Government By Executive Order

I remember back when President Obama was giving a campaign speech which started with him decrying those evil Special Interests. Funny guy he is, saying this to a gathering of union members.

Gee, if Unions are not a Special Interest I don't know what is. So having not other options he will use executive powers to reward that special interest.  The unfortunate thing is I doubt the rank and file will benefit.

Government By Executive Order
A new Labor Department plan shows the president still has wide power to implement an anti-business agenda.

By JOHN FUND


Because President Obama will now have a tough time getting his liberal agenda through a more Republican Congress, many Democrats are urging him to ram it through using the executive branch's unilateral power.


John Podesta, head of the Center for American Progress, even issued a list of executive orders and rule-makings last month that Mr. Obama can use to "push the country to a better place." If the Department of Labor is representative, his advice is in sync with moves already under way.


On Sept. 22, Labor's Office of the Solicitor—which employs 400 attorneys to enforce the nation's labor laws—issued a draft "operating plan" to dramatically increase pressure on employers. A source inside the department says the plan has been adopted.

One tactic to be employed by the department's Occupational Safety and Health Administration (OSHA) division will be to "deter [employers] through shaming." Ms. Smith told me she didn't know what that means. But whatever it might involve, it doesn't sound appropriate for an agency charged with carrying out the law in an even-handed fashion.


• "Engage in enterprise-wide enforcement." Ms. Smith said that means targeting multiple work sites of the same company. A department source says it also is likely to involve enforcement agents from the Wage and Hour Division and from OSHA showing up at the same time. The plan also calls for "Imposing shorter deadlines for implementing remedial measures in conciliation agreements and consent decrees."


• "Engage in greater use of injunctive relief," which means using court injunctions rather than fines to enforce compliance. The department plan also wants to "identify and pursue test cases" that could stretch the meaning of the law.

All of this is in stark contrast to the approach of the previous administration. "Laws and regulations at the local, state and federal level are a dizzying array of sometimes conflicting requirements," Elaine Chao, the secretary of labor from 2001 to 2009, told me. "The best way to protect workers is to help employers understand their legal obligations and promote collaborative working relationships between employers and workers on safety and other issues."



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