also there are two exits from the room. The 25 main door is to my left through which you entered, and the Free State Reporting, Inc. 1378 Cape St. Claire Road Annapolis, MD 21409 (410) 974-0947 227 1 door to my right. No food or beverages are allowed in this 2 room. 3 Bathrooms are located outside the hearing room, both to 4 the right and to the left. We have staff in the hallway to 5 escort you either to the restrooms or down to the first floor 6 in the elevators. We ask that you not wander around the 7 building and other areas. 8 Today's meeting will be divided into two sessions, a 9 morning and afternoon. In addition to a lunch break that 10 will begin at about noon, we will take a midmorning and a 11 midafternoon break. Please limit your walking around the 12 room as much as possible, but if you have to leave during the 13 session, please move quietly to the nearest exit. 14 If you are a speaker, you are welcome to remain in the 15 room to listen to other speakers. If you prefer to leave, 16 you may obviously do so. 17 Now, let me quickly review the guidelines for our 18 speakers. We are going to follow the order of speakers 19 that's set out on the list that was handed to you as you 20 entered the room. It's been suggested that we might have a 21 surprise appearance from a large balloon at some point, but 22 every person making an oral presentation will be given five 23 minutes to present his or her remarks. The Board Members 24 will then have the opportunity to pose questions after which 25 the speaker will be excused. Free State Reporting, Inc. 1378 Cape St. Claire Road Annapolis, MD 21409 (410) 974-0947 228 1 Each speaker should be ready to proceed in turn and 2 should move promptly to the podium when called. We ask that 3 you introduce yourself and indicate who you are representing, 4 if anyone. If you have someone with you, you may also 5 introduce that person. Your five minutes will begin after 6 your introductions. 7 Our Deputy Executive Secretary Gary Shinners, who is 8 seated below me to my right, will be our timekeeper. There 9 are lights on the podium to assist you. Your five minutes, 10 as I said, will start after the introductions, and the green 11 light will turn on. The yellow light will indicate you have 12 one minute remaining, and the red light indicates that your 13 time has expired.
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