On the recordApril 24, 2012
Mr. President, I will, obviously, yield to my good friend, Senator Enzi, for his closing remarks, but I again just want to point out that this ruling by the NLRB is imminently reasonable. They went through rulemaking, as I have said before, one of the most transparent boards we have ever had in history. Rather than going through the adjudicative process, they went through rulemaking and a comment period. People were allowed to come in, and they even had an oral hearing which is not even required by the Administrative Procedure Act. Mr. Hayes was allowed due time for filing dissents. He chose not to do so for whatever reason. So everything was complied with. In fact, they bent over backwards to even do more than what the Administrative Procedure Act requires under rulemaking. So that is No. 1. No. 2, the essence of the rule is eminently fair. It applies both to certification and decertification. There is no 10 days. I keep hearing about this 10 days. Mr. Hayes put that in his dissent, but there is nothing in the rule that requires a 10-day election. Nothing. Lastly, again, what is this all about? I will say it one more time. This is what it is about, this is it: This is Mr. Martin Jay Levitt who wrote a book, ``Confessions of a Union Buster.'' He was a consultant to businesses that didn't want to have unions formed, and here is what he said in his book. Here is the way they should do things if they don't want to have a union: [C]hallenge everything . . .…





