NLRB Production 6

1
Microsoft Outlook
From: Solomon, Lafe E.
Sent: Thursday, May 05, 2011 11:11 AM
To: Kearney, Barry J.; Mattina, Celeste J.; Abruzzo, Jennifer; Ahearn, Richard L.
Subject: Fw: House Committee on Education and the Workforce Oversight Request
Attachments: image001.png; image002.png; image003.png; image004.png; image005.png; 05-05-2011 -
Letter to Lafe Solomon - NLRB on Boeing Text.pdf
--------------------------
Sent from my BlackBerry Wireless Handheld
From: Kaplan, Marvin <Marvin.Kaplan@mail.house.gov>
To: Solomon, Lafe E.
Cc: Garza, Jose; Gilroy, Ed <Ed.Gilroy@mail.house.gov>; Serafin, Kenneth <Kenneth.Serafin@mail.house.gov>; Newell,
Brian <Brian.Newell@mail.house.gov>; Pearce, Krisann <Krisann.Pearce@mail.house.gov>
Sent: Thu May 05 11:00:51 2011
Subject: House Committee on Education and the Workforce Oversight Request
Attached is a request for documents and communications relating to April 20, 2011 complaint against The Boeing
Corporation. We look forward to your timely and complete response.
Marvin E. Kaplan
Professional Staff Member
Committee on Education and the Workforce
2181 Rayburn House Office Building
Washington, D.C. 20515
(202)225-4527
NLRB-FOIA-00004677
NLRB-FOIA-00004678
May 5, 2011
Lafe E. Solomon
Acting General Counsel
National Labor Relations Board
1099 14
1
h Street, N.W.
Dear Acting General Counsel Solomon:
The National Labor Relations Board's (NLRB) recent action against The Boeing Company is deeply
troubling. Although the facts of the case are still in dispute, its eventual outcome could have significant
consequences for job-creators and workers. In light of the potential impact on the nation's workforce,
apparent inconsistencies surrounding the NLRB's April20, 2011 complaint merit further explanation.
As you are aware, on March 26,2010, the International Association of Machinists and Aerospace
Workers District Lodge No. 751 filed a charge with the NLRB claiming Boeing violated sections 8(a)(3)
and 8(a)(l) of the National Labor Relations Act (NLRA). Central to the charge is Boeing's decision to
locate a second 787 Dreamliner assembly line in Charleston, South Carolina. The complaint references
alleged statements made by Boeing officials between October 2009 and March 2010 that work stoppages
were one reason for choosing the new location.
When asked about the charge in June 2010, the NLRB regional director Richard Ahearn told The Seattle
Times "it would have been an easier case for the union to argue if Boeing had moved existing work from
Everett, rather than placing new work in Charleston."
1
He was also unable to point to any "bright line"
rule to determine whether the company's actions violated the law.
2
Finally, the regional director stated
"an initial ruling is weeks away."
3
More than 10 months later on April 20, 2011, Mr. Ahearn issued a complaint. In contrast to previous
statements, he now alleges Boeing "transferred" work from Washington.
4
According to the regional
1
Gates, Dominic, Machinists file unfair labor charge against Boeing over Charleston, The Seattle Times, June 4, 2010.
A vai lab le at
!d.
3 !d.
4
Complaint and Notice of Hearing: The Boeing Company and International Association of Machinists and Aerospace Workers
District Lodge 751, Case 19-CA-32431, Page 5.
NLRB-FOIA-00004679
Acting General Counsel Lafe Solomon
May 5, 2011
Page 2
director, the transfer of the assembly line in conjunction with alleged comments made by company
officials violates the NLRA.
5
While we understand that no union employee at the Puget Sound facility has lost his or her job or been
financially harmed by what appears to be a legitimate business decision, the NLRB is seeking an
extraordinary remedy that requires Boeing to relocate its operations across the country.
6
This would have
a detrimental impact on the economy and workers of South Carolina, as well as have a chilling effect
upon businesses across the country.
The pivot in position by NLRB officials, as well as the unusual timing, raises serious concerns that
warrant congressional inquiry. To better understand the appropriateness and evolution of this complaint,
provide the following no later than May 19, 2011:
1. A description of what transpired between June 2010 and April 2011 that led the NLRB to alter its
opinion in this matter;
2. All documents and communications between the NLRB Region 19 office and the NLRB National
office addressing the Boeing complaint;
3. All documents and communications that support the NLRB's position that work is being
"transferred" in this case; and
4. Past precedent that supports a finding that Boeing violated sections 8(a)(3) and 8(a)(l) ofthe
NLRA when it decided to locate, not transfer, a second assembly line.
Thank you for your cooperation in this matter. If you have any questions regarding this request, please
contact Marvin Kaplan of the Committee staff at (202) 225-71 01.
Sincerely,
Chairman
Education and the Workforce Committee
Chairman
Subcommittee on Health, Employment, Labor
and Pensions
cc: The Honorable George Miller, Senior Democratic Member, Education and the Workforce Committee
cc: The Honorable Robert Andrews, Senior Democratic Member, Subcommittee on Health, Employment,
Labor, and Pensions
5
/d. at 6.
6
!d. at 7-8.
NLRB-FOIA-00004680
NLRB-FOIA-00004681
Acting General Counsel Late Solomon
May 5, 2011
Page 4
10. If any the requested information is reasonably in machine-readable form
on a computer server, hard
' " ' " ' " ' ' ~ '
1 1
" ' " ' staff to determine
cornp11ter backup tape), you should consult with the
to produce the information.
the request cannot be made in fulL v ' " ' " ~ ' ' ' " " ' ~ " be made to the extent
include an full '-V'"f'' ""'"'"'
12. ln the event that a is withheld on the basis of privilege, provide a privilege log
containing the following information concerning any document the n'"'"''''n"' asserted;
type of document; (c) the subject matter: (d) the date, author and ad<jre:ssee:
relationship ofthe author and to each other.
13. If any document responsive to this request was, but no longer is, in your or
'"-llll1\,fl. identify the document (stating its date, author, subject recipients) and explain the
CUCUJnstan<ces under which the document to be in your possession, , or controL
set in request referring to a document is inaccurate.
descriptive is known to you or is the
the request, should produce all documents
or
doi.'l't'lnti>rt> detail were correct.
15. time period ""''
1
''''"" by this is in the request. To the extent a time
period is not produce relevant documents from January 1, 2009 to the present.
as
16. in nature and to newly-discovered information. Any record,
document, of data or information, not produced because it has not been located or
discovered by the return date, shall produced immediately upon subsequent location or
17. documents be Bates-stamped seq1uentJ::tll\ and produced sequentially.
18. I\vo sets of documents be delivered, one set to the Majority in Room 2181 of the
Rayburn IIouse Office Building and one set to the Minority Staffin Room 2101 ofthe Rayburn
House Office Building.
19. completion of the document production, you should a written cc1iification. by
you or your that: (1) a diligent has been completed of all documents in your
possession, or control which reasonably could contain documents; and
documents located during the that are responsive have been produced to the Comnrntt.ee.
NLRB-FOIA-00004682
May 5, 2011
Page 5
Definitions
I. rhe term means any written, recorded, or graphic matter nature
regardless how recorded, or copy. including, but not limited to, the
following: memoranda, reports, expense reports. books, manuals, instructions, financial reports.
papers, records, notes, letters. notices, confirmations, telegrams, receipts, apprzus<us,
pamphlets, magazines, newspapers. prospectuses, inter-office and intra-office communications,
electronic mail notations of any type of conversation, telephone calL
meeting or communication, bulletins. printed matter, printouts. teletypes, invoices,
transcripts, diaries, returns. summaries, minutes, bills, estimates, projections.
comparisons, messages, press circulars, financial reviews,
studies and investigations, questionnaires surveys. and \Vork (and all
dratl:s. preliminary modifications, revisions, amendments of any
of the foregoing, as as any or thereto), or
representations of any kind without limitation, photographs, microfich1.:;,
microtilm. recordings and motion pictures). and electronic, mechanicaL and""'''"'"'
records or representations any kind (including. limitation, tapes, disks, and
recordings) and printed, or other or matter of any kind or
nature, however produced or reproduced, preserved in writing, film, tape, disk,
vicleotar:)e or A document bearing any notation not a part of the text is to be
considered a document. draft or non-identical copy is a separate document within the
meaning of this term.
2. 'Ihe term "communication" means manner or means of disclosure or
6.
information, regardless of means utilized, whether electronic, by document or oHlPriMl''f'
whether in a meeting. by telephone. emaiL regular maiL telexes, releases, or
terms broadly
orthis request information bring within the
outside its The singular includes plural number. and
neuter genders. feminine
conjunctively or disjunctively to
might othenvise be construed to
versa. rhe masculine inc! udes
The terms or '
1
persons" mean natural persons, firms, partnerships, associations,
corporations, subsidiaries, divisions, departments, joint proprietorships. syndicates, or
other legaL business or government entities, and all subsidiaries, affiliates, divisions, departments,
branches, or units thereof.
The term "identify," in a question about individuals, means to provide the following
information: individual's complete name and title; and (b) the individual's business
and phone number.
term or relating," \vith to any
embodies, reflect identifies, states.
any manner
subject means that eoilStJltutc:s.
with or is pertinent to that subject in
NLRB-FOIA-00004683
NLRB-FOIA-00004684
NLRB-FOIA-00004685
NLRB-FOIA-00004686
NLRB-FOIA-00004687
1
Microsoft Outlook
To: Garza, Jose
Cc: Kearney, Barry J.; Abruzzo, Jennifer
Subject: Re: House Committee on Education and the Workforce Oversight Request
Attachments: image001.png; image002.png; image003.png; image004.png; image005.png
I am on the plane and it is a 3 hour flight. I am willing to call around 4 your time but feel free to decide everything without
me. I trust my team.
. Thanks, Lafe
--------------------------
From: Garza, Jose
Sent: Thu May 05 11:18:07 2011
Barry and Jennifer,
Do you and the rest of your team have a few minutes to meet about this? We can get Lafe on the phone during or after if
he is available.
Thank you,
Jose
To: Garza, Jose
Sent: Thu May 05 11:12:26 2011
I'm on my way to dallas. We can talk by phone if you are available. I forwarded the request to barry kearney, jennifer,
celeste, and ahearn.
--------------------------
From: Garza, Jose
Sent: Thu May 05 11:06:10 2011
Lafe,
I'm on my way into the office now. Do you have time to meet about this today?
Thank you,
Jose
Exemption 5
NLRB-FOIA-00004688
2
Sent: Thu May 05 11:00:51 2011
Marvin E. Kaplan
(202)225-4527
NLRB-FOIA-00004689
NLRB-FOIA-00004690
NLRB-FOIA-00004691
NLRB-FOIA-00004692
NLRB-FOIA-00004693
NLRB-FOIA-00004694
1
Microsoft Outlook
From: Abruzzo, Jennifer
Sent: Thursday, May 05, 2011 12:05 PM
To: Mattina, Celeste J.
Subject: FW: House Committee on Education and the Workforce Oversight Request
Attachments: image006.gif; image007.gif; image008.gif; image009.gif; image010.gif
To: Garza, Jose
Thanks, Lafe
--------------------------
From: Garza, Jose
Sent: Thu May 05 11:18:07 2011
Barry and Jennifer,
he is available.
Thank you,
Jose
To: Garza, Jose
Sent: Thu May 05 11:12:26 2011
--------------------------
From: Garza, Jose
Sent: Thu May 05 11:06:10 2011
Exemption 5
NLRB-FOIA-00004695
2
Lafe,
Thank you,
Jose
Sent: Thu May 05 11:00:51 2011
Marvin E. Kaplan
(202)225-4527
NLRB-FOIA-00004696
NLRB-FOIA-00004697
NLRB-FOIA-00004698
NLRB-FOIA-00004699
NLRB-FOIA-00004700
NLRB-FOIA-00004701
1
Microsoft Outlook
To: Kearney, Barry J.; Mattina, Celeste J.
Cc: Solomon, Lafe E.
Subject: RE: House Committee on Education and the Workforce Oversight Request
Theres a meeting at 3pm in GC suite to discuss. Thanks.
To: Garza, Jose
Thanks, Lafe
--------------------------
From: Garza, Jose
Sent: Thu May 05 11:18:07 2011
Barry and Jennifer,
he is available.
Thank you,
Jose
To: Garza, Jose
Sent: Thu May 05 11:12:26 2011
--------------------------
From: Garza, Jose
Sent: Thu May 05 11:06:10 2011
Exemption 5
NLRB-FOIA-00004702
2
Lafe,
Thank you,
Jose
Sent: Thu May 05 11:00:51 2011
Marvin E. Kaplan
(202)225-4527
NLRB-FOIA-00004703
NLRB-FOIA-00004704
NLRB-FOIA-00004705
NLRB-FOIA-00004706
NLRB-FOIA-00004707
NLRB-FOIA-00004708
1
Microsoft Outlook
Sent: Tuesday, May 10, 2011 5:54 PM
To: Solomon, Lafe E.; Mattina, Celeste J.
Subject: Hitting the big time?
Apparently our Boeing case was just debated on of all things the Glenn Beck show. I'm
trying to get details.
--------------------------
NLRB-FOIA-00004709
1
Microsoft Outlook
To: Schiff, Robert; Garza, Jose
Subject: Fw: Hitting the big time?
Fyi
--------------------------
----- Original Message -----
Sent: Tue May 10 17:54:29 2011
--------------------------
NLRB-FOIA-00004710
1
Microsoft Outlook
From: Frankl, Joseph F.
Sent: Monday, May 16, 2011 2:05 PM
To: Cleeland, Nancy
Cc: Abruzzo, Jennifer
Subject: RE: Bill Gould quote on Boeing in ChiTrib?
Internal, meaning to staff? Maybe.
From: Cleeland, Nancy
Sent: Monday, May 16, 2011 10:39 AM
To: Frankl, Joseph F.
Yes, saw Media Matters and they did a follow up too, I think over the weekend. Too bad their reach is so limited.
Probably no value in an internal statement by Lafe about all the hoopla, you think?
Nancy Cleeland
NLRB Director of Public Affairs
(202) 273-0222
nancy.cleeland@nlrb.gov
To: Cleeland, Nancy
1. I seriously doubt it.
2. Probably. Im sure there are some who think its a long-shot legally (I dont see it having a prayer
in the current Supreme Court b/c its a punch to the gut of business prerogative against a name-brand
corporation, but I read the Advice memo and I think its a perfectly viable case under current law). Im
also sure there are others who get very squeamish when we stick our necks out, so while they may
agree in theory they think its ill-advised.
Have you seen the Media Matters takedown of the nay-sayers?
Do you think he talked to people in the agency before saying that? Are people internally second-guessing the complaint?
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004711
2
To: Cleeland, Nancy
Hey, cmon, he saved baseball .
Subject: Re: Bill Gould quote on Boeing in ChiTrib?
I can see why he is so fondly remembered
To: Cleeland, Nancy
Sent: Mon May 16 12:46:31 2011
Its consistent with what I was told. No one ever accused him of being a shrinking violet.
Does this person who knows him think thats what he really said? If so its outrageous for him to be weighing in on a GC
case without having all the facts. Outrageous.
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Subject: Bill Gould quote on Boeing in ChiTrib?
Someone who knows him said he said hes being quoted in todays paper.
NLRB-FOIA-00004712
1
Microsoft Outlook
From: Mattina, Celeste J.
Sent: Friday, June 10, 2011 1:32 PM
To: Garza, Jose; Cleeland, Nancy
Subject: South Carolina hearing
By the way, Lafe is inclined to ask both of you, and nobody else, to go with him to the
South Carolina hearing.
You know, Jen, some people get ALL of the plum assignments.
NLRB-FOIA-00004713
1
Microsoft Outlook
To: Mattina, Celeste J.; Garza, Jose; Cleeland, Nancy
Subject: RE: South Carolina hearing
I think that hes just afraid well steal the limelight!
To: Garza, Jose; Cleeland, Nancy
Subject: South Carolina hearing
By the way, Lafe is inclined to ask both of you, and nobody else, to go with him to the
South Carolina hearing.
You know, Jen, some people get ALL of the plum assignments.
NLRB-FOIA-00004714
1
Microsoft Outlook
Sent: Thursday, June 16, 2011 6:00 PM
To: Garza, Jose; Abruzzo, Jennifer; Cleeland, Nancy
Subject: RE: Boeing hearing
Finally!! Have a good trip, we will be thinking about you all the time, so you better call
us after it is over
From: Garza, Jose
To: Abruzzo, Jennifer; Mattina, Celeste J.; Cleeland, Nancy
Subject: Fw: Boeing hearing
Fyi
From: Naill, Adam (HELP Committee) <Adam_Naill@help.senate.gov>
To: Garza, Jose
Sent: Thu Jun 16 17:23:58 2011
Subject: FW: Boeing hearing
Chairman Harkin did an interview with an Iowa reporter today and really hammered on the inappropriateness of the
South Carolina hearing. See attached.
Adam Naill
Labor Counsel
Committee on Health, Education, Labor and Pensions
(202) 224-5441
Lafe Solomon
Lafe Solomon
NLRB-FOIA-00004715
1
Microsoft Outlook
I think the coverage I have seen so far has been good. To the extent that they have
quoted you, they have focused on your interest in trying to settle this dispute and your
expressions of empathy for the workers of South Carolina
Rich tells me the reporters at the hearing have been bored to death and left town He
feels very good about the fact you gave nothing away, the democrats were stronger
supporters than expected, and the republicans were not as vicious as we thought,
although I felt like kicking some of them from time to time
South Carolina and Seattle will recede to the background and will maybe even be
forgotten for the moment, in next weeks media blitz
Enjoy your weekend, and feel good, we are proud of you for standing up to those
bullies!
NLRB-FOIA-00004716
1
Microsoft Outlook
To: Mattina, Celeste J.; Solomon, Lafe E.
Subject: Re:
I agree. So far, you are coming off very well in the press. Cheers!
--------------------------
Sent: Fri Jun 17 17:34:30 2011
Subject:
I think the coverage I have seen so far has been good. To the extent that they have
quoted you, they have focused on your interest in trying to settle this dispute and your
expressions of empathy for the workers of South Carolina
Rich tells me the reporters at the hearing have been bored to death and left town He
feels very good about the fact you gave nothing away, the democrats were stronger
supporters than expected, and the republicans were not as vicious as we thought,
although I felt like kicking some of them from time to time
South Carolina and Seattle will recede to the background and will maybe even be
forgotten for the moment, in next weeks media blitz
Enjoy your weekend, and feel good, we are proud of you for standing up to those
bullies!
NLRB-FOIA-00004717
1
Microsoft Outlook
Sent: Tuesday, June 21, 2011 4:26 PM
To: Garza, Jose
Subject: Re: Graham response
--------------------------
From: Garza, Jose
To: Solomon, Lafe E.; Mattina, Celeste J.; Abruzzo, Jennifer; Cleeland, Nancy
Sent: Tue Jun 21 16:19:38 2011
Subject: Graham response
http://www.postandcourier.com/news/2011/jun/21/boeing-union-files-ethics-complaint-against-sen-gr/
Jose P. Garza
Special Counsel for
Congressional and Intergovernmental Affairs
202-273-0013
Non-Responsive
NLRB-FOIA-00004718
1
Microsoft Outlook
From: Garza, Jose
To: Abruzzo, Jennifer
Subject: RE: Graham response
To: Garza, Jose
--------------------------
From: Garza, Jose
Sent: Tue Jun 21 16:19:38 2011
Jose P. Garza
Special Counsel for
202-273-0013
Non-Responsive
Non-Responsive
NLRB-FOIA-00004719
1
Microsoft Outlook
To: Garza, Jose
--------------------------
From: Garza, Jose
Sent: Tue Jun 21 16:27:12 2011
To: Garza, Jose
--------------------------
From: Garza, Jose
Sent: Tue Jun 21 16:19:38 2011
Jose P. Garza
Special Counsel for
202-273-0013
Non-Responsive
Non-Responsive
Non-Responsive
NLRB-FOIA-00004720
1
Microsoft Outlook
From: Garza, Jose
To: Garza, Jose
--------------------------
From: Garza, Jose
Sent: Tue Jun 21 16:27:12 2011
To: Garza, Jose
--------------------------
From: Garza, Jose
Sent: Tue Jun 21 16:19:38 2011
Jose P. Garza
Special Counsel for
202-273-0013
Non-Responsive
Non-Responsive
Non-Responsive
Non-Responsive
NLRB-FOIA-00004721
1
Microsoft Outlook
To: Garza, Jose
BTW I'm sure you noticed that Graham didn't issue a specific denial.
--------------------------
From: Garza, Jose
Sent: Tue Jun 21 16:45:19 2011
To: Garza, Jose
From: Garza, Jose
Sent: Tue Jun 21 16:27:12 2011
To: Garza, Jose
--------------------------
From: Garza, Jose
Sent: Tue Jun 21 16:19:38 2011
Non-Responsive
Non-Responsive
Non-Responsive
Non-Responsive
NLRB-FOIA-00004722
2
Jose P. Garza
Special Counsel for
202-273-0013
NLRB-FOIA-00004723
1
Microsoft Outlook
Sent: Thursday, June 23, 2011 10:35 AM
Subject: Washington Post article
Attachments: image001.gif; image002.gif
Here, here!
A good case against Boeing
Text Size
Print
E-mail
Reprints
By Kate Bronfenbrenner, Published: June 22
Business, politicians and the media have made much over the National Labor Relations Boards complaint
against Boeing, but the outrage has been misdirected. The board was right to bring the complaint, because the
law is on its side, and such complaints are a step in the right direction.
The National Labor Relations Act says that it is an unfair labor practice to retaliate against workers for union
activity such as organizing and protected concerted activity such as striking. Some say that this case is about a
companys right to set up shop where it can maximize profits. In this instance, Boeing built a $750million plant
in nonunion South Carolina to begin production of its new Dreamliner. The company has argued that starting
pay in South Carolina is lower than in Washington state, where most of its aircraft are made, and that it has not
shut its Washington operations but hired more workers driving some to claim that the labor board, for
political or other reasons, is infringing on the companys right to make money.
The labor board has a clear mission: to consider whether Boeings production shift is retaliation for union
activity. On that, Boeing is clearly in the wrong. But the board has also touched the third rail in labor law:
management rights to open, close and move operations free from interference, even when the purpose of doing
so is to avoid unionization.
Companies obviously want to maximize efficiency and profits. They have every right to do so as long as
profits are made in a manner that does not violate the law. Much as our society has decided that increased
profits or competitiveness cannot justify a policy of age discrimination, it is against the law to retaliate against
workers for engaging in protected concerted activity such as strikes, as the International Association of
Machinists and Aerospace Workers local in Washington state did for nearly 60 days in 2008.
In its October 2009 quarterly conference call to shareholders, Boeing used unequivocal language when it
proposed moving work on the 787 Dreamliner to South Carolina because of strikes happening every three to
four years in Puget Sound. In a videotaped interview with the Seattle Times in March 2010, Boeing executive
NLRB-FOIA-00004724
2
Jim Albaugh said that the overriding factor [in choosing South Carolina] was not the business climate. And it
was not the wages we are paying today. . . . It was that we cant afford to have a work stoppage every three
years.
The NLRB is not claiming, as columnist George F. Will has argued, that moving businesses to right-to-work
states constitutes prima facie evidence of unfair labor practices. Contrary to what Boeing chief executive
Jim McNerney and others have said, the board is also not creating a world where it is unsafe for a business to
open shop in a union state if it planned to operate anywhere else in the world that has lower wages or working
conditions. Boeings statements, made as threats before the move and then as explanations afterward, were clear
violations of the law. The board had no choice but to act.
Its true that such NLRB actions are rare. But given the global trend among businesses, the country would
benefit from more such complaints. Production shifts and threats of shifts have become one of the most
pervasive and effective components of employer anti-union campaigns. In the 1980s, before the North
American Free Trade Agreement was enacted, research that I conducted found that employers threatened to
close plants in 29 percent of all NLRB-monitored election campaigns but followed through with closures in just
2 percent of facilities. By 2003, research I conducted found that plant closing threats were made in 57 percent of
all NLRB-monitored union elections; in 15 percent of elections, plants were closed within two years of union
victories. Plant closing threats are significantly higher in mobile industries such as aerospace production and
now average as high as 74 percent for manufacturing industries overall.
Plant closures and threatened closings keep workers insecure and companies unaccountable. The mission of the
NLRB includes discussing, and ruling on, employers use of production shifts to retaliate against union activity.
If the NLRB did not take on such cases, it would cede to employers unilateral control over a large swath of the
U.S. workplace. In holding Boeing accountable, its members are taking on a trend that should have been dealt
with long ago.
Kate Bronfenbrenner is director of labor education research at Cornell Universitys School of Industrial and
Labor Relations and the author of No Holds Barred: The Intensification of Employer Opposition to
Organizing.
NLRB-FOIA-00004725
NLRB-FOIA-00004726
NLRB-FOIA-00004727
1
Microsoft Outlook
Subject: Re: Washington Post article
Her last sentence is quite unhelpful.
--------------------------
Sent: Thu Jun 23 10:35:29 2011
Here, here!
Text Size
Print
E-mail
Reprints
NLRB-FOIA-00004728
2
years.
with long ago.
Organizing.
NLRB-FOIA-00004729
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1
Microsoft Outlook
Subject: RE: Washington Post article
Yes, true. Even a Cornell ILR professor doesnt get the separation of GC and Board. One could hope that members will
be read more broadly.
--------------------------
Sent: Thu Jun 23 10:35:29 2011
Here, here!
Text Size
Print
E-mail
Reprints
NLRB-FOIA-00004732
2
years.
with long ago.
Organizing.
NLRB-FOIA-00004733
NLRB-FOIA-00004734
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1
Microsoft Outlook
From: Todd, Dianne
Sent: Tuesday, December 14, 2010 4:53 PM
To: Ahearn, Richard L.
Subject: RE: Memo to Lafe from Advice
Rich,
I am out of the office from December 23 through January 3 then Im back in the office. See you
tomorrow?
D
From: Ahearn, Richard L.
To: Todd, Dianne
Subject: Re: Memo to Lafe from Advice
D, Many thanks; btw...can you give me your schedule in the next few weeks...in case Boeing offers to present witnesses
and GC agrees?
Many thanks.
R
--------------------------
From: Todd, Dianne
Cc: Jablonski, Colleen G.
Sent: Tue Dec 14 13:37:10 2010
Rich,
Good luck!
Dianne
Sent: Sunday, December 12, 2010 10:55 AM
To: Todd, Dianne; Jablonski, Colleen G.
Subject: Memo to Lafe from Advice
Dianne, Colleen,
Many thanks.
Exemption 5, 7(A)
Exemption 5, 7(A)
NLRB-FOIA-00004736
2
Rich
Richard L Ahearn
Regional Director, Region 19, Seattle
206 220 6310
NLRB-FOIA-00004737
1
Microsoft Outlook
From: Gold, Wayne R.
Sent: Thursday, April 21, 2011 10:05 AM
Subject: FW: Boeing gains support from unlikely source - Live5News.com | Charleston, SC | News,
Weather, Sports
Wayne Gold
Regional Director
NLRB Region Five
103 S. Gay St., 8th Floor
Baltimore, MD 21202
Tel: (410) 962-2737
Fax: (410) 962-2198
From:
Sent: Thursday, April 21, 2011 8:33 AM
To: Gold, Wayne R.
Subject: Boeing gains support from unlikely source - Live5News.com | Charleston, SC | News, Weather, Sports
Hi Wayne,
On NPR this morning, I learned of a decision in the Seattle Region to issue a complaint against Boing for giving
work manufacturing a new airliner to a non-union plant in South Carolina rather than a Machinist represented
plant in washington State.
I wanted to learn a bit more about the case so I did a little noodling around on the internet. I came across a
couple stories in local media outlets in South Carolina, including the one attached. I admit, the headline got
me curious: Boeing finds an unexpected ally.... who might that be, I wondered. If you don't have time to read
it, I will give you the answer:
John Raudabaugh, a friend of organized labor if ever there was one.
http://www.live5news.com/story/14487395/boeing-gains-support-from-unlikely-source
Exemption 6
Exemption 6
Exe...
NLRB-FOIA-00004738
1
Microsoft Outlook
From:
Sent: Wednesday, April 27, 2011 12:11 PM
Subject: Re: FW: Nice economist piece
well done!
On Wed, Apr 27, 2011 at 8:42 AM, Ahearn, Richard L. <Richard.Ahearn@nlrb.gov> wrote:
Dont know if you all saw this yet, but the Economist weighed in on Monday, and its certainly a different
perspective that what were seeing in most u.s. media:
http://www.economist.com/blogs/democracyinamerica/2011/04/boeings_labour_problems
There are lots of good points, but I really liked this one, which Ive been waiting for someone to make: If
Boeing is having more trouble with its unions than its competitors are, it's possible that the fault lies with
the company, rather than with the unions.
Nancy Cleeland
(202) 273-0222
Exemption 6
NLRB-FOIA-00004739
1
Microsoft Outlook
Sent: Thursday, April 28, 2011 12:44 PM
Subject: iam charge
Hi Rich,
I dont think weve made the original IAM charge on Boeing public, but it should be, right? A reporter at the New Republic
is asking for it. Thanks
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004740
1
Microsoft Outlook
From: Estep, Susan C.
Subject: The Boeing Company, 19-CA-32431
Attachments: CHG.19-CA-32431.Boeing ULP charge.PDF
See attached as requested. Docket attached the CATS assignment sheet to this document so if you want to mail it to
someone I will rescan.
Susan C. Estep, Secretary to the Regional Director
NLRB, Region 19, Seattle
206.220.6333; FAX 206. 220.6305
NLRB-FOIA-00004741
NLRB-FOIA-00004742
NLRB-FOIA-00004743
1
Microsoft Outlook
Subject: RE: The Boeing Company, 19-CA-32431
Thanks!
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Nancy, Here is the charge; it was not amended. The 8(a) (5) portion will be withdrawn.
Rich
NLRB-FOIA-00004744
1
Microsoft Outlook
From: Google Alerts [googlealerts-noreply@google.com]
Subject: Google Alert - National labor relations board
News 2 new results for National labor relations board
9 states demand labor board drop complaint against Boeing
HeraldNet
By Michelle Dunlop, Herald Writer The attorneys general for nine states are demanding the National Labor Relations Board drop a
complaint that alleges the Boeing Co. retaliated against its Machinists in siting its second 787 production line. ...
See all stories on this topic
Former NLRB Chairman: Anti-Boeing Move 'Unprecedented'
Shopfloor
Fox News interviews former Peter Schaumber, the former chairman of the National Labor Relations Board, on the NLRB's
complaint against Boeing for expanding production facilities in South Carolina instead of Washington state. From Ex-Labor Board ...
Tip: Use site restrict in your query to search within a site (site:nytimes.com or site:.edu). Learn more.
Remove this alert.
Create another alert.
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NLRB-FOIA-00004745
1
Microsoft Outlook
From: Sand, Shelley
Sent: Friday, April 29, 2011 1:07 PM
To: Anzalone, Mara-Louise
Cc: Ahearn, Richard L.; Kobe, James; Sweeney, Brian
Subject: Boeing Company Withdrawal 19-CA-032431
Attachments: WDR.19-CA-032431.Boeing 4 29 11 LTR.pdf
NLRB-FOIA-00004746
NLRB-FOIA-00004747
DAVID CAMPBELL
Via e-filing with www.nlrb.gov
Via email to Richard.Ahearn@nlrb.gov and
Original via US First Class Mail
April 2011
Richard Ahearn
Regional Director
National Labor Relations Board, Region 19
2948 Jackson Federal Building
915 Second A venue
Seattle, W A 981 7 4
RE: JAM 751 v. The Boeing Company
Case Nos.l9-CA-32431 & 19-CA-32811
Our File No. 2813-815
Dear Director Ahearn:
The International Association of Aerospace Workers, District Lodge 7 51, the charging
party in the above referenced cases, hereby withdraws only the Section 8(a)(5) portion of its
charge in Case No. 19-CA-32431. The Union wishes to proceed with the remaining charges in
that case.
With regard to Case No. 19-CA-32811, the Union withdraws its charge.
Sincerely
David Campbell
cc: Dianne Todd, Attorney, NLRB
Opeiu8
Christopher Corson, General Counsel, lAMA W
Richard P. Michalski, General Vice President, IAMAW
Tom Wroblewski, President, lAMA W District 751
Mark Blondin, Aerospace Coordinator, lAMA W
Carson Glickman-Flora
1
Microsoft Outlook
From: Google Alerts [googlealerts-noreply@google.com]
Subject: Google Alert - National labor relations board
News 3 new results for National labor relations board
NLRB Still Making the News
Hot Air
The White House may have hoped that the big news about bin Laden might have people forgetting about other little matters which
had been in the news, but in the case of the National Labor Relations Board and their efforts to stop Boeing from bringing ...
Sodexo Could Face Trial Over Alleged Violations of U.S. Labor Law as NLRB ...
PR Newswire (press release)
The National Labor Relations Board has determined there is enough evidence to pursue charges against Sodexo for allegedly
violating US labor law. After an investigation, the NLRB found that charges of interrogating, spying on, firing and/or threatening ...
NFL owners, players in holding pattern
Post-Bulletin
... Norris-LaGuardia Act prohibited federal courts from issuing injunctions in cases that spring from labor disputes and that the
decertification of the players' association should not be valid, and that the National Labor Relations Board should first ...
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NLRB-FOIA-00004748
1
Microsoft Outlook
From: Kilberg P.C., William [WKilberg@gibsondunn.com]
Attachments: Solomon letter with attachment - May 3, 2011.pdf
Rich: As I promised; this went today. Best, Bill
William J. Kilberg
GIBSON DUNN
Gibson, Dunn & Crutcher LLP
1050 Connecticut Avenue, N.W., Washington, DC 20036-5306
Tel +1 202.955.8573 Fax +1 202.530.9559
WKilberg@gibsondunn.com www.gibsondunn.com
This message may contain confidential and privileged information. If it has been sent to you in error, please
reply to advise the sender of the error and then immediately delete this message.
NLRB-FOIA-00004749
NLRB-FOIA-00004750
NLRB-FOIA-00004751
NLRB-FOIA-00004752
NLRB-FOIA-00004753
NLRB-FOIA-00004754
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1
Microsoft Outlook
Sent: Wednesday, May 04, 2011 4:01 PM
Subject: boeing's quotes
Hi Richard Do we not list the actual statements made by Boeing in the complaint? I thought we did, but a Financial
Times reporter is saying we dont and he wants to know if we can provide any.
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004760
1
Microsoft Outlook
Subject: questions about the alj hearing
Hi Rich,
No hurry on this, but I am getting questions about the Boeing hearing since some news organizations are planning to
have people there. When you get a chance, could you let me know where and when? Will it be at your offices in Seattle? I
know you said it may be delayed any official word on that yet?
Thanks
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004761
1
Microsoft Outlook
Subject: RE: questions about the alj hearing
I see you got your Blackberry back. Too bad
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Subject: Re: questions about the alj hearing
Currently June 14 in our building. But subject to change.
R
--------------------------
Sent: Thu May 05 11:01:16 2011
Hi Rich,
Thanks
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004762
1
Microsoft Outlook
From: Kobe, James
To: Cleeland, Nancy
Cc: Ahearn, Richard L.
Subject: Seattle Times Article re BOEING
Nancy
Rich Ahearn asked me to send you information about an article appearing in todays Seattle Times concerning
the Boeing case. The site to that article is:
http://seattletimes.nwsource.com/html/businesstechnology/2014961873_boeing05.html
I would send you a copy, but right now our internet service is under repair. In any event, let me know if you
have any questions.
Sincerely,
Jim Kobe
ARD, Region 19
206-220-6314
NLRB-FOIA-00004763
1
Microsoft Outlook
Sent: Thu May 05 11:10:31 2011
--------------------------
Sent: Thu May 05 11:00:51 2011
Attached is a request for documents and communications relating to April 20, 2011 complaint against The
Boeing Corporation. We look forward to your timely and complete response.
Marvin E. Kaplan
(202)225-4527
Not responsive
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2
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1
Microsoft Outlook
From: Peter Finch
Sent: Friday, May 06, 2011 12:11 AM
Subject: Read it and weep!
More good news!
http://www.bloomberg.com/news/2011-05-05/republicans-rally-behind-boeing-over-u-s-labor-board-
complaint.html
--
Peter Finch
E 6 privacy
Exemption 6
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1
Microsoft Outlook
Subject: FW: Harkin Responds to GOP Attacks on Nonpartisan National Labor Relations Board
Nancy Cleeland
(202) 273-0222
From: Harkin Press Office [mailto:tom_harkin@harkin.enews.senate.gov]
To: Cleeland, Nancy
Subject: Harkin Responds to GOP Attacks on Nonpartisan National Labor Relations Board
Add us to your Address Book! Add tom_harkin@harkin.enews.senate.gov to your address book now to ensure
your newsletter always get delivered.
May 10, 2011 Unsubscribe Update My Profile
FOR IMMEDIATE RELEASE Contact: Justine Sessions / Kate Cyrul
May 10, 2011 (202) 224-3254
Harkin Responds to GOP Attacks on Nonpartisan National Labor Relations Board
WASHINGTON Senate Health, Education, Labor and Pensions (HELP) Committee Chairman Tom Harkin (D-IA) today
released the following statement responding to the comments made by Republican politicians at a press conference today
on the National Labor Relations Board investigation of the Boeing Company. On Thursday, Harkin will convene a HELP
Committee hearing to discuss why the middle class is increasingly slipping out of reach for Americans, at which the
General Counsel for Boeing will testify.
What we are really witnessing here is another example of the Republican assault on the middle class that has been
echoing across the country for months now. Instead of focusing on how we can get Americans working again and get the
middle class back on its feet, Republicans have chosen to spend their time attacking the handling of a routine unfair labor
practice charge. This overly dramatic response and the disturbing misinformation they are peddling has needlessly
NLRB-FOIA-00004772
2
complicated the legal process and distorted the public discussion of this case.
These opponents of workers rights have also mischaracterized the fundamental issue at stake, suggesting that this case
represents an assault on right to work laws. Thats just factually incorrect there is absolutely no way that the outcome
of this case could affect in any way the laws of any state.
This fight is about far more than just one group of workers in Washington State. Unions are one of the few voices left in
our society speaking up for the little guy, and if we let powerful CEOs trample all over these rights without consequences,
we might as well give up on having a middle class altogether.
Thats what this all comes down to: powerful corporate interests are pressuring public officials to interfere with an
independent agency, rather than let justice run its course. And we should not tolerate this interference. Instead, we should
turn our attention back to the issues that really matter to American families how we can create jobs in Washington, South
Carolina, Iowa, and across the country
###
HELP Committee Website | News | Hearings | About Chairman Harkin
Update My Profile - Unsubscribe - Privacy Policy
NLRB-FOIA-00004773
1
Microsoft Outlook
To: Cleeland, Nancy
May 10, 2011 (202) 224-3254
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2
###
NLRB-FOIA-00004775
1
Microsoft Outlook
Attachments: Iowa Indpendent Harkin forced testimony shameful.pdf
From: Garza, Jose
Fyi
To: Garza, Jose
Sent: Thu Jun 16 17:23:58 2011
Adam Naill
Labor Counsel
(202) 224-5441
Solomon personal email addre...
NLRB-FOIA-00004776
Flickr Photo by Iowa Democratic Party
Harkin: Forced testimony at U.S. House
hearing shameful
Braley plans 'tough' questions for GOP Chairman Issa
By Lynda Waddington | 06.16.11 | 3:25 pm
Congressional Republicans who are forcing the National Labor Relations Boards acting general
counsel to testify at a field hearing in South Carolina in connection with ongoing legal proceedings
are more concerned with scoring political points than they are with allowing an established process to
continue, U.S. Sen. Tom Harkin and U.S. Rep. Bruce Braley said Thursday.
At a Friday U.S. House Oversight Committee hearing Lafe Solomon, acting general counsel for the
NLRB, is expected to face a litany of questions from Republicans concerning the labor law complaint
his agency filed against Boeing Co. The case was launched against Boeing in April, following union
allegations in 2010 that the company was violating federal labor law by retaliating against organized
workers in Washington state for past strikes. Boeing has denied the allegations, stating that the new
plant it has constructed in South Carolina was completed for numerous market reasons and not
because of South Carolinas right-to-work law that would inhibit unionization.
Solomons compelled appearance coincides with an NLRB judges formal review of the case against
Boeing during a Seattle hearing. Republicans have attempted to paint the dispute as a government
over-reach into private industry decisions, especially internal decisions on where to do business.
Democrats, including Harkin and Braley, contend the expansion or future location of the business
isnt the issue at hand, and that the ongoing investigation is focused on possible labor law violations.
This is shameful, shameful, Harkin said of the threat of subpoena used to guarantee Solomons
appearance before the committee. What they are trying to do is disrupt the judicial process. There is
a process by which both labor and management can file complaints with the NLRB. The General
Counsels Office investigates those complaints [and] they try to reach conciliation.
What I know about this case is that labor filed such a complaint, alleging that Boeing was retaliating
because labor was exercising its legal right; and that the General Counsel investigated, took
depositions, and evidently found there was enough evidence to warrant this case going forward. So,
the General Counsel filed this case with the administrative law judge, and thats where it is right
now.
The administrative law judge will make a finding in the case, which can be appealed by either party to
the NLRB. The finding of the NLRB can also be appealed to the Circuit Court of Appeals. And,
ultimately, that decision can be appealed to the U.S. Supreme Court.
So what [House Republicans] are trying to do in South Carolina is unduly brow-beat and threaten
this career civil servant for doing his job, Harkin said. It is akin to going after a court, because there
is a case before the court and you want to disrupt that case to make it so tainted that it cant go
forward.
I dont know if Boeing was right or wrong. I dont know if they are guilty or not. But thats why you
have this process with an administrative law judge and appeals all the way to the Supreme Court. And
Page 1 of 3 Harkin: Forced testimony at U.S. House hearing shameful | Iowa Independent
6/16/2011 http://iowaindependent.com/57412/harkin-forced-testimony-at-u-s-house-hearing-shameful
NLRB-FOIA-00004777
there is so much phoniness out of South Carolina on this. They are saying, This is going to destroy
right-to-work. This has nothing to do with right-to-work. Secondly they say this could mean that this
will close down all these jobs in South Carolina and ship them back to Washington state. Not
necessarily. There are other remedies that the court could could impose on Boeing, if the court finds
them guilty.
Harkin added that he suspects, based on the hard line of attack launched by Boeing officials, certain
individuals in South Carolina and the right-wing of the Republican Party, that Boeing must be
afraid there is enough evidence to prove the company retaliated against workers for exercising their
legal right to strike.
I also think that they are trying to send a signal to career civil servants that they better be careful,
Harkin said.
Not only are they holding up [Solomon's] nomination as general counsel, but they are holding up the
nomination for secretary of commerce, which has nothing to do with this. They are demanding that
President Obama intervene in this action to remove it from the NLRB something that would both
unethical and unlawful. Thats how bad this has gotten.
Solomon, a career civil servant with the NLRB, was named acting general counsel by President
Barack Obama in June 2010 and nominated for the post in January. He began his career with the
NLRB in Seattle in 1972.
Solomon originally declined an invitation to testify before a June 17 field hearing of the House
Oversight Committee, Unionization Through Regulation: The NRLBs Holding Pattern on Free
Enterprise, but was then told to reconsider or face a possible subpoena to appear.
In a letter to Oversight Committee Chairman Darrell Issa (R-Calif.) dated June 11, Solomon agreed to
appear before the committee while simultaneously noting his concerns about congressional
interference.
I am not aware of any other time in history of the Office of the General Counsel that a General
Counsel has been compelled to testify at a Congressional hearing about the merits of a pending case,
he wrote. I continue to have serious concerns about a personal appearance at this hearing and the
potential impact that certain areas of inquiry may have on the due process rights of litigants and on the
interest of protecting the legal integrity of the decision making process.
Braley, a member of the House Oversight Committee, said Thursday he shares Solomons concerns,
and he intends to bring up the inappropriateness of the proceedings during the hearing.
I will be participating in that hearing and I will be asking some very tough questions of the
committee chair, Mr. Issa, about the role of his committee interfering in a pending adjudicative
procedure, Braley said.
In my judgment, this is no different that jury tampering that would occur during an ongoing trial.
There is a reason why agencies have both a rule-making process and adjudicative process. They are
supposed to be separate and distinct, and one is clearly supposed to be free from outside interference.
So the very nature of this hearing and the purpose of this hearing cause me great concern.
The NLRB General Counsels Office complaint (PDF) alleges that Boeing threatened or impliedly
threatened workers that they would lose additional work in the event of future strikes. It also
NLRB-FOIA-00004778
quotes Jim McNerney, chief executive, president and chairman of Boeing, as saying that the decision
was made due to strikes happening every three to four years in Puget Sound.
If such allegations are proven to be true, Boeing would be in violation of the National Labor Relations
Act, which provides employees the right to join labor organizations and engage in other lawfully-
related activities, including work strikes.
The U.S. House committee hearing is scheduled to begin at noon at the Charleston County Council
Chambers in North Carleston, S.C. Also called to testify are South Carolina Gov. Nikki Haley, Alan
Wilson, state attorney general, a Texas law professor, president of a staffing company and a labor
attorney.
Follow Lynda Waddington on Twitter
Categories & Tags: Civil Rights| Economy/Finance| Labor| Politics| boeing | Collective Bargaining |
Darrell Issa | federal labor law | House Oversight Committee | house republicans | Labor Unions | Lafe
Solomon | National Labor Relations Board | Nikki Haley | NLRB | South Carolina | Tom Harkin | U.S.
House | U.S. Senate | Unions | Wagner Act |
NLRB-FOIA-00004779
1
Microsoft Outlook
From:
Sent: Monday, June 20, 2011 10:45 PM
Subject: seattletimes.com: Moses Lake, other Washington locations, in running for Boeing jet
This message was sent to you by as a service of The Seattle Times
http://www.seattletimes.com.
----------------------------------------------------------------------
Moses Lake, other Washington locations, in running for Boeing jet
Inside a giant Boeing 747-8 on display at the Paris Air Show, Gov. Christine Gregoire said
locations around the state, including Moses Lake, will be considered for the final assembly
site of the next new Boeing plane along with the company's current factories in Everett and
Renton.
http://seattletimes.nwsource.com/html/boeingliveeventcoverage/2015375316_post.html
======================================================================
TO SUBSCRIBE TO THE SEATTLE TIMES PRINT EDITION
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e-mail newsletter, or other online marketing platforms with The Seattle Times Company, call
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TO ADVERTISE IN THE SEATTLE TIMES PRINT EDITION Please go to
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Ex. 6 personal privacy
NLRB-FOIA-00004780
1
Microsoft Outlook
To: Solomon, Lafe E.; Mattina, Celeste J.; Kearney, Barry J.; Farrell, Ellen
Subject: FW: seattletimes.com: Moses Lake, other Washington locations, in running for Boeing jet
-----Original Message-----
From:
----------------------------------------------------------------------
Renton.
======================================================================
for information.
======================================================================
NLRB-FOIA-00004781
1
Microsoft Outlook
From: Farrell, Ellen
Subject: RE: seattletimes.com: Moses Lake, other Washington locations, in running for Boeing jet
She's even given you a hook....
"Gregoire also said that the relationship between the company and the International
Association of Machinists (IAM) union is much better now than it was a year ago when the
IAM filed a complaint against Boeing with the National Labor Relations Board (NLRB) that
led to a hearing in Seattle this month.
"It's unfortunate it has hung over all this time, when in fact the relationship has
dramatically changed," she said.
She said politicians who've opined on the case "ought to shut up," adding that she hoped
the parties could settle the NLRB dispute between themselves, rather than in court.
Ellen
Ellen Farrell
Deputy Associate General Counsel
Division of Advice, NLRB
202-273-3810
Ellen.Farrell@nlrb.gov
Subject: FW: seattletimes.com: Moses Lake, other Washington locations, in running for
Boeing jet
From: richahearn
Subject: seattletimes.com: Moses Lake, other Washington locations, in running for Boeing
jet
----------------------------------------------------------------------
Inside a giant Boeing 747-8 on display at the Paris Air Show, Gov. Christine Gregoire
said locations around the state, including Moses Lake, will be considered for the final
assembly site of the next new Boeing plane along with the company's current factories in
Everett and Renton.
Exemption 6
Exemption 6
NLRB-FOIA-00004782
2
======================================================================
Call (206) 464-2121 or 1-800-542-0820, or go to
http://seattletimes.com/subscribe
HOW TO ADVERTISE WITH THE SEATTLE TIMES COMPANY ONLINE
For information on advertising in this e-mail newsletter,
or other online marketing platforms with The Seattle Times Company,
call (206) 464-3237 or e-mail websales@seattletimes.com
TO ADVERTISE IN THE SEATTLE TIMES PRINT EDITION
Please go to http://www.seattletimescompany.com/advertise
for information.
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NLRB-FOIA-00004783
1
Microsoft Outlook
Sent: Tuesday, July 12, 2011 4:22 PM
To: Kearney, Barry J.; Farrell, Ellen
Subject: Fw: doc request and subpoena threat
Attachments: DEI to Solomon-NLRB - Boeing complaint doc request 7 12 11.pdf
--------------------------
Cc: Pomerantz, Anne
Sent: Tue Jul 12 16:06:42 2011
Subject: FW: doc request and subpoena threat
Please call me asap
From: Garza, Jose
To: Solomon, Lafe E.; Mattina, Celeste J.; Abruzzo, Jennifer; Kearney, Barry J.
Subject: doc request and subpoena threat
Please find attached the latest document request from Oversight and Government Reform. This most recent iteration
includes a subpoena threat if we fail to produce all responsive documents by July 26.
I am available to discuss anytime this afternoon or this week. Thanks,
Jose P. Garza
Special Counsel for
202-273-0013
NLRB-FOIA-00004784
NLRB-FOIA-00004785
NLRB-FOIA-00004786
NLRB-FOIA-00004787
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1
Microsoft Outlook
From: Baniszewski, Joseph
Sent: Wednesday, January 05, 2011 9:42 AM
To: Siegel, Richard A.
Cc: Levin, Nelson
Subject: RE: Large or significant C and R cases in your Regions
In Seattle, the pending charge against Boeing, alleging its decision to assemble the 787 Dreamliner in
South Carolina is a violation. Lafe met with Boeing and its lawyers, hes familiar with the case.
From: Siegel, Richard A.
Sent: Wednesday, January 05, 2011 9:25 AM
To: ML-HQ-Ops District 1; ML-HQ-Ops District 2; ML-HQ-Ops District 3; ML-HQ-Ops District 4
Subject: Large or significant C and R cases in your Regions
Importance: High
To help Lafe prepare for a BNA interview tomorrow, please provide me with the names of large
and/or significant C and R cases currently pending in your offices and the issues presented. I need
this by noon today. Thanks
Nonresponsive
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1
Microsoft Outlook
Sent: Monday, April 25, 2011 5:20 PM
Subject: FW: Can You Please Call Me Soonest To Discuss This -- South Carolina has issued this
statement
They insist on being in the spotlight, even when theyre not!
Nancy Cleeland
(202) 273-0222
From: Greenhouse, Steve [mailto:stgree@nytimes.com]
To: Cleeland, Nancy
Subject: Can You Please Call Me Soonest To Discuss This -- South Carolina has issued this statement
From: Mark Plowden [mailto:mplowden@scattorneygeneral.ccsend.com] On Behalf Of Mark Plowden
To: Greenhouse, Steve
Subject: AG Wilson Statement on Latest NLRB Attacks Against Right to Work States
S.C. AG Wilson Statement on Latest
NLRB Attacks Against "Right to Work"
States
Columbia, S.C. - April 25, 2011 South Carolina Attorney General Alan Wilson issued the
following statement in response to the latest round of legal threats made by the NLRB against
South Carolina and other "Right to Work" states:
"Continued threats from the NLRB show that the organization's true focus is on preserving the
influence of labor unions, while ignoring the fact that these measures are killing jobs and
threatening real economic growth across the country. I will continue to fight for South Carolina's
Right to Work environment by all means necessary."
Read the latest NLRB threat -- http://www.scag.gov/newsroom/pdf/2011/nlrbletter2.pdf
# # #
NLRB-FOIA-00004794
2
Contact: Mark Plowden
Communications Director
803-734-3670
mplowden@scag.gov
Forward email
This email was sent to sgreenhouse@nytimes.com by mplowden@scag.gov |
Update Profile/Email Address | Instant removal with SafeUnsubscribe | Privacy Policy.
Office of Attorney General Henry McMaster | PO Box 11549 | Columbia | SC | 29211
NLRB-FOIA-00004795
1
Microsoft Outlook
Sent: Wednesday, April 27, 2011 11:44 AM
To: Cleeland, Nancy
Subject: RE: Nice economist piece
Many thanks!
To: Solomon, Lafe E.; Liebman, Wilma B.; Ahearn, Richard L.; Kearney, Barry J.; Schiff, Robert; Garza, Jose
Subject: Nice economist piece
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004796
1
Microsoft Outlook
Nancy Cleeland
(202) 273-0222
Non-Responsive
NLRB-FOIA-00004797
1
Microsoft Outlook
To: Cleeland, Nancy
Attachments: CHG.19-CA-032431.Boeing 03-26-2010 charge against ER.pdf
Nancy, Here is the charge; it was not amended. The 8(a) (5) portion will be withdrawn.
Rich
NLRB-FOIA-00004798
NLRB-FOIA-00004799
1
Microsoft Outlook
Sent: Tuesday, May 03, 2011 11:28 AM
Subject: another round of news
Hi Lafe,
I understand you're out of the office today. You may not be aware that Sen. Graham is holding a press conference at
noon on the Boeing issue, probably related to whatever he did on the floor earlier today. I wondered if you have a minute
to talk by phone about our response.
Thanks, Nancy
NLRB-FOIA-00004800
1
Microsoft Outlook
To: Solomon, Lafe E.; Ahearn, Richard L.
Subject: FW: From stephanie at bb
Alas...
________________________________________
From: STEPHANIE ARMOUR, BLOOMBERG/ NEWSROOM: [sarmour@bloomberg.net]
To: Cleeland, Nancy
Subject: From stephanie at bb
Have you seen the letter from boeing to lafe? I have it. Just wondering if you have. Haven't
heard yet if they want a story
---
Sent From Bloomberg Mobile MSG
NLRB-FOIA-00004801
1
Microsoft Outlook
Subject: boeing's quotes
Hi Richard Do we not list the actual statements made by Boeing in the complaint? I thought we did, but a Financial
Times reporter is saying we dont and he wants to know if we can provide any.
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004802
1
Microsoft Outlook
Subject: RE: questions about the alj hearing
I see you got your Blackberry back. Too bad
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Subject: Re: questions about the alj hearing
Currently June 14 in our building. But subject to change.
R
--------------------------
Sent: Thu May 05 11:01:16 2011
Hi Rich,
Thanks
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004803
1
Microsoft Outlook
To: Kobe, James
Subject: RE: Seattle Times Article re BOEING
Thanks Jim.
Unfortunately we have no Internet either, so I cant look at it right now. But I will as soon as were back up.
By the way, I just got a question about Boeings official answer to the complaint. Someone realized that part of a
paragraph is missing in the PDF Rich sent me yesterday. Its paragraph #4 under defenses. Do you know anything about
that?
Thanks again
Nancy Cleeland
(202) 273-0222
From: Kobe, James
To: Cleeland, Nancy
Nancy
have any questions.
Sincerely,
Jim Kobe
ARD, Region 19
206-220-6314
NLRB-FOIA-00004804
1
Microsoft Outlook
To: Kobe, James
Actually I just talked to another reporter who got Boeings official response separately and it has the missing language, so
theres a problem with the PDF Rich sent me. Could you or someone in your office send a complete copy of the
response? Wed like to add it to the fact sheet.
Thanks
Nancy Cleeland
(202) 273-0222
From: Kobe, James
To: Cleeland, Nancy
Nancy
have any questions.
Sincerely,
Jim Kobe
ARD, Region 19
206-220-6314
NLRB-FOIA-00004805
1
Microsoft Outlook
Subject: FW: Sarah Palin has weighed in
Youve really made the big time now!
Nancy Cleeland
(202) 273-0222
From: Wagner, Anthony R.
To: Cleeland, Nancy
Subject: Sarah Palin has weighed in
http://www.facebook.com/note.php?note_id=10150178359343435
She posted this on her Facebook page:
Removing the Boot from the Throat of American Businesses
by Sarah Palin on Wednesday, May 11, 2011 at 1:27pm
President Obama has the opportunity to prove that he cares about keeping jobs for working class families in America. He can speak up about
his appointees at the National Labor Relations Board (NLRB) who have their boots on The Boeing Companys neck. Does the President support
the rights of businesses and working class people in right-to-work states to make sound decisions without government regulatory agencies
unfairly punishing them?
Does the President realize the real concern here is not that businesses will choose to locate in one state over another? Its that businesses will
choose to locate in other countries because thanks to the Obama administrations job killing policies and over-reaching regulatory boards the
business climate in the United States is growing toxic. South Carolinas Senator Jim DeMint reminded President Obama that the President said
in his State of the Union address: We have to make America the best place on Earth to do business. I agree with this sentiment, Mr.
President. If we want to keep good paying jobs for working class families in the United States then you shouldnt pit South Carolina against
Washington state because eventually every state will suffer when businesses declare enough is enough with these tactics and decide to
relocate in more business-friendly countries.
- Sarah Palin
NLRB-FOIA-00004806
1
Microsoft Outlook
To: Solomon, Lafe E.; Ahearn, Richard L.; Wagner, Anthony R.; Garza, Jose
Subject: first reporter call, and lindsey graham has a statement
I just got a call from a reporter at the Charleston SC paper. Apparently DeMint announced this was going to happen in
Charleston yesterday so they were geared up.
Should be go ahead with the release and fact sheet?
Nancy Cleeland
(202) 273-0222
Non-Responsive
NLRB-FOIA-00004807
1
Microsoft Outlook
To: Cleeland, Nancy
Subject: FW: Social media trends
To: Liebman, Wilma B.; Solomon, Lafe E.; Cleeland, Nancy; Schiff, Robert; Colwell, John F.; Garza, Jose
Subject: Social media trends
An interesting mix of stories today:
Boeing was pretty quiet until later in the day when Reps. Kline and Roe issued a news release regarding our
response to their request for documents:
http://edworkforce.house.gov/News/DocumentSingle.aspx?DocumentID=242822
Much of the day was taken up with a new Facebook complaint issued out of Chicago. A good description:
http://www.huffingtonpost.com/2011/05/24/facebook-posting-worker-fired_n_866353.html
Also late in the day came the news that the NBA players association filed a charge with the Agency claiming a
variety of ULPs against the league: http://sports.espn.go.com/new-york/nba/news/story?id=6584220
Tony Wagner
New Media Specialist | Office of Public Affairs
National Labor Relations Board (NLRB)
1099 14th Street NW, Suite 11550 | Washington, DC 20570
anthony.wagner@nlrb.gov | 202-273-0187 | cell: 202-375-9791
nlrb.gov | m.nlrb.gov | facebook.com/NLRBpage | @nlrb
NLRB-FOIA-00004808
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Microsoft Outlook
Subject: RE: Social media trends
Haha, yes I saw that!
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Tony Wagner
NLRB-FOIA-00004809
1
Microsoft Outlook
To: Solomon, Lafe E.; Mattina, Celeste J.; Garza, Jose; Wagner, Anthony R.; Kearney, Barry J.
Subject: logic...or lack of it
This may be the most absurd line of reasoning related to the Boeing complaint that Ive seen so far.
http://www.openmarket.org/2011/06/02/a-culture-of-deceit/
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004810
1
Microsoft Outlook
Sent: Wednesday, July 13, 2011 9:19 AM
To: Garza, Jose; Abruzzo, Jennifer; Solomon, Lafe E.; Mattina, Celeste J.; Kearney, Barry J.
Subject: RE: chicago tribune article this morning
Ill start doing that, and apologies if I overload your inboxes. Feel free to ignore.
Nancy Cleeland
(202) 273-0222
From: Garza, Jose
To: Cleeland, Nancy; Abruzzo, Jennifer; Solomon, Lafe E.; Mattina, Celeste J.; Kearney, Barry J.
Subject: Re: chicago tribune article this morning
Yes, I think it would be helpful to see the clips. Thank you Jennifer and Nancy.
To: Abruzzo, Jennifer; Solomon, Lafe E.; Mattina, Celeste J.; Garza, Jose; Kearney, Barry J.
Sent: Wed Jul 13 09:07:53 2011
Theres nothing like a threatening letter from Congress to get reporters attention. At least six stories were out by 5:30 last
night, including this AP story, which also ran in Seattle Times and other outlets, a couple of South Carolina and
Washington papers, the Hill, Bloomberg, and the Daily Caller. Would it be helpful if I sent out links to you all when a bunch
of stories erupt? It is good to see how things are being interpreted. For example, yesterdays stories generally failed to
make the connection that the release of these documents could jeopardize the case and be used to Boeings benefit. And
a couple imply that the agency may be hiding communications with the WH, which we all obviously know is not true and
was so stated at the SC hearing.
Nancy Cleeland
(202) 273-0222
To: Solomon, Lafe E.; Mattina, Celeste J.; Garza, Jose; Cleeland, Nancy; Kearney, Barry J.
Subject: chicago tribune article this morning
Associated Press
6:24 a.m. CDT, July 13, 2011
The chairman of a congressional committee investigating the ongoing labor dispute over a South
Carolina Boeing plant is prepared to use subpoenas to force labor officials to hand over documents
from their investigation, according to a letter sent Tuesday to the National Labor Relations Board's
chief attorney.
NLRB-FOIA-00004811
2
In the letter to NLRB general counsel Lafe Solomon, Republican U.S. Rep. Darrell Issa of California
argues that Congress has the right to supersede attorney-client privilege in gathering information
about the communications between the NLRB and Boeing, as well as the union that represents Boeing
workers in Washington state.
The NLRB sued Chicago-based Boeing Co. in April, saying the aeronautics giant illegally retaliated
against unionized Washington state workers when it opened a 787 passenger jet manufacturing line in
South Carolina, a right-to-work state.
Boeing already makes the planes in the Seattle area, and the company hopes more than 1,000 non-union
workers will eventually build three of the aircraft per month at the $750 million South Carolina plant, the
largest industrial investment in the state's history.
Specifically, Issa asks Solomon to turn over his office's communications about the Boeing case, including
any messages with NLRB officials other federal agencies or members of Congress.
Issa says he also wants emails and call logs between the NLRB and Boeing, as well as NLRB's
communications with the International Association of Machinists, the union that operates at Boeing's
Washington state facilities.
Attorney-client privilege is a judicially-developed policy intended to foster client confidence and
encourage full disclosure to an attorney in anticipation of an adversarial setting, Issa wrote. However,
the need to protect this interest in an investigative setting where a congressional committee is not
adjudicating the liberty or property interests of a witness is less compelling. Therefore, attorney-client
privilege claims can be overcome by Congress.
Issa gives Solomon until July 26 to turn over the records or face a possible subpoena. An NLRB
spokeswoman declined to comment on the request, and Solomon has said in previous communications to
Issa that releasing some documents related to the case would compromise the case.
The labor case could drag on for years, and a Seattle judge has begun hearing arguments. Boeing has
denied the charge, saying it opened the South Carolina plant for valid economic reasons. Last month, a
federal judge handed NLRB an early victory, denying Boeing's request to toss the lawsuit.
In previous communications to Issa, Solomon has said he wouldn't turn over some documents, citing
attorney-client privilege. Solomon initially resisted appearing when Issa brought his U.S. House
Committee on Oversight and Government Reform to South Carolina for a field hearing last month, citing
the ongoing legal case, but eventually relented and testified before the panel.
The lawsuit against Boeing has drawn outrage from Republicans who claim it interferes with the right of
company managers to choose where and how to expand business operations. South Carolina Gov. Nikki
Haley, a persistent union critic, has asked GOP presidential hopefuls stumping in the state home to the
first-in-the-South Republican primary to weigh in on the dispute.
Haley has also called on President Barack Obama to tell the NLRB to back off. Obama, who has declined to
criticize or openly support the actions of the NLRB, an independent federal agency, last week called on
Boeing and its workers to resolve their differences, saying that businesses should generally be able to
locate where they want but must follow the law.
NLRB-FOIA-00004812
3
NLRB-FOIA-00004813
1
Microsoft Outlook
Sent: Thursday, December 09, 2010 3:15 PM
Subject: RE: Boeing
Attachments: ADV.19-CA-32431.GCAgenda.Boeing.dlw.doc
Rich
This is our GC Agenda memo; I think its what youre looking for.
Ellen
Ellen Farrell
202-273-3810
To: Farrell, Ellen
Subject: Boeing
Ellen, I want to prepare for next weeks meeting. I thought I had received the Advice memo, but cant locate it (I could
only find a proposed interim order from Deborah Willen) Could you e mail it to me?
Many thanks.
Rich
NLRB-FOIA-00004814
Exemption 5, 7(A)
NLRB-FOIA-00004815
Exemption 5, 7(A)
NLRB-FOIA-00004816
Exemption 5, 7(A)
NLRB-FOIA-00004817
Exemption 5, 7(A)
NLRB-FOIA-00004818
Exemption 5, 7(A)
NLRB-FOIA-00004819
Exemption 5, 7(A)
NLRB-FOIA-00004820
Exemption 5, 7(A)
NLRB-FOIA-00004821
Exemption 5, 7(A)
NLRB-FOIA-00004822
Exemption 5, 7(A)
NLRB-FOIA-00004823
Exemption 5, 7(A)
NLRB-FOIA-00004824
Exemption 5, 7(A)
NLRB-FOIA-00004825
Exemption 5, 7(A)
NLRB-FOIA-00004826
Exemption 5, 7(A)
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Exemption 5, 7(A)
NLRB-FOIA-00004828
Exemption 5, 7(A)
NLRB-FOIA-00004829
Exemption 5, 7(A)
NLRB-FOIA-00004830
Exemption 5, 7(A)
NLRB-FOIA-00004831
Exemption 5, 7(A)
NLRB-FOIA-00004832
Exemption 5, 7(A)
NLRB-FOIA-00004833
Exemption 5, 7(A)
NLRB-FOIA-00004834
Exemption 5, 7(A)
NLRB-FOIA-00004835
Exemption 5, 7(A)
NLRB-FOIA-00004836
Exemption 5, 7(A)
NLRB-FOIA-00004837
Exemption 5, 7(A)
NLRB-FOIA-00004838
Exemption 5, 7(A)
NLRB-FOIA-00004839
1
Microsoft Outlook
From: Kearney, Barry J.
To: Farrell, Ellen
Subject: FW: (BN) U.S. Labor Board Urged by States to Drop Boeing
Ellen
I'm running to catch the bus. Nancy is writing something now. When I get it I'll forward .
Editing on a blackberry isn't easy so I want you involved
To: Solomon, Lafe E.; Kearney, Barry J.
Here's the story we're trying to get a comment into.
Nancy Cleeland
(202) 273-0222
From: STEPHANIE ARMOUR, BLOOMBERG/ NEWSROOM: [mailto:sarmour@bloomberg.net]
To: Cleeland, Nancy
Subject: (BN) U.S. Labor Board Urged by States to Drop Boeing
Here it is. But as I said, can still update with NLRB comments. They just give me such a
short time to get something out. Don't have boeing comments or machinists yet either, but
have messages out.
+------------------------------------------------------------------------------+
U.S. Labor Board Urged by States to Drop Boeing Complaint (1)
2011-04-28 20:20:18.837 GMT
(Updates with comments from letter in third paragraph.)
By Stephanie Armour
April 28 (Bloomberg) -- The National Labor Relations Board should withdraw immediately
a complaint against Boeing Co.
that alleged the company retaliated against union employees, attorneys general in nine states
said in a letter.
The boards action, citing Boeings decision to open a 787 aircraft assembly line in
South Carolina, is an assault on the ability of the states to create jobs, according to the
letter released today.
Our states are trying to emerge from one of the worst economic collapses since the
Depression, South Carolina Attorney General Alan Wilson wrote in the letter signed by eight
colleagues. Your complaint further impairs an economic recovery.
The board last week said Boeing chose South Carolina, a state that bans labor agreements
that require workers to join a union, over keeping the work in Washington state because it
NLRB-FOIA-00004840
2
was motivated by a desire to retaliate for past strike and chill future strike activity.
Boeing executives had said they were concerned about strikes by employees, according to the
complaint.
Wilson and the attorneys general from Virginia, Nebraska, Texas, Georgia, Florida,
Alabama, Oklahoma and Arizona urged the board to cease this attack on our right to work, our
states
economies, and our jobs.
The boards complaint said Boeing should be forced to open a Washington state assembly
line after violating workers rights by building the South Carolina assembly line. The
company, the worlds biggest aerospace company, decided in 2009 to build the new assembly
line.
Very Board Concern
The states request illustrates very broad concern across the country regarding the
NLRBs complaint, said Michael Eastman, executive director of labor law policy at the U.S.
Chamber of Commerce, in an e-mail.
Boeings choice of South Carolina marked its first departure from the Puget Sound hub
where it has built all its commercial jets. Relations with the Machinists union have been
strained by four strikes since 1989, including the most recent, two-month walkout at the end
of 2008.
A hearing on the labor boards recommendation, which was issued by its acting general
counsel, was scheduled for June 14 before an administrative law judge in Seattle.
For Related News and Information:
Stories on Labor Unions: TNI LABOR UNIONS <GO> Boeing earnings matrix: BA US <Equity> EM11
<GO> Top Boeing stories: BA US <Equity> TCNI WWTOP <GO> Boeing gross annual orders: FRAVBOGO
<Index> GP <GO> Boeing employee data: BA US <Equity> FA 10 <GO>
--Editors: Steve Geimann, John Lear
To contact the reporter on this story:
Stephanie Armour in Washington at +1-202-654-7337 or sarmour@bloomberg.net
To contact the editors responsible for this story:
Steve Geimann at +1-202-624-1960 or
sgeimann@bloomberg.net;
Larry Liebert at +1-202-624-1936 or
lliebert@bloomberg.net
NLRB-FOIA-00004841
1
Microsoft Outlook
Sent: Friday, June 17, 2011 7:39 AM
To: Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; Willen, Debra L
Subject: FW: Case 19-CA-32431 Governors' ltter
Attachments: 6.16.11_NLRB.PDF
I guess the next letter is from the Republican Conference of Mayors
To: Garza, Jose; Mattina, Celeste J.; Abruzzo, Jennifer; Kearney, Barry J.; Ferguson, John H.
Subject: FW: Case 19-CA-32431
From: Baker, Josh [mailto:JoshBaker@gov.sc.gov]
Cc: Shuster, Jamie; Marie Sanderson; Doug.Hoelscher@iowa.gov
Subject: Case 19-CA-32431
Mr. Solomon:
Please find attached a letter from 16 governors regarding NLRB Case 19-CA-32431.
Regards,
Joshua D. Baker
Senior Policy Advisor
Office of the Governor of South Carolina
joshbaker@gov.sc.gov
803-734-5153 (office)
803-351-0981 (cell)
NLRB-FOIA-00004842
NLRB-FOIA-00004843
NLRB-FOIA-00004844
NLRB-FOIA-00004845
1
Microsoft Outlook
Subject: RE: seattletimes.com: Moses Lake, other Washington locations, in running for Boeing jet
She's even given you a hook....
"Gregoire also said that the relationship between the company and the International
Association of Machinists (IAM) union is much better now than it was a year ago when the
IAM filed a complaint against Boeing with the National Labor Relations Board (NLRB) that
led to a hearing in Seattle this month.
"It's unfortunate it has hung over all this time, when in fact the relationship has
dramatically changed," she said.
She said politicians who've opined on the case "ought to shut up," adding that she hoped
the parties could settle the NLRB dispute between themselves, rather than in court.
Ellen
Ellen Farrell
202-273-3810
Subject: FW: seattletimes.com: Moses Lake, other Washington locations, in running for
Boeing jet
From:
Subject: seattletimes.com: Moses Lake, other Washington locations, in running for Boeing
jet
----------------------------------------------------------------------
Inside a giant Boeing 747-8 on display at the Paris Air Show, Gov. Christine Gregoire
said locations around the state, including Moses Lake, will be considered for the final
assembly site of the next new Boeing plane along with the company's current factories in
Everett and Renton.
NLRB-FOIA-00004846
2
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http://seattletimes.com/subscribe
HOW TO ADVERTISE WITH THE SEATTLE TIMES COMPANY ONLINE
For information on advertising in this e-mail newsletter,
or other online marketing platforms with The Seattle Times Company,
call (206) 464-3237 or e-mail websales@seattletimes.com
TO ADVERTISE IN THE SEATTLE TIMES PRINT EDITION
Please go to http://www.seattletimescompany.com/advertise
for information.
======================================================================
NLRB-FOIA-00004847
1
Microsoft Outlook
From: Ferguson, John H.
Sent: Thursday, October 07, 2010 3:55 PM
To: Kearney, Barry J.
Subject: RE: Boeing as a runaway shop?
Sure I would like to see the memo when it is doneas indicated in my email, there is a lot to get your head around in this
area, and I need to dig deeper.
Whatever Scalia does will be ugly, combining Milwaukee Springs II mid contract relocation bargaining and the hardnosed
HK Porter/TWA/Lockout cases perspective that the free play of economic weapons notion makes it easy to understand
why unions want to strike in summer and employers want to lockout in winter and why the IAM loves Seattle and Boeings
new love is Alabama. So far as Scalia is concerned, the fact that one side or the other is seeking higher ground on which
to fight, having been earlier bloodied in the valley, is in the nature of economic warfare and of no concern to the courts.
To: Ferguson, John H.
Boeing doesnt at least for now contend that striking makes for higher labor costs and that is why they are moving. In fact
it is cheaper and more efficient to put the work in Puget Sound. They contend that strikes make it harder for them to
deliver planes to their customer and that is a sufficient business justification to move because the Union wont agree now
mid-contract to a 22 year no strike pledge. What do you think Scalia will do with that? Do you want to see the memo
when it is done?
Subject: Boeing as a runaway shop?
Exemption 5
Exemption 5
NLRB-FOIA-00004848
2
Exemption 5
NLRB-FOIA-00004849
1
Microsoft Outlook
Subject: FW: 16 Governors re Case 19-CA-32431
Mr. Solomon:
Regards,
Joshua D. Baker
803-734-5153 (office)
803-351-0981 (cell)
NLRB-FOIA-00004850
NLRB-FOIA-00004851
NLRB-FOIA-00004852
NLRB-FOIA-00004853
1
Microsoft Outlook
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004854
1
Microsoft Outlook
To: Solomon, Lafe E.; Liebman, Wilma B.; Ahearn, Richard L.; Kearney, Barry J.; Schiff, Robert;
Garza, Jose
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004855
1
Microsoft Outlook
To: Liebman, Wilma B.; Solomon, Lafe E.; Cleeland, Nancy; Schiff, Robert; Garza, Jose; Colwell,
John F.
Subject: Social Media Trends
Most discussions in social media continue to center on Boeing and the state lawsuits.
The letter from 9 state attorneys general to Lafe yesterday was the source of nearly all the chatter. An example:
http://politics.blogs.foxnews.com/2011/04/28/attorneys-general-battle-nlrb-over-boeing-plant
It appears that a few groups are trying very hard to make the NLRB an issue in the GOP primary contenders. An
example from Pawlenty: http://thehill.com/blogs/transportation-report/aviation/158261-pawlenty-criticizes-obama-
over-labor-boards-boeing-lawsuit
Haley had an opinion piece in the Wall Street Journal calling on the President to comment:
http://online.wsj.com/article/SB10001424052748703778104576287290266016016.html?mod=googlenews_wsj
It still appears that a few groups are trying very hard to have the story break through with minimal success.
Enjoy the weekend,
Tony Wagner
NLRB-FOIA-00004856
1
Microsoft Outlook
To: Solomon, Lafe E.; Kearney, Barry J.; Ahearn, Richard L.; Garza, Jose
Subject: how our statement is showing up today
I think it works, better than nothing at least.
http://washingtonexaminer.com/blogs/beltway-confidential/2011/05/nrlb-says-it-will-respond-boeing-
hearing?utm_source=feedburner+BeltwayConfidential&utm_medium=feed+Beltway+Confidential&utm_campaign=Feed%
3A+BeltwayConfidential+%28Beltway+Confidential%29feed&utm_content=feed&utm_term=feed
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004857
1
Microsoft Outlook
To: Cleeland, Nancy; Solomon, Lafe E.; Kearney, Barry J.; Garza, Jose
Subject: RE: how our statement is showing up today
YUP!
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004858
1
Microsoft Outlook
From: Kaplan, Marvin [Marvin.Kaplan@mail.house.gov]
Cc: Garza, Jose; Gilroy, Ed; Serafin, Kenneth; Newell, Brian; Pearce, Krisann
Marvin E. Kaplan
(202)225-4527
NLRB-FOIA-00004859
NLRB-FOIA-00004860
NLRB-FOIA-00004861
NLRB-FOIA-00004862
NLRB-FOIA-00004863
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NLRB-FOIA-00004866
NLRB-FOIA-00004867
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1
Microsoft Outlook
From: Garza, Jose
Lafe,
Thank you,
Jose
Sent: Thu May 05 11:00:51 2011
Marvin E. Kaplan
(202)225-4527
NLRB-FOIA-00004870
NLRB-FOIA-00004871
NLRB-FOIA-00004872
NLRB-FOIA-00004873
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1
Microsoft Outlook
To: Garza, Jose
--------------------------
From: Garza, Jose
Sent: Thu May 05 11:06:10 2011
Lafe,
Thank you,
Jose
Sent: Thu May 05 11:00:51 2011
Marvin E. Kaplan
(202)225-4527
NLRB-FOIA-00004876
NLRB-FOIA-00004877
NLRB-FOIA-00004878
NLRB-FOIA-00004879
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1
Microsoft Outlook
From: Garza, Jose
Barry and Jennifer,
he is available.
Thank you,
Jose
To: Garza, Jose
Sent: Thu May 05 11:12:26 2011
--------------------------
From: Garza, Jose
Sent: Thu May 05 11:06:10 2011
Lafe,
Thank you,
Jose
Sent: Thu May 05 11:00:51 2011
Marvin E. Kaplan
NLRB-FOIA-00004882
2
(202)225-4527
NLRB-FOIA-00004883
NLRB-FOIA-00004884
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NLRB-FOIA-00004886
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NLRB-FOIA-00004888
1
Microsoft Outlook
From: Garza, Jose
To: Liebman, Wilma B.; Solomon, Lafe E.; Cleeland, Nancy
Cc: Schiff, Robert; Colwell, John F.; Abruzzo, Jennifer; Mattina, Celeste J.
Subject: FW: Harkin statement on Attacks on the NLRB
Fyi:
released the following statement responding to the comments made by Republican politicians at a press conference
today on the National Labor Relations Board investigation of the Boeing Company. On Thursday, Harkin will convene a
HELP Committee hearing to discuss why the middle class is increasingly slipping out of reach for Americans, at which the
echoing across the country for months now. Instead of focusing on how we can get Americans working again and get
the middle class back on its feet, Republicans have chosen to spend their time attacking the handling of a routine unfair
labor practice charge. This overly dramatic response and the disturbing misinformation they are peddling has needlessly
represents an assault on right to work laws. Thats just factually incorrect there is absolutely no way that the
outcome of this case could affect in any way the laws of any state.
This fight is about far more than just one group of workers in Washington State. Unions are one of the few voices left
in our society speaking up for the little guy, and if we let powerful CEOs trample all over these rights without
consequences, we might as well give up on having a middle class altogether.
independent agency, rather than let justice run its course. And we should not tolerate this interference. Instead, we
should turn our attention back to the issues that really matter to American families how we can create jobs in
Washington, South Carolina, Iowa, and across the country
NLRB-FOIA-00004889
1
Microsoft Outlook
Nancy Cleeland
(202) 273-0222
Non-Responsive
NLRB-FOIA-00004890
1
Microsoft Outlook
Nancy Cleeland
(202) 273-0222
Exemption 5
Non-Responsive
NLRB-FOIA-00004891
1
Microsoft Outlook
To: Solomon, Lafe E.; Garza, Jose; Wagner, Anthony R.
Subject: FW: Fwd:Kline and Roe Statements on NLRB's Failure to
Didn't take them long...
From: Nancy Cleeland <Nancy.Cleeland@nlrb.gov>
To: STEPHANIE ARMOUR (BLOOMBERG/ NEWSROOM:)
At: 5/24 16:33:53
I think our response they linked to says it all.
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Subject: Fwd:Kline and Roe Statements on NLRB's Failure to
Hi Nancy. Any comment? On kind of a tight deadline but wanted to ask.
From: Education & the Workforce Press <educationlaborgoppress@mail.house.gov>
To: STEPHANIE ARMOUR (BLOOMBERG/ NEWSROOM:)
At: 5/24 15:50:55
FOR IMMEDIATE RELEASE
May 24, 2011
CONTACT: Press Office
(202) 226-9440
Kline and Roe Express Disappointment with NLRB's Inadequate Response to Congressional Inquiry
"The general counsel's office has offered to discuss our request further, and we intend to
take them up on their offer."
WASHINGTON, D.C. --- Today, Republican leaders on the U.S. House Committee on Education and
the Workforce responded to the National Labor Relations Board's (NLRB) failure to provide
requested documents related to its complaint against The Boeing Company. On May 5th, Chairman
John Kline (R-MN) and Representative Phil Roe, M.D. (R-TN) requested information from the
NLRB to address questions surrounding the timing of the Boeing complaint, as well as concerns
about public statements made by NLRB officials.
NLRB-FOIA-00004892
2
"The NLRB is not immune from congressional oversight or public scrutiny," said Chairman
Kline. "While this insufficient response is not entirely unexpected from todays board, it is
still extremely disappointing. In the case of Boeing, there are legitimate questions over
public statements made by NLRB officials and the timing of its complaint. The American people
deserve a full explanation and Congress has a right to a complete response. The general
counsel's office has offered to discuss our request further, and we intend to take them up on
their offer."
"The troubling allegations the NLRB has filed against Boeing warrant further investigation,"
said Rep. Phil Roe, chairman of the Subcommittee on Health, Employment, Labor, and Pensions.
"I am disappointed the NLRB chose not to fully respond to important inquires made in the
letter because the American people deserve answers. While all the facts in this case are
still in dispute, thousands of jobs are at risk in South Carolina. The extreme remedy
demanded by the NLRB will have a detrimental effect on local economies and a chilling effect
on the American workforce. I am very concerned about NLRB's actions in this matter, and will
be exploring these allegations further."
"Congress cannot stand by while the NLRB attempts to impose sweeping changes to labor laws
that govern the nations workplaces," continued Chairman Kline. "For more than two years, the
Obama board has pursued an activist agenda that champions the interests of Big Labor over the
interests of all American workers. Republicans have pledged to make job creation a leading
priority, and our oversight of the NLRB will remain an important part of that effort."
###
NLRB-FOIA-00004893
1
Microsoft Outlook
To: Liebman, Wilma B.; Solomon, Lafe E.; Cleeland, Nancy; Schiff, Robert; Colwell, John F.;
Garza, Jose
Tony Wagner
NLRB-FOIA-00004894
1
Microsoft Outlook
Tony Wagner
Not responsive
NLRB-FOIA-00004895
1
Microsoft Outlook
Garza, Jose
Not much Boeing information appeared in the social media conversation today there were a few repostings of previous
blogs and tweets, but little new. Instead, the day was taken up primarily with conjecture regarding the NBA dispute and
our social media cases:
One welcome post on Boeing was this Column in the Sun News by a union local president, titled Boeing
Complaint Mischaracterized: http://www.thesunnews.com/2011/05/25/2179206/boeing-complaint-
mischaracterized.html
The NBA discussion was mainly just a circulation of news articles published over night, including this from the LA
Times (which interestingly includes a quotation from Bill Gould): http://www.latimes.com/sports/la-sp-nba-labor-
20110525,0,7945698.story
Also big on the net today was discussion around our Facebook and Twitter complaints:
http://www.laborrelationstoday.com/2011/05/articles/nlra/nlrb-social-media-complaints-coming-daily-another-
facebook-firing-case-out-of-chicago/ A favorite of mine was this blog, which had the title Are the NLRB's
Complaints About So-Called Facebook Firings News Anymore?
http://www.ctemploymentlawblog.com/2011/05/articles/decisions-and-rulings/are-the-nlrbs-complaints-about-
socalled-facebook-firings-news-anymore/
Tony Wagner
NLRB-FOIA-00004896
1
Microsoft Outlook
Sent: Wednesday, June 01, 2011 5:11 PM
Garza, Jose
Today saw conversation on three distinct topics: Rats, Boeing, and the new Commerce secretary.
The recent secondary employer rat case has generated some discussion, primarily in the form of memos from law
firms. Some writers took the opportunity to post humorous headlines, such as Oh Rats! The NLRB Further
Deflates Secondary Activity Limitations
http://www.kilpatricktownsend.com/en/Knowledge_Center/Alerts_and_Podcasts/Legal_Alerts/2011/06/Oh_Rats_T
he_NLRB_Further_Deflates_Secondary_Activity_Limitations.aspx
There were two main articles passed around regarding Boeing today. One was from the Hill, 'Truth has little role
to play' in attacks on NLRB http://thehill.com/blogs/congress-blog/labor/164235-truth-has-little-role-to-play-in-
attacks-on-nlrb and the other an opinion piece by Gary Shapiro in the Washington Times, Pro-union policies stifle
innovation, recovery http://www.washingtontimes.com/news/2011/may/31/pro-union-policies-stifle-innovation-
recovery/
Also of interest is an attempt to insert the NLRB and Boeing into the conversation surrounding John Brysons
nomination as Commerce Secretary. Bryson served on Boeings board, which Lindsey Graham claims requires
explanation as part of the nomination process. Its the same argument used against White House Chief of Staff
Daley. http://thehill.com/blogs/transportation-report/aviation/164003-gop-senator-commerce-nominees-boeing-
ties-to-be-discussed-at-length
Tony Wagner
NLRB-FOIA-00004897
1
Microsoft Outlook
To: Solomon, Lafe E.; Mattina, Celeste J.; Garza, Jose; Wagner, Anthony R.; Kearney, Barry J.
Subject: logic...or lack of it
This may be the most absurd line of reasoning related to the Boeing complaint that Ive seen so far.
http://www.openmarket.org/2011/06/02/a-culture-of-deceit/
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004898
1
Microsoft Outlook
Sent: Monday, June 06, 2011 9:17 AM
To: Solomon, Lafe E.; Garza, Jose
Subject: RE: Congressman Ross
Good morning,
I spoke with the staffer, and all she wanted to know was whether Boeing would have an opportunity to submit evidence
and testimony at the hearing, which I said they did. I told her to be sure to call me or Jose with any other questions, but it
seemed to be a very limited query.
Nancy Cleeland
(202) 273-0222
Exemption 5
NLRB-FOIA-00004899
1
Microsoft Outlook
Subject: RE: npr Boeing NLRB
Attachments: image001.gif
Hi I was about to send this and then thought we should probably discuss first.
Hi Wendy,
Im not sure what this labor historian is talking about. We issue complaints all the time having to do with the issue of
retaliation. As part of our case, Im sure our attorneys will discuss precedent. But again, its not something were going to
get into ahead of the hearing.
Nancy Cleeland
(202) 273-0222
From: Wendy Kaufman [mailto:WKaufman@npr.org]
Sent: Saturday, June 04, 2011 1:18 AM
To: Cleeland, Nancy
Cc: Wendy Kaufman
Subject: npr Boeing NLRB
Thanks Nancy --- A labor historian told me that the NLRB used to bring suits like this
but hasnt done so for decades
When was the last time the Board brought a case like this ( and a case like this ag a high
profile employer)
Wendy Kaufman | Correspondent | wkaufman@npr.org | Seattle | 206 232 8318
From: Cleeland, Nancy [mailto:Nancy.Cleeland@nlrb.gov]
To: Wendy Kaufman
Subject: couple of links
Hi Wendy, Here are a couple of links related to committee requests for information I mentioned earlier.
http://oversight.house.gov/index.php?option=com_content&task=view&id=1290&Itemid=29
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004900
2
NLRB-FOIA-00004901
NLRB-FOIA-00004902
1
Microsoft Outlook
From: Garza, Jose
To: Cleeland, Nancy; Solomon, Lafe E.
Hi Wendy,
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Cc: Wendy Kaufman
profile employer)
To: Wendy Kaufman
Exemption 5
NLRB-FOIA-00004903
2
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004904
NLRB-FOIA-00004905
1
Microsoft Outlook
To: Garza, Jose; Solomon, Lafe E.
Nancy Cleeland
(202) 273-0222
From: Garza, Jose
Hi Wendy,
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Cc: Wendy Kaufman
Exemption 5
Exemption 5
NLRB-FOIA-00004906
2
profile employer)
To: Wendy Kaufman
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004907
NLRB-FOIA-00004908
1
Microsoft Outlook
To: Cleeland, Nancy; Garza, Jose
Nancy Cleeland
(202) 273-0222
From: Garza, Jose
Hi Wendy,
Nancy Cleeland
(202) 273-0222
Exemption 5
Exemption 5
Exemption 5
NLRB-FOIA-00004909
2
To: Cleeland, Nancy
Cc: Wendy Kaufman
profile employer)
To: Wendy Kaufman
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004910
NLRB-FOIA-00004911
1
Microsoft Outlook
Nancy Cleeland
(202) 273-0222
Nancy Cleeland
(202) 273-0222
From: Garza, Jose
Exemption 5
Exemption 5
Exemption 5
Exemption 5
NLRB-FOIA-00004912
2
Hi Wendy,
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Cc: Wendy Kaufman
profile employer)
To: Wendy Kaufman
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00004913
NLRB-FOIA-00004914
1
Microsoft Outlook
From: Garza, Jose
Cc: Mattina, Celeste J.; Abruzzo, Jennifer
Subject: FW: Letter to Mr. Solomon from Chairman Issa
Attachments: Solomon-NLRB Hearing Invite Reconsideration 6.7.11.pdf
Lets discuss when you have a moment.
Jose P. Garza
Special Counsel for
202-273-0013
From: Nelson, Kristin [mailto:Kristin.Nelson@mail.house.gov]
To: Garza, Jose
Cc: Borden, Rob
Subject: Letter to Mr. Solomon from Chairman Issa
Jose,
Please see the attached letter from Chairman Issa responding to Mr. Solomons June 3, 2011. We ask for a response by
10:00am Friday, June 10
th
. A hard copy will be put in the mail. Please confirm receipt of this email. If you have any
questions, I can be reached directly at 202-226-5111.
See you tomorrow at 4:00pm. Thanks.
Kristin
Kristin Nelson
House Committee on Oversight and Government Reform
Rep. Darrell Issa, Chairman
(202) 225-5074
Kristin.Nelson@mail.house.gov
NLRB-FOIA-00004915
NLRB-FOIA-00004916
NLRB-FOIA-00004917
NLRB-FOIA-00004918
1
Microsoft Outlook
To: Garza, Jose
Subject: RE: Letter to Mr. Solomon from Chairman Issa
Im ready to confer when you are.
From: Garza, Jose
Jose P. Garza
Special Counsel for
202-273-0013
To: Garza, Jose
Cc: Borden, Rob
Jose,
th
Kristin
Kristin Nelson
(202) 225-5074
NLRB-FOIA-00004919
1
Microsoft Outlook
Subject: the question of the hour
Everyone wants to know, will Lafe now be subpoenaed or compelled to go to S. Carolina on the
17th? Apparently a statement was put out today (by Issa's office?) implying that ...
Nancy Cleeland
(202) 273-0222
From: Hananel, Sam [mailto:SHananel@ap.org]
To: Cleeland, Nancy
Subject: RE: hearing
Is it possible he will be subpoenaed?
To: Hananel, Sam
Subject: RE: hearing
No, he won't be there. The field hearing is June 17 - obviously the trial in Seattle will be
going on then. (Lafe won't be in Seattle but he'll be closely monitoring.
Nancy Cleeland
(202) 273-0222
From: Hananel, Sam [mailto:SHananel@ap.org]
To: Cleeland, Nancy
Subject: hearing
Is Solomon going to testify at a field hearing on South Carolina? When is that scheduled?
Sam Hananel
Reporter
Associated Press
1100 13th St. NW, Suite 700
Washington, D.C. 20005-4076
(202) 641-9539 (office)
(240) 899-9436 (cell)
(202) 496-8854 (fax)
AOL Instant Messaging: ap shananel
NLRB-FOIA-00004920
2
The information contained in this communication is intended for the use of the designated
recipients named above. If the reader of this communication is not the intended recipient,
you are hereby notified that you have received this communication in error, and that any
review, dissemination, distribution or copying of this communication is strictly prohibited.
If you have received this communication in error, please notify The Associated Press
immediately by telephone at +1-212-621-1898 and delete this e-mail. Thank you.
[IP_US_DISC]
msk dccc60c6d2c3a6438f0cf467d9a4938
NLRB-FOIA-00004921
1
Microsoft Outlook
To: Cleeland, Nancy
Cc: Garza, Jose
We will be working on a response tomorrow.
From: Garza, Jose
Jose P. Garza
Special Counsel for
202-273-0013
To: Garza, Jose
Cc: Borden, Rob
Jose,
th
Kristin
Kristin Nelson
(202) 225-5074
NLRB-FOIA-00004922
NLRB-FOIA-00004923
NLRB-FOIA-00004924
NLRB-FOIA-00004925
1
Microsoft Outlook
Subject: FW: request re Boeing article
Fyi, I know your both out of the office but any thoughts would be appreciated.
Nancy Cleeland
(202) 273-0222
From: Rosen, James [mailto:jrosen@mcclatchydc.com]
To: Cleeland, Nancy
Nancy,
Im taking the somewhat unusual step of sharing an email I sent yesterday to Sen. DeMints
communications director. As youll see, it provides the comments of a former NLRB chairman (who you might
know, or know of) who disagrees with Lafe Solomons complaint against Boeing on the merits, but also strongly
criticizes Republican lawmakers for politicizing the NLRB process and interfering with an independent agency.
Could I please get a statement from you or (preferably) from Lafe on this? The article Im working on is a
fairly big enterprise setup for the ALJ hearing in Seattle on Tuesday; its intended to be a broad piece that will
pull things together and help the reader who hasnt been following all the ins and outs of this case the last
couple months. I know that Lafe put out a statement last month, but I would very much appreciate something
fresher and perhaps more focused to respond to Gould below. I.e., why LS believes that his complaint is
justified.
Im writing tomorrow morning. Appreciate your help.
(And grateful if you dont share this email outside your office.)
Jim
From: Rosen, James
To: 'Denton, Wesley (DeMint)'
Subject: request re Boeing article
Hey, Wesley,
Im doing a pretty big article to set up next Tuesdays administrative law judge hearing in Seattle on the Boeing-
NLRB case. I did a long interview with William Gould, who chaired the NLRB under Clinton and is now a Stanford law
professor.
Gould thinks Lafe Solomon is wrong on the merits of his complaint i.e., Gould doesnt think that Boeing violated
labor laws by opening the S.C. 787 plant. At the same time, Gould came down very hard on JDM he specifically cited
Sen. DeMints use of thuggery and accused him of politicizing the process to a dangerous extreme. He said the call by
JDM and others for Obama to intervene is unprecedented and would undermine the rule of law. He said Democratic and
Republican presidents for decades havent intervened in NLRB proceedings.
NLRB-FOIA-00004926
2
Anyway, could I please get a response from JDM to this claim that he is politicizing the work of an independent
executive agency and thereby undermining the rule of law that separates the United States from most countries?
I know this sounds loaded, but dont shoot the messenger :>) Im just forwarding what this fellow said.
(Please dont share this email or its contents outside your office.)
Thanks.
Jim
NLRB-FOIA-00004927
1
Microsoft Outlook
Sent: Thu Jun 09 12:31:27 2011
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Nancy,
justified.
Jim
From: Rosen, James
Exemption 5
NLRB-FOIA-00004928
2
Hey, Wesley,
professor.
Thanks.
Jim
NLRB-FOIA-00004929
1
Microsoft Outlook
From: Garza, Jose
Subject: Re: request re Boeing article
Sent: Thu Jun 09 13:20:16 2011
--------------------------
Sent: Thu Jun 09 12:31:27 2011
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Nancy,
justified.
Exemption 5
Exemption 5
NLRB-FOIA-00004930
2
Jim
From: Rosen, James
Hey, Wesley,
professor.
Thanks.
Jim
NLRB-FOIA-00004931
1
Microsoft Outlook
Subject: RE: request re Boeing article
Nancy Cleeland
(202) 273-0222
--------------------------
Sent: Thu Jun 09 12:31:27 2011
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Nancy,
Exemption 5
Exemption 5
NLRB-FOIA-00004932
2
justified.
Jim
From: Rosen, James
Hey, Wesley,
professor.
Thanks.
Jim
NLRB-FOIA-00004933
1
Microsoft Outlook
From: Garza, Jose
Fyi
To: Garza, Jose
Sent: Thu Jun 16 17:23:58 2011
Adam Naill
Labor Counsel
(202) 224-5441
Lafe Solomon
NLRB-FOIA-00004934
hearing shameful
now.
forward.
NLRB-FOIA-00004935
them guilty.
Harkin said.
interference.
NLRB-FOIA-00004936
attorney.
NLRB-FOIA-00004937
1
Microsoft Outlook
From: Garza, Jose
Jose P. Garza
Special Counsel for
202-273-0013
NLRB-FOIA-00004938
1
Microsoft Outlook
From: Garza, Jose
To: Garza, Jose
--------------------------
From: Garza, Jose
Sent: Tue Jun 21 16:19:38 2011
Jose P. Garza
Special Counsel for
202-273-0013
Non-Responsive
Non-Responsive
NLRB-FOIA-00004939
1
Microsoft Outlook
To: Garza, Jose
--------------------------
From: Garza, Jose
Sent: Tue Jun 21 16:27:12 2011
To: Garza, Jose
--------------------------
From: Garza, Jose
Sent: Tue Jun 21 16:19:38 2011
Jose P. Garza
Special Counsel for
202-273-0013
Non-Responsive
Non-Responsive
Non-Responsive
NLRB-FOIA-00004940
1
Microsoft Outlook
From: Garza, Jose
To: Garza, Jose
--------------------------
From: Garza, Jose
Sent: Tue Jun 21 16:27:12 2011
To: Garza, Jose
--------------------------
From: Garza, Jose
Sent: Tue Jun 21 16:19:38 2011
Jose P. Garza
Special Counsel for
202-273-0013
Non-Responsive
Non-Responsive
Non-Responsive
Non-Responsive
NLRB-FOIA-00004941
1
Microsoft Outlook
From: Garza, Jose
Sent: Wed Jul 13 09:07:53 2011
Nancy Cleeland
(202) 273-0222
Associated Press
6:24 a.m. CDT, July 13, 2011
chief attorney.
NLRB-FOIA-00004942
2
NLRB-FOIA-00004943
1
Microsoft Outlook
From: Pomerantz, Anne
Sent: Wednesday, July 13, 2011 12:38 PM
To: Anzalone, Mara-Louise; Finch, Peter G.; Harvey, Rachel
FYI. This is the letter Lafe received.
Cc: Pomerantz, Anne
Please call me asap
From: Garza, Jose
Jose P. Garza
Special Counsel for
202-273-0013
NLRB-FOIA-00004944
NLRB-FOIA-00004945
NLRB-FOIA-00004946
NLRB-FOIA-00004947
NLRB-FOIA-00004948
NLRB-FOIA-00004949
NLRB-FOIA-00004950
NLRB-FOIA-00004951
NLRB-FOIA-00004952
1
Microsoft Outlook
From: Todd, Dianne
Sent: Wednesday, December 15, 2010 3:17 PM
Subject: Boeing follow up regarding note taking during neg.
Rich,
Dave Campbell called today and told me

Talk to you soon!
Dianne
Exemption 7(A), 7(C) -protecting witnesses
NLRB-FOIA-00004953
1
Microsoft Outlook
Sent: Tuesday, April 26, 2011 7:17 PM
To: Pomerantz, Anne; Anzalone, Mara-Louise; Finch, Peter G.; Jablonski, Colleen G.; Todd, Dianne
Subject: Fw: =?ANSI_X3.4-1968?Q?WashPost:_The_answer_to_Boeing=3Fs_labor_dispute?=
Perhaps the most thoughtful analysis.
--------------------------
From: noreply@washingtonpost.com <noreply@washingtonpost.com>
Sent: Tue Apr 26 22:14:01 2011
Subject: =?ANSI_X3.4-1968?Q?WashPost:_The_answer_to_Boeing=3Fs_labor_dispute?=
E-mail
This page was sent to you by: richahearn@gmail.com
Message from sender:
The answer to Boeings labor dispute
By
For high-stakes legal drama, it doesnt get much bigger than last weeks filing by the National Labor Relations
Board charging that Boeings decision to open a big new production facility in union-phobic South Carolina
was motivated by a desire to punish and intimidate the strike-prone union at its long-established plant in Seattle.
Non-Responsive
NLRB-FOIA-00004954
2
Do you love D.C.? Get the insider's guide to where to stay, what to do and where to eat. Go to
www.washingtonpost.com/gog for your guide to D.C. now.
2010 The Washington Post Company | Privacy Policy
NLRB-FOIA-00004955
1
Microsoft Outlook
Mr. Solomon:
Regards,
Joshua D. Baker
803-734-5153 (office)
803-351-0981 (cell)
NLRB-FOIA-00004956
NLRB-FOIA-00004957
NLRB-FOIA-00004958
NLRB-FOIA-00004959
1
Microsoft Outlook
From:
----------------------------------------------------------------------
Renton.
======================================================================
for information.
======================================================================
NLRB-FOIA-00004960
1
Microsoft Outlook
To: Sophir, Jayme; Szapiro, Miriam; Willen, Debra L
Subject: FW: seattletimes.com: Moses Lake, other Washington locations, in running for Boeing
jet
From:
----------------------------------------------------------------------
Renton.
======================================================================
for information.
======================================================================
NLRB-FOIA-00004961
2
NLRB-FOIA-00004962
1
Microsoft Outlook
From: Young, Jacqueline
Subject: FW: FOIA requests

From: Kahn, Linda
To: Shinners, Gary W.
Cc: Young, Jacqueline; Bridge, Diane L.; Miller, Jolynne D.
Subject: FOIA requests
Jolynne Miller
2011-646 and 2011-669 Crossroads GPS requests include
4. all communications to or from the General Counsels office related to the Complaint and Notice of Hearing
issued by the NLRB against The Boeing Company, Case No. 19-CA-32431, on April 20, 2011.
5. all communications between the General Counsels office and NLRB board members or their staffs related to
the Complaint and Notice of Hearing issued by the NLRB against The Boeing Company, Case No. 19-CA-
32431, on April 20, 2011.
7. all communications between the NLRB General Counsels office and the Boards members or their staffs
related to the Complaint and Notice of Hearing issued by the NLRB against The Boeing Company, Case No.
19-CA-32431, on April 20, 2011.
Jolynne has contacted Jose about Congressional inquiries concerning Boeing
Need documents by 7/14
Non-Responsive
Exemption 5, 6 and 7(A)
Non-Responsive
Non-Responsive
Non-Responsive
Non-Responsive
Non-Responsive
NLRB-FOIA-00004963
2
Non-Responsive
NLRB-FOIA-00004964
1
Microsoft Outlook
To: Kearney, Barry J.; Farrell, Ellen
Subject: Fw: doc request and subpoena threat
--------------------------
Cc: Pomerantz, Anne
Sent: Tue Jul 12 16:06:42 2011
Please call me asap
From: Garza, Jose
Jose P. Garza
Special Counsel for
202-273-0013
NLRB-FOIA-00004965
NLRB-FOIA-00004966
NLRB-FOIA-00004967
NLRB-FOIA-00004968
NLRB-FOIA-00004969
NLRB-FOIA-00004970
NLRB-FOIA-00004971
NLRB-FOIA-00004972
NLRB-FOIA-00004973
1
Microsoft Outlook
To: Farrell, Ellen; Sophir, Jayme
Price of poker just went up
From: Garza, Jose
Jose P. Garza
Special Counsel for
202-273-0013
NLRB-FOIA-00004974
NLRB-FOIA-00004975
NLRB-FOIA-00004976
NLRB-FOIA-00004977
NLRB-FOIA-00004978
NLRB-FOIA-00004979
NLRB-FOIA-00004980
NLRB-FOIA-00004981
NLRB-FOIA-00004982
1
Microsoft Outlook
Nancy Cleeland
(202) 273-0222
Associated Press
6:24 a.m. CDT, July 13, 2011
chief attorney.
NLRB-FOIA-00004983
2
NLRB-FOIA-00004984
1
Microsoft Outlook
To: Garza, Jose; Abruzzo, Jennifer; Solomon, Lafe E.; Mattina, Celeste J.; Kearney, Barry J.
Ill start doing that, and apologies if I overload your inboxes. Feel free to ignore.
Nancy Cleeland
(202) 273-0222
From: Garza, Jose
Sent: Wed Jul 13 09:07:53 2011
Nancy Cleeland
(202) 273-0222
Associated Press
6:24 a.m. CDT, July 13, 2011
chief attorney.
NLRB-FOIA-00004985
2
NLRB-FOIA-00004986
3
NLRB-FOIA-00004987
1
Microsoft Outlook
From: Kobe, James
To: Todd, Dianne
Subject: FW: Boeing Company Withdrawal 19-CA-032431
Attachments: WDR.19-CA-032431.Boeing 4 29 11 LTR.pdf
Need to process this, if you havent already !
Jim Kobe
ARD, Region 19
206-220-6314
From: Sand, Shelley
Sent: Friday, April 29, 2011 10:07 AM
NLRB-FOIA-00004988
NLRB-FOIA-00004989
DAVID CAMPBELL
Via e-filing with www.nlrb.gov
Via email to Richard.Ahearn@nlrb.gov and
Original via US First Class Mail
April 2011
Richard Ahearn
Regional Director
National Labor Relations Board, Region 19
2948 Jackson Federal Building
915 Second A venue
Seattle, W A 981 7 4
RE: JAM 751 v. The Boeing Company
Case Nos.l9-CA-32431 & 19-CA-32811
Our File No. 2813-815
Dear Director Ahearn:
The International Association of Aerospace Workers, District Lodge 7 51, the charging
party in the above referenced cases, hereby withdraws only the Section 8(a)(5) portion of its
charge in Case No. 19-CA-32431. The Union wishes to proceed with the remaining charges in
that case.
With regard to Case No. 19-CA-32811, the Union withdraws its charge.
Sincerely
David Campbell
cc: Dianne Todd, Attorney, NLRB
Opeiu8
Christopher Corson, General Counsel, lAMA W
Richard P. Michalski, General Vice President, IAMAW
Tom Wroblewski, President, lAMA W District 751
Mark Blondin, Aerospace Coordinator, lAMA W
Carson Glickman-Flora
1
Microsoft Outlook
To: Kobe, James
--------------------------
Sent: Thu May 05 11:10:31 2011
--------------------------
Sent: Thu May 05 11:00:51 2011
Marvin E. Kaplan
(202)225-4527
NLRB-FOIA-00004990
NLRB-FOIA-00004991
May 5, 2011
Lafe E. Solomon
1099 14
1
h Street, N.W.
1
2
3
4
1
A vai lab le at
!d.
3 !d.
4
NLRB-FOIA-00004992
May 5, 2011
Page 2
5
6
This would have
Sincerely,
Chairman
Chairman
and Pensions
Labor, and Pensions
5
/d. at 6.
6
!d. at 7-8.
NLRB-FOIA-00004993
May 5, 2011
Page 3
Responding to Committee Document Requests
1. In complying you should produce all responsive documents that arc in your
or held by you or your past or present
and representatives acting on behalf. should also produce documents that you have
right to that you a right to eopy or to which you as
documents that have placed in the temporary possession, any third
party. Requested records. documents. data or should not be destroyed, modified,
transferred or otherwise made inaccessible to the Commitke.
2. In the event that any onranizttio,n or individual denoted in this request has been, is
known by any name that herein denoted, the request be read to include that
h = identification.
3. preference is to documents in r>lr>thnnu
memory
lieu productions.
4. Documents produced in electronic indexed
5. l:Jectronic document productions should be prepared according to the following standards:
The production page Image files
OVC.UIIli'<Hil\AI by a file. an Opticon reference file, a
defining the fields Ch<mu;ter lr'n.ntl1<: ofthe file.
IJC)CUtmt::nt numbers in the load file should match document Bates numt;ers
names.
lfthe production is cmnplletc:d multiple partial pnJdtlCtJlons, field names
in all
6. Documents produced to the should include an index describing the contents the
production. To the extent more one hard drive. memory thumb drive. box or
is produced, hard drive, memory thumb box or an
index describing its contents.
7. Documents in to this request shall be produced together with file
labels. dividers or identifying markers they vvcre they were requested.
8. When you produce documents, you should identify the paragraph in the
the documents respond.
9. It shall not be a basis for refusal to produce documents that any other person or entity
possc:ssc:s non-identical or identical of the same documents.
request to
NLRB-FOIA-00004994
NLRB-FOIA-00004995
May 5, 2011
Page 5
Definitions
6.
terms broadly
The terms or '
1
and phone number.
any manner
NLRB-FOIA-00004996
NLRB-FOIA-00004997
NLRB-FOIA-00004998
NLRB-FOIA-00004999
NLRB-FOIA-00005000
1
Microsoft Outlook
To: Kobe, James
Thanks Jim.
Unfortunately we have no Internet either, so I cant look at it right now. But I will as soon as were back up.
By the way, I just got a question about Boeings official answer to the complaint. Someone realized that part of a
paragraph is missing in the PDF Rich sent me yesterday. Its paragraph #4 under defenses. Do you know anything about
that?
Thanks again
Nancy Cleeland
(202) 273-0222
From: Kobe, James
To: Cleeland, Nancy
Nancy
have any questions.
Sincerely,
Jim Kobe
ARD, Region 19
206-220-6314
NLRB-FOIA-00005001
1
From: Martin, Andrew
To: Abruzzo, Jennifer; Ahearn, Richard L.; Ananthanayagam, Shanti; Arlook, Martin M.; Baniszewski, Joseph; Barker,
Joseph; Becker, Craig; Blyer, Alvin P.; Bonett Jr., Edward J.; Boren, Dennis R.; Burton, Spence; Carlton, Peter J.; Chester,
Robert W.; Christman Jr., Thomas J.; Cleeland, Nancy; Colwell, John F.; Cowen, William B.; Dreeben, Linda J.; Eddins-
Hill, Rosalind Elaine; Englehart, Bob; Farrell, Ellen; Fedorova, Ioulia; Ferguson, John H.; Fies-Keller, Cara L.; Figueroa,
Marta; Flynn, Terence F.; Franklin, Kirk; Garza, Jose; Glasser, Stephen M.; Gold, Wayne R.; Goldstein, Dawn; Gottschalk,
Irving E.; Graham, David; Grant, Regina; Griffin, Jill; Guest, Matt; Habenstreit, David; Hankins, Raymond; Hayes, Brian;
Heinzmann, Kym; HELTZER, LES (Hdqs); Hirozawa, Kent; Hollo, Elana R.; Hooks, Ronald K.; Hoyte, Joan E.; Hubbel,
Daniel L; Jacob, Fred B.; James, Kathleen; Jones, Harry; Joseph, Gloria; Kane, Robert F.; Karsh, Aaron; Katz, Judy;
Kearney, Barry J.; Kelly, David A.; Kilpatrick, Elizabeth; Kinard, Martha E.; Krafts, Andrew J.; Lee, Sydney A.; Lennie,
Rachel G.; Levin, Nelson; Levitan, Daniel; Ley, Rhonda; Lieber, Margery E.; Liebman, Wilma B.; Lightner, J. Michael;
Lineback, Rik D.; Martin, David P.; Mattina, Celeste J.; McDermott, James J.; McKinney, M. Kathleen; Mills, Jacqueline;
Moore-Duncan, Dorothy L.; Moran, Gail R.; Morgan, Terry A.; Murphy, James R.; Ohr, Peter S.; Osthus, Marlin O.;
Overstreet, Cornele; Pearce, Mark G.; Purcell, Anne G.; Reynolds, Vanita S.; Rivchin, Julie Y.; Robinson, Miles A;
Rosenberg, Joshua; Saunders, Josh D; Schiff, Robert; Shapiro, Ken; Siegel, Richard A.; Simms, Abby; Smith, Barry F.;
Solomon, Lafe E.; Sophir, Jayme; Spector, Jennifer R.; Tellem, Elbert F.; Tendrich, Robert; Thompson, Scott C.; Tuli,
Manisha E.; Wagner, Anthony R.; Williams, Harold; Yaffe, Deborah; Zick, Lara S.
Subject: Legal News FYI
House Panel Conducts Boeing Field Hearing
But Breaks Little New Ground on Controversy
The House Oversight and Government Reform Committee June 17 held a much-anticipated field hearing
on the National Labor Relations Board complaint against Boeing Co. over the company's establishment of
a 787 Dreamliner production line...
Labor Board Invites Filing of Amicus Briefs
On NLRA Status of Class Arbitration Waivers
The National Labor Relations Board June 16 invited interested organizations to file briefs in an unfair labor
practice case presenting the question whether an employer violated federal labor law by maintaining and
enforcing an employment...
NLRB 3-0 Orders Hawaii Hotel to Bargain,
Reinstate Workers, Pay Negotiating Expenses
The National Labor Relations Board June 14 found that a Waikiki hotel had violated federal labor law and
ordered the employer to stop unfair labor practices, recognize and bargain with the employees' union for
an initial contract, rescind...
Secret Ballot Union Election Bill
Signed by Tennessee Gov. Haslam
RALEIGH, N.C.Union representation elections in Tennessee must be conducted by secret ballot under a
bill (H.B. 1747) signed into law by Gov. Bill Haslam (R) June 16....
Candidate for IBT President Files Lawsuit
Against Hoffa Over 1989 Consent Decree
Non-Responsive
NLRB-FOIA-00005002
2
A 1989 consent decree establishing measures to combat corruption within the International Brotherhood
of Teamsters is no longer needed and IBT General President James Hoffa's failure to terminate it has
resulted in millions of dollars...
NLRB lawyer: Boeing suit helps all workers
The Seattle Times 06/17/11 21:14
Words matched: Lafe Solomon
The top lawyer for the National Labor Relations Board told a congressional committee Friday that although an NLRB complaint against
Boeing may make South Carolina workers feel vulnerable and anxious, the legal action is aimed at protecting the rights of workers
everywhere.
as long as those decisions are based on legitimate business considerations ," Lafe Solomon, the agency's acting general counsel, told
the House ...
ADR: NLRB May Change Arbitration Deferral Standards

Connecticut Law Tribune 06/17/11 16:32
Words matched: Lafe Solomon, Wilma Liebman
Policy shift could affect many unfair labor practice cases
...new approach. The analysis has been completed and current General Counsel Lafe Solomon has urged the Board to modify its
approach and apply a...
Andrew Martin
Librarian (Law)
1099 14th Street NW
Suite 800
Washington, DC 20570
(202) 273-3724
(202) 273-2906 fax
andrew.martin@nlrb.gov
NLRB-FOIA-00005003
1
Non-Responsive
NLRB-FOIA-00005004
2
everywhere.
the House ...

Andrew Martin
Librarian (Law)
1099 14th Street NW
Suite 800
(202) 273-3724
(202) 273-2906 fax
NLRB-FOIA-00005005
1
Microsoft Outlook
Non-Responsive
NLRB-FOIA-00005006
2
everywhere.
the House ...

Andrew Martin
Librarian (Law)
1099 14th Street NW
Suite 800
NLRB-FOIA-00005007
3
(202) 273-3724
(202) 273-2906 fax
NLRB-FOIA-00005008
Microsoft Outlook
Non-Responsive
NLRB-FOIA-00005009
2
Non-Responsive
NLRB-FOIA-00005010
3
everywhere.
the House ...

Andrew Martin
Librarian (Law)
1099 14th Street NW
Suite 800
(202) 273-3724
(202) 273-2906 fax
NLRB-FOIA-00005011
1
Microsoft Outlook
To: Cleeland, Nancy
May 10, 2011 (202) 224-3254
NLRB-FOIA-00005012
2
###
NLRB-FOIA-00005013
1
Microsoft Outlook
To: Garza, Jose; Abruzzo, Jennifer; Cleeland, Nancy
Subject: RE: Boeing hearing
Finally!! Have a good trip, we will be thinking about you all the time, so you better call
us after it is over
From: Garza, Jose
Fyi
To: Garza, Jose
Sent: Thu Jun 16 17:23:58 2011
Adam Naill
Labor Counsel
(202) 224-5441
Lafe Solomon
Lafe Solomon
NLRB-FOIA-00005014
1
Microsoft Outlook
From: Garza, Jose
To Abruzzo, Jennifer; Mattina, Celeste J.; Cleeland, Nancy
Fyi
To: Garza, Jose
Sent: Thu Jun 16 17:23:58 2011
Adam Naill
Labor Counsel
(202) 224-5441
Solomon personal email address
NLRB-FOIA-00005015
hearing shameful
now.
forward.
NLRB-FOIA-00005016
them guilty.
Harkin said.
interference.
NLRB-FOIA-00005017
attorney.
NLRB-FOIA-00005018
1
Microsoft Outlook
From: Omberg, Bob
To: Willen, Debra L; Sokolow, Steven L.
Subject: non-NLRB Boeing news
Impact on Companies
The global economys change in tone is reflected in some company announcements. Chicago-based Boeing
Co. (BA), the worlds largest aerospace company, said it received two orders last month compared with 98
in March.
Tracking:
NLRB-FOIA-00005019
2
Recipient Read
Willen, Debra L
Sokolow, Steven L. Read: 5/27/2011 10:13 AM
NLRB-FOIA-00005020
1
Microsoft Outlook
From: Sokolow, Steven L.
To: Omberg, Bob
Subject: RE: non-NLRB Boeing news
Maybe theyll close the SC plant due to business conditions.
From: Omberg, Bob
Impact on Companies
in March.
NLRB-FOIA-00005021
1
Microsoft Outlook
To: Omberg, Bob
Subject: FW: non-NLRB Boeing news
NoI just thought of the more likely spin: News of the NLRBs takeover of Boeing Co. has
frightened away international business.
To: Omberg, Bob
From: Omberg, Bob
Impact on Companies
in March.
NLRB-FOIA-00005022
1
Microsoft Outlook
From: Omberg, Bob
To: Sokolow, Steven L.
(May 26) With the first delivery and ramp up of Boeing's (BA) revolutionary 787 Dreamliner, the
reintroduction of its 747 platform, and rate increases on its workhorse 737 line, investors should expect a fairly
significant ramp up in commercial aircraft deliveries, which remain supported by a massive backlog of
unfulfilled orders. Impressively, Boeing's commercial backlog of 3,400-plus planes is roughly 7x this year's
expected commercial revenue, in dollar terms.
To: Omberg, Bob
To: Omberg, Bob
From: Omberg, Bob
Impact on Companies
in March.
Tracking:
NLRB-FOIA-00005023
2
Recipient Read
Sokolow, Steven L. Read: 5/27/2011 10:48 AM
NLRB-FOIA-00005024
1
Microsoft Outlook
To: Omberg, Bob
Dont let the facts get in the way of a good story.
From: Omberg, Bob
To: Sokolow, Steven L.
(May 26) With the first delivery and ramp up of Boeing's (BA) revolutionary 787 Dreamliner, the
reintroduction of its 747 platform, and rate increases on its workhorse 737 line, investors should expect a fairly
significant ramp up in commercial aircraft deliveries, which remain supported by a massive backlog of
unfulfilled orders. Impressively, Boeing's commercial backlog of 3,400-plus planes is roughly 7x this year's
expected commercial revenue, in dollar terms.
To: Omberg, Bob
To: Omberg, Bob
From: Omberg, Bob
Impact on Companies
NLRB-FOIA-00005025
2
in March.
NLRB-FOIA-00005026
1
Microsoft Outlook
To: Jablonski, Colleen G.; Todd, Dianne; Pomerantz, Anne
Subject: FW: Boeing
Attachments: ADV.19-CA-32431.GCAgenda.Boeing.dlw.doc
Subject: RE: Boeing
Rich
This is our GC Agenda memo; I think its what youre looking for.
Ellen
Ellen Farrell
202-273-3810
To: Farrell, Ellen
Subject: Boeing
Ellen, I want to prepare for next weeks meeting. I thought I had received the Advice memo, but cant locate it (I could
only find a proposed interim order from Deborah Willen) Could you e mail it to me?
Many thanks.
Rich
NLRB-FOIA-00005027
Ex. 5 and 7(a) deliberative and litigation strategy
NLRB-FOIA-00005028
NLRB-FOIA-00005029
NLRB-FOIA-00005030
NLRB-FOIA-00005031
NLRB-FOIA-00005032
NLRB-FOIA-00005033
NLRB-FOIA-00005034
NLRB-FOIA-00005035
NLRB-FOIA-00005036
NLRB-FOIA-00005037
NLRB-FOIA-00005038
NLRB-FOIA-00005039
NLRB-FOIA-00005040
NLRB-FOIA-00005041
NLRB-FOIA-00005042
NLRB-FOIA-00005043
NLRB-FOIA-00005044
NLRB-FOIA-00005045
NLRB-FOIA-00005046
NLRB-FOIA-00005047
NLRB-FOIA-00005048
NLRB-FOIA-00005049
NLRB-FOIA-00005050
NLRB-FOIA-00005051
NLRB-FOIA-00005052
1
Microsoft Outlook
Sent: Friday, December 10, 2010 4:20 PM
To: Davidson, Linda L.
Subject: RE: Howdy
Im pretty calm, as Im out of here as of this afternoon (about 3:30). Weve also been meeting on Boeing a fair
amount.
Tracking:
Exemption 6 - Privacy
Non-Responsive
Non-Responsive
NLRB-FOIA-00005053
2
Recipient Read
Davidson, Linda L. Read: 12/10/2010 4:24 PM
NLRB-FOIA-00005054
1
Microsoft Outlook
To: Pomerantz, Anne; Anzalone, Mara-Louise; Finch, Peter G.; Jablonski, Colleen G.; Todd,
Dianne
Subject: From Congressman Adam Smith
A Message from Congressman Adam Smith
April 22, 2011
Congressman Adam Smith (WA-09), Ranking Member of the House Armed Services
Committee, released the following statement after the National Labor Relations Board
issued a complaint against the Boeing Company alleging that it violated federal labor law
during the decision-making process to transfer a second production line to South Carolina:
I steadfastly support the collective bargaining rights of U.S. workers and hope that the
complaint filed by the National Labor Relations Board (NLRB) against The Boeing Company
is fully considered under the law. We must be vigilant in maintaining a business environment
where workers can organize and negotiate without fear of intimidation or future retaliation.
The Pacific Northwest is proud of Boeing and its role in the companys long history of
innovation and excellence in aerospace manufacturing. The global market for airplanes is an
increasingly competitive arena where companies are forced to act in their best economic
interests to remain successful. I encourage Boeing to work within the framework of the law as
a global leader in aerospace manufacturing and technology. Boeings recent win of the $35
billion Air Force refueling tanker contract attests that the company and unions can be
incredibly successful when they work together.
I look forward to a fair legal process and will be monitoring the upcoming June 14 NLRB
hearing.
If you have questions or comments, please contact Matt Perry, Deputy District Director, at:
253-593-6603 or via email at: matt.perry@mail.house.gov
NLRB-FOIA-00005055
1
Microsoft Outlook
To: Pomerantz, Anne; Anzalone, Mara-Louise; Finch, Peter G.; Jablonski, Colleen G.; Todd,
Dianne
Perhaps the most thoughtful analysis.
--------------------------
Sent: Tue Apr 26 22:14:01 2011
E-mail
This page was sent to you by:
By
Exemption 6
NLRB-FOIA-00005056
1
Microsoft Outlook
To: ML-R19-Everyone (R)
FYI
--------------------------
Sent: Tue Apr 26 22:14:01 2011
E-mail
This page was sent to you by:
By
Exemption 6
NLRB-FOIA-00005057
1
Microsoft Outlook
Cc: Pomerantz, Anne
Please call me asap
From: Garza, Jose
Jose P. Garza
Special Counsel for
202-273-0013
NLRB-FOIA-00005058
NLRB-FOIA-00005059
NLRB-FOIA-00005060
NLRB-FOIA-00005061
NLRB-FOIA-00005062
NLRB-FOIA-00005063
NLRB-FOIA-00005064
NLRB-FOIA-00005065
NLRB-FOIA-00005066
1
Microsoft Outlook
Sent: Wednesday, July 13, 2011 12:38 PM
To: Anzalone, Mara-Louise; Finch, Peter G.; Harvey, Rachel
FYI. This is the letter Lafe received.
Cc: Pomerantz, Anne
Please call me asap
From: Garza, Jose
Jose P. Garza
Special Counsel for
202-273-0013
Tracking:
NLRB-FOIA-00005067
2
Recipient Read
Anzalone, Mara-Louise Read: 7/13/2011 12:41 PM
Finch, Peter G. Read: 7/13/2011 12:40 PM
Harvey, Rachel
NLRB-FOIA-00005068
NLRB-FOIA-00005069
NLRB-FOIA-00005070
NLRB-FOIA-00005071
NLRB-FOIA-00005072
NLRB-FOIA-00005073
NLRB-FOIA-00005074
NLRB-FOIA-00005075
NLRB-FOIA-00005076
1
Microsoft Outlook
From: Siegel, Richard A.
Sent: Wednesday, November 17, 2010 5:06 PM
To: Baniszewski, Joseph
Cc: Levin, Nelson
Subject: RE: Boeing - Ahearn travel to DC
Of course
From: Baniszewski, Joseph
Sent: Wednesday, November 17, 2010 3:57 PM
To: Siegel, Richard A.
Cc: Levin, Nelson
Subject: FW: Boeing - Ahearn travel to DC
Rick, would you please authorize a travel order for Rich Ahearn for December 12 through 14, 2010,
so he can attend a meeting scheduled here in Headquarters on December 13 with Advice, the GC
and lawyers representing Boeing.
Thanks,
Joe
Sent: Tuesday, November 16, 2010 6:27 PM
To: Baniszewski, Joseph
Subject: FW: Boeing
Joe, Lets discuss Barry spoke to Lafe and they apparently agree I should come in.
Many thanks.
Rich
Sent: Monday, November 15, 2010 11:27 AM
To: Farrell, Ellen; Sophir, Jayme; Szapiro, Miriam; Willen, Debra L; Ahearn, Richard L.; Omberg, Bob; Katz, Judy
Subject: Boeing
Talked to Kilberg and Boeing cant make the dates I gave him because of the airplane fire. It is now scheduled for
Monday December 13 @ 2:00pm. Kilberg also apologized for the boorish behavior of his client.
NLRB-FOIA-00005077
1
Microsoft Outlook
From: Schiff, Robert
Subject: just a reminder
To send me your memo to file about the Graham and Luttig conversations. Thanks.
NLRB-FOIA-00005078
1
Microsoft Outlook
To: Schiff, Robert
Subject: Re: just a reminder
Sorry. I forgot. Tomorrow.
--------------------------
From: Schiff, Robert
Sent: Tue Apr 19 17:42:07 2011
Subject: just a reminder
To send me your memo to file about the Graham and Luttig conversations. Thanks.
NLRB-FOIA-00005079
1
Microsoft Outlook
Subject: FW: Can You Please Call Me Soonest To Discuss This -- South Carolina has issued this
statement
They insist on being in the spotlight, even when theyre not!
Nancy Cleeland
(202) 273-0222
From: Greenhouse, Steve [mailto:stgree@nytimes.com]
To: Cleeland, Nancy
Subject: Can You Please Call Me Soonest To Discuss This -- South Carolina has issued this statement
From: Mark Plowden [mailto:mplowden@scattorneygeneral.ccsend.com] On Behalf Of Mark Plowden
To: Greenhouse, Steve
Subject: AG Wilson Statement on Latest NLRB Attacks Against Right to Work States
S.C. AG Wilson Statement on Latest
NLRB Attacks Against "Right to Work"
States
Columbia, S.C. - April 25, 2011 South Carolina Attorney General Alan Wilson issued the
following statement in response to the latest round of legal threats made by the NLRB against
South Carolina and other "Right to Work" states:
"Continued threats from the NLRB show that the organization's true focus is on preserving the
influence of labor unions, while ignoring the fact that these measures are killing jobs and
threatening real economic growth across the country. I will continue to fight for South Carolina's
Right to Work environment by all means necessary."
Read the latest NLRB threat -- http://www.scag.gov/newsroom/pdf/2011/nlrbletter2.pdf
# # #
NLRB-FOIA-00005080
2
Contact: Mark Plowden
Communications Director
803-734-3670
mplowden@scag.gov
Forward email
This email was sent to sgreenhouse@nytimes.com by mplowden@scag.gov |
Update Profile/Email Address | Instant removal with SafeUnsubscribe | Privacy Policy.
Office of Attorney General Henry McMaster | PO Box 11549 | Columbia | SC | 29211
NLRB-FOIA-00005081
1
Microsoft Outlook
From:
Subject: FW: Chief Organizer Blog
Lafe: don't know if you might get this otherwise but thought I would pass on Wade Rathke's thoughts...he was
the former head of Acorn. Also spoke with a labor friend to day (atty with a union) who unsolicited spoke about
how impressed everyone is with all you have been attempting to do and accomplishing.
From:
To:
Subject: Fwd: Chief Organizer Blog
---------- Forwarded message ----------
From: Wade Rathke: Chief Organizer Blog <acorncanada@gmail.com>
Date: Wed, Apr 27, 2011 at 2:13 PM
Subject: Chief Organizer Blog
To:
Chief Organizer Blog
Labor Board Grows a Set
Posted: 27 Apr 2011 05:54 AM PDT
Seattle As union membership falls to record lows and seems now headed to only
5% of private sector density and with recent assaults on public sector unionization may be pushed below 20% density
there soon as well, it is worth remembering that collective bargaining remains a clearly articulated, foundational
purpose of labor law ensconced directly in the language and purpose of the National Labor Relations Act almost 70
years ago. (For more on this see Bruce Boccardys on-line piece for Social Policy at: http://bit.ly/gP6wUg)
Exemption 6
Exemption 6
Exemption 6
Exemption 6
Exemption 6
NLRB-FOIA-00005082
2
It almost seems that the NLRB and its General Counsel may have been reading the news from Wisconsin, Ohio, New
Hampshire and so many elsewheres, shaken themselves out of their slumber and realized that if they didnt get on
the stick there was no future for that bastion of labor bureaucracy and white collar legalisms. Im not sure this is a
development that will make the new business first White House happy, but the Board may have grown a set.
In a matter of days they have first issued a dramatic complaint arguing that Seattle-based Boeing was so blatant in
relocating production of one of its new planes to company friendly and union baiting South Carolina, that they
committed such severe unfair labor practices that the impact of the complaint could force the company to spend
hundreds of millions to repatriate the work back to union workers and a union contract in Seattle. This case is all the
talk here, and despite the companysunion membership, private sector, Bruce Boccardy, collective bar protestations,
the case is more solid that the business community would like to have the biscuit cookers believe. The NLRB for a
refreshing change is staking out a position that pissing all over the union and its legitimate section 7 rights to strike
and maintain its side of the bargain in collective agreements should not give a company a green light to run away to
greener, anti-union pastures.
Days later the NLRB announced that they are suing state governments in Arizona and North Dakota (whats wrong
with our brothers and sisters of the South here?!?) for promoting ballot propositions that would make card check
(voluntary, non-election procedures where majority support for unions is determined by showing the authorization
cards to employers or neutral third parties) illegal. Clearly state efforts to mess with long established recognition
procedures protected by federal law are preempted, but more usually the NLRB might have pussyfooted around and
waited until such measures were introduced and actually approved by voters before entering the lists and waging
their part of the fight. This one is a slam dunk it would see, though why the NLRB claimed it was not suing Utah and
South Dakota, which are trying to create the same card check bars, because they didnt have enough money, seems
odd.
I would also bet that another shoe is about to drop and that they will also issue a complaint in favor of the NFL
Players Association and against the owners in this marquee labor lockout and bargaining struggle, but no sense in
getting ahead of myself.
The NLRB actually fulfilling its legal mandate and protecting collective bargaining and workers rights would be a
novel and refreshing change in the early days of the 21
st
Century during this dark night for all of us and our unions.
You are subscribed to email updates from Wade Rathke: Chief Organizer Blog
To stop receiving these emails, you may unsubscribe now.
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NLRB-FOIA-00005083
1
Microsoft Outlook
To: Solomon, Lafe E.; Kearney, Barry J.
Here's the story we're trying to get a comment into.
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Subject: (BN) U.S. Labor Board Urged by States to Drop Boeing
Here it is. But as I said, can still update with NLRB comments. They just give me such a
short time to get something out. Don't have boeing comments or machinists yet either, but
have messages out.
+------------------------------------------------------------------------------+
U.S. Labor Board Urged by States to Drop Boeing Complaint (1)
2011-04-28 20:20:18.837 GMT
(Updates with comments from letter in third paragraph.)
By Stephanie Armour
April 28 (Bloomberg) -- The National Labor Relations Board should withdraw immediately
a complaint against Boeing Co.
that alleged the company retaliated against union employees, attorneys general in nine states
said in a letter.
The boards action, citing Boeings decision to open a 787 aircraft assembly line in
South Carolina, is an assault on the ability of the states to create jobs, according to the
letter released today.
Our states are trying to emerge from one of the worst economic collapses since the
Depression, South Carolina Attorney General Alan Wilson wrote in the letter signed by eight
colleagues. Your complaint further impairs an economic recovery.
The board last week said Boeing chose South Carolina, a state that bans labor agreements
that require workers to join a union, over keeping the work in Washington state because it
was motivated by a desire to retaliate for past strike and chill future strike activity.
Boeing executives had said they were concerned about strikes by employees, according to the
complaint.
Wilson and the attorneys general from Virginia, Nebraska, Texas, Georgia, Florida,
Alabama, Oklahoma and Arizona urged the board to cease this attack on our right to work, our
states
economies, and our jobs.
The boards complaint said Boeing should be forced to open a Washington state assembly
line after violating workers rights by building the South Carolina assembly line. The
NLRB-FOIA-00005084
2
company, the worlds biggest aerospace company, decided in 2009 to build the new assembly
line.
Very Board Concern
The states request illustrates very broad concern across the country regarding the
NLRBs complaint, said Michael Eastman, executive director of labor law policy at the U.S.
Chamber of Commerce, in an e-mail.
Boeings choice of South Carolina marked its first departure from the Puget Sound hub
where it has built all its commercial jets. Relations with the Machinists union have been
strained by four strikes since 1989, including the most recent, two-month walkout at the end
of 2008.
A hearing on the labor boards recommendation, which was issued by its acting general
counsel, was scheduled for June 14 before an administrative law judge in Seattle.
For Related News and Information:
Stories on Labor Unions: TNI LABOR UNIONS <GO> Boeing earnings matrix: BA US <Equity> EM11
<GO> Top Boeing stories: BA US <Equity> TCNI WWTOP <GO> Boeing gross annual orders: FRAVBOGO
<Index> GP <GO> Boeing employee data: BA US <Equity> FA 10 <GO>
--Editors: Steve Geimann, John Lear
To contact the reporter on this story:
Stephanie Armour in Washington at +1-202-654-7337 or sarmour@bloomberg.net
To contact the editors responsible for this story:
Steve Geimann at +1-202-624-1960 or
sgeimann@bloomberg.net;
Larry Liebert at +1-202-624-1936 or
lliebert@bloomberg.net
NLRB-FOIA-00005085
1
Microsoft Outlook
From: Guzak, Donna [Donna.Guzak@boeing.com] on behalf of Luttig, Michael
[michael.luttig@boeing.com]
Attachments: Solomon letter with attachment - May 3, 2011.pdf
NLRB-FOIA-00005086
NLRB-FOIA-00005087
NLRB-FOIA-00005088
NLRB-FOIA-00005089
NLRB-FOIA-00005090
NLRB-FOIA-00005091
NLRB-FOIA-00005092
NLRB-FOIA-00005093
NLRB-FOIA-00005094
NLRB-FOIA-00005095
NLRB-FOIA-00005096
1
Microsoft Outlook
Subject: another round of news
Hi Lafe,
I understand you're out of the office today. You may not be aware that Sen. Graham is holding a press conference at
noon on the Boeing issue, probably related to whatever he did on the floor earlier today. I wondered if you have a minute
to talk by phone about our response.
Thanks, Nancy
NLRB-FOIA-00005097
1
Microsoft Outlook
To: Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Mattina, Celeste J.;
Abruzzo, Jennifer; Ahearn, Richard L.; Garza, Jose
Subject: Fwd:
Attachments: Solomon letter with attachment - May 3, 2011.pdf; ATT00001..htm
Sent from my mobile
Begin forwarded message:
From: "Luttig, Michael" <michael.luttig@boeing.com>
To: "Solomon, Lafe E." <Lafe.Solomon@nlrb.gov>
NLRB-FOIA-00005098
Page 1 of 1
8/29/2011 file://C:\IGCShared\in\23\1.htm
NLRB-FOIA-00005099
NLRB-FOIA-00005100
NLRB-FOIA-00005101
NLRB-FOIA-00005102
NLRB-FOIA-00005103
NLRB-FOIA-00005104
NLRB-FOIA-00005105
NLRB-FOIA-00005106
NLRB-FOIA-00005107
NLRB-FOIA-00005108
NLRB-FOIA-00005109
1
Microsoft Outlook
Alas...
________________________________________
To: Cleeland, Nancy
---
NLRB-FOIA-00005110
1
Microsoft Outlook
From:
Subject: seattletimes.com: Boeing lawyer rejects NLRB charges in 787 case
----------------------------------------------------------------------
Boeing lawyer rejects NLRB charges in 787 case
In a forceful letter to the National Labor Relations Board (NLRB), top Boeing lawyer Michael
Luttig rejected the labor agency's complaint against the company's opening of a South
Carolina 787 plant, writing that its charges "fundamentally misquote or mischaracterize
statements by Boeing executives."
======================================================================
for information.
======================================================================
Exemption 6, 7(C)
Exemption 6, 7(C)
NLRB-FOIA-00005111
1
Microsoft Outlook
To:
Subject: Re: seattletimes.com: Boeing lawyer rejects NLRB charges in 787 case
--------------------------
From:
Sent: Wed May 04 19:35:14 2011
Subject: seattletimes.com: Boeing lawyer rejects NLRB charges in 787 case
----------------------------------------------------------------------
Boeing lawyer rejects NLRB charges in 787 case
In a forceful letter to the National Labor Relations Board (NLRB), top Boeing lawyer Michael
Luttig rejected the labor agency's complaint against the company's opening of a South
Carolina 787 plant, writing that its charges "fundamentally misquote or mischaracterize
statements by Boeing executives."
======================================================================
for information.
======================================================================
Exemption 6, 7(C)
Exemption 6
Exemption 6
Exemption 5, 7(A)
NLRB-FOIA-00005112
1
Microsoft Outlook
From: rich ahearn
Subject: Re: IAM press release
Will do.
On May 4, 2011, at 6:48 PM, Solomon, Lafe E. wrote:
> Call me next week so I can give you some background.
> --------------------------
> Sent from my BlackBerry Wireless Handheld
>
>
> ----- Original Message -----
> From: rich ahearn
> To: Solomon, Lafe E.; Cleeland, Nancy; Kearney, Barry J.
> Sent: Wed May 04 21:34:33 2011
> Subject: Fwd: IAM press release
>
> FYI
>
> Begin forwarded message:
>
Exemption 6
Exemption 6
NLRB-FOIA-00005113
1
Microsoft Outlook
--------------------------
Sent: Thu May 05 11:00:51 2011
Marvin E. Kaplan
(202)225-4527
NLRB-FOIA-00005114
NLRB-FOIA-00005115
May 5, 2011
Lafe E. Solomon
1099 14
1
h Street, N.W.
1
2
3
4
1
A vai lab le at
!d.
3 !d.
4
NLRB-FOIA-00005116
May 5, 2011
Page 2
5
6
This would have
Sincerely,
Chairman
Chairman
and Pensions
Labor, and Pensions
5
/d. at 6.
6
!d. at 7-8.
NLRB-FOIA-00005117
May 5, 2011
Page 3
h = identification.
memory
lieu productions.
names.
in all
request to
NLRB-FOIA-00005118
NLRB-FOIA-00005119
May 5, 2011
Page 5
Definitions
6.
terms broadly
The terms or '
1
and phone number.
any manner
NLRB-FOIA-00005120
NLRB-FOIA-00005121
NLRB-FOIA-00005122
NLRB-FOIA-00005123
NLRB-FOIA-00005124
1
Microsoft Outlook
--------------------------
NLRB-FOIA-00005125
1
Microsoft Outlook
Subject: FW: Sarah Palin has weighed in
Youve really made the big time now!
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Subject: Sarah Palin has weighed in
http://www.facebook.com/note.php?note_id=10150178359343435
She posted this on her Facebook page:
Removing the Boot from the Throat of American Businesses
by Sarah Palin on Wednesday, May 11, 2011 at 1:27pm
President Obama has the opportunity to prove that he cares about keeping jobs for working class families in America. He can speak up about
his appointees at the National Labor Relations Board (NLRB) who have their boots on The Boeing Companys neck. Does the President support
the rights of businesses and working class people in right-to-work states to make sound decisions without government regulatory agencies
unfairly punishing them?
Does the President realize the real concern here is not that businesses will choose to locate in one state over another? Its that businesses will
choose to locate in other countries because thanks to the Obama administrations job killing policies and over-reaching regulatory boards the
business climate in the United States is growing toxic. South Carolinas Senator Jim DeMint reminded President Obama that the President said
in his State of the Union address: We have to make America the best place on Earth to do business. I agree with this sentiment, Mr.
President. If we want to keep good paying jobs for working class families in the United States then you shouldnt pit South Carolina against
Washington state because eventually every state will suffer when businesses declare enough is enough with these tactics and decide to
relocate in more business-friendly countries.
- Sarah Palin
NLRB-FOIA-00005126
1
Microsoft Outlook
From: Kinard, Martha E.
Subject: Arkansas
Arkansas Gov. Mike Beebe [Note--he's a Democrat] said Wednesday (May 11) that a National Labor
Relations Board (NLRB) ruling against Boeing could be "detrimental" to Arkansas' economic
development efforts.
This blurb was listed in Marathon Pundit along with Newt and Palin.
Exemption 6
NLRB-FOIA-00005127
1
Microsoft Outlook
To: Kinard, Martha E.
Subject: RE: Arkansas
Nope. But I asked to see if he could figure out why the Ark Republican Senator did not sign the letter with the
other Republican Senators denouncing the complaint.
From: Kinard, Martha E.
Subject: Arkansas
Arkansas Gov. Mike Beebe [Note--he's a Democrat] said Wednesday (May 11) that a National Labor
Relations Board (NLRB) ruling against Boeing could be "detrimental" to Arkansas' economic
development efforts.
This blurb was listed in Marathon Pundit along with Newt and Palin.
Exemption 6
Exemption 6
NLRB-FOIA-00005128
1
Microsoft Outlook
To: Cleeland, Nancy
Tony Wagner
NLRB-FOIA-00005129
1
Microsoft Outlook
Subject: RE: Social media trends
Haha, yes I saw that!
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Tony Wagner
NLRB-FOIA-00005130
1
Microsoft Outlook
From: Osthus, Marlin O.
Subject: Invitation to Speak
Lafe,
I just left a message with your secretary asking to speak with you. The intent of my call is to invite you to speak at the
Labor & Employment Law Institute being held in Minneapolis on November 17. Region 18, the local EEOC office and the
Labor & Employment Law Section of the Minnesota State Bar Association cosponsor the Institute. I am on the planning
committee. We generally have about 200 attorneys attend the Institute focuses on advanced labor and employment law
topics.
Your presentation would be in the morning on November 17, and would likely be 30-45 minutes in length. We are
interested in the following topics: why you issued complaint in the Boeing case and your views on the Republican attacks
(I assume that by then Boeing will have been litigated); the reasons for and a brief explanation of the requirement that all
employers post a notice explaining employees rights under Section 7 of the Act; and finally, the NFL case, including the
preemption issue (by the time of the Institute we assume the 8
th
Circuit will have ruled on the issue).
In addition, if you are willing, we would like you to participate in a panel discussion in the afternoon regarding the new
rules on R case processing (Ive only told the planning committee members new rules are coming, not what they are). As
you may recall, I am on the committee looking at how to implement the rules. My assumption is that by the time of the
Institute the new rules will either be in effect, or close to being put into effect. This panel discussion would be about one
hour in length.
The planning committee has a dinner the night before the Institute for speakers who are from out of town. In addition, of
course, if you have the time I invite you to visit Region 18 offices and staff on Wednesday afternoon. The Institute will pay
all of your travel expenses.
Thanks for considering this invitation hopefully we can speak about this later today or tomorrow.
Marlin
NLRB-FOIA-00005131
1
Microsoft Outlook
To: Contee, Ernestine R.
Subject: FW: Invitation to Speak
I agreed to speak. I will go out on the 16
th
and return in the late afternoon on the 17
th
.
From: Osthus, Marlin O.
Subject: Invitation to Speak
Lafe,
I just left a message with your secretary asking to speak with you. The intent of my call is to invite you to speak at the
Labor & Employment Law Institute being held in Minneapolis on November 17. Region 18, the local EEOC office and the
Labor & Employment Law Section of the Minnesota State Bar Association cosponsor the Institute. I am on the planning
committee. We generally have about 200 attorneys attend the Institute focuses on advanced labor and employment law
topics.
Your presentation would be in the morning on November 17, and would likely be 30-45 minutes in length. We are
interested in the following topics: why you issued complaint in the Boeing case and your views on the Republican attacks
(I assume that by then Boeing will have been litigated); the reasons for and a brief explanation of the requirement that all
employers post a notice explaining employees rights under Section 7 of the Act; and finally, the NFL case, including the
preemption issue (by the time of the Institute we assume the 8
th
Circuit will have ruled on the issue).
In addition, if you are willing, we would like you to participate in a panel discussion in the afternoon regarding the new
rules on R case processing (Ive only told the planning committee members new rules are coming, not what they are). As
you may recall, I am on the committee looking at how to implement the rules. My assumption is that by the time of the
Institute the new rules will either be in effect, or close to being put into effect. This panel discussion would be about one
hour in length.
The planning committee has a dinner the night before the Institute for speakers who are from out of town. In addition, of
course, if you have the time I invite you to visit Region 18 offices and staff on Wednesday afternoon. The Institute will pay
all of your travel expenses.
Thanks for considering this invitation hopefully we can speak about this later today or tomorrow.
Marlin
NLRB-FOIA-00005132
1
Microsoft Outlook
Subject: FW: npr Boeing NLRB
See what I mean? They are all obsessed with this questionIll send her the Estlund piece too.
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Is it possible to search an NLRB data base ( is there such a think that would provide this
infor)
To: Wendy Kaufman
Sorry, I cant be precise because I truly dont know.
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Cc: Wendy Kaufman
Thanks Nancy. What do you mean by recent years thanks, wendy
To: Wendy Kaufman
NLRB-FOIA-00005133
2
Hi Wendy This is a hard one to answer because its hard to define a case like this. We do issue 8(a)(3) complaints all
the time having to do with the issue of retaliation, but this complaint is definitely larger in scope and against a higher-
profile respondent than others in recent years.
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Cc: Wendy Kaufman
profile employer)
To: Wendy Kaufman
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00005134
NLRB-FOIA-00005135
1
Microsoft Outlook
To: Garza, Jose
Subject: RE: Letter to Mr. Solomon from Chairman Issa
Im ready to confer when you are.
From: Garza, Jose
Jose P. Garza
Special Counsel for
202-273-0013
To: Garza, Jose
Cc: Borden, Rob
Jose,
th
Kristin
Kristin Nelson
(202) 225-5074
NLRB-FOIA-00005136
1
Microsoft Outlook
To: Cleeland, Nancy
Cc: Garza, Jose
We will be working on a response tomorrow.
From: Garza, Jose
Jose P. Garza
Special Counsel for
202-273-0013
To: Garza, Jose
Cc: Borden, Rob
Jose,
th
Kristin
Kristin Nelson
(202) 225-5074
NLRB-FOIA-00005137
NLRB-FOIA-00005138
NLRB-FOIA-00005139
NLRB-FOIA-00005140
1
Microsoft Outlook
From: Garza, Jose
Sent: Thu Jun 09 13:20:16 2011
--------------------------
Sent: Thu Jun 09 12:31:27 2011
Nancy Cleeland
(202) 273-0222
To: Cleeland, Nancy
Nancy,
justified.
Exemption 5
Exemption 5
NLRB-FOIA-00005141
2
Jim
From: Rosen, James
Hey, Wesley,
professor.
Thanks.
Jim
NLRB-FOIA-00005142
1
Microsoft Outlook
Subject: FW: NPR piece is scheduled to air on ATC today
Attachments: image002.jpg
As you can see below, the NPR piece is due to air today, but you are on the cutting room floor, Im afraid, and after all that
trouble!
(I think your voice will make it into the next NPR piece on this)
Nancy Cleeland
(202) 273-0222
From: Kathy Lohr [mailto:KLohr@npr.org]
To: Cleeland, Nancy
Cc: Kathy Lohr
Subject: NPR piece is scheduled to air on ATC today
Hi Nancy,
I am away but wanted to give you a heads up. Also my editor ended up cutting Lafes comment. We are using a
comment from David Campbell with the machinists union. I know Wendy is intending to have Lafe in her story.
Thanks for all your help.
Kathy
Kathy Lohr
Correspondent
National Desk
klohr@npr.org
p: 770-640-3878
c: 404-771-8916
always on npr.org
Notice: This communication is confidential to the person to whom it is addressed. No other person is authorized
to read, use or distribute this communication. If you are not the intended recipient, or if you are unable to
deliver this communication to the intended recipient, please notify the sender immediately, by telephone, at the
number listed above.
NLRB-FOIA-00005143
NLRB-FOIA-00005144
1
Microsoft Outlook
To: Cleeland, Nancy
Subject: Re: NPR piece is scheduled to air on ATC today
Always a bridesmaid, never a bride.
Sent from my mobile
On Jun 9, 2011, at 2:34 PM, "Cleeland, Nancy" <Nancy.Cleeland@nlrb.gov> wrote:
As you can see below, the NPR piece is due to air today, but you are on the cutting room floor, Im afraid,
and after all that trouble!
(I think your voice will make it into the next NPR piece on this)
Nancy Cleeland
(202) 273-0222
From: Kathy Lohr [mailto:KLohr@npr.org]
To: Cleeland, Nancy
Cc: Kathy Lohr
Subject: NPR piece is scheduled to air on ATC today
Hi Nancy,
I am away but wanted to give you a heads up. Also my editor ended up cutting Lafes comment. We are
using a comment from David Campbell with the machinists union. I know Wendy is intending to
have Lafe in her story.
Thanks for all your help.
Kathy
Kathy Lohr
Correspondent
National Desk
klohr@npr.org
p: 770-640-3878
c: 404-771-8916
<image002.jpg>
always on npr.org
Notice: This communication is confidential to the person to whom it is addressed. No other
person is authorized to read, use or distribute this communication. If you are not the intended
NLRB-FOIA-00005145
2
recipient, or if you are unable to deliver this communication to the intended recipient, please
notify the sender immediately, by telephone, at the number listed above.
NLRB-FOIA-00005146
1
Microsoft Outlook
From: Baker, Josh [JoshBaker@gov.sc.gov]
Mr. Solomon:
Regards,
Joshua D. Baker
803-734-5153 (office)
803-351-0981 (cell)
NLRB-FOIA-00005147
NLRB-FOIA-00005148
NLRB-FOIA-00005149
NLRB-FOIA-00005150
1
Microsoft Outlook
From: Nancy Cleeland [
To: Liebman, Wilma B.; Solomon, Lafe E.
Subject: greetings
Good morning and happy weekend. Thought you might find this entertaining, a bizarre theory on the
intersection of Boeing and card check from Mark Mix of NRTW:
http://seattletimes.nwsource.com/html/edcetera/2015353349_boeing_the_labor_board_and_rig.html
Ex.6
NLRB-FOIA-00005151
1
Microsoft Outlook
From: Liebman, Wilma B.
Subject: Fw: Rep. Issa Threatens to Eliminate NLRB Over Boeing Dispute
From: LERA Dialog <LERA-DIALOG@LISTSERV.ILLINOIS.EDU>
To: LERA-DIALOG@LISTSERV.ILLINOIS.EDU <LERA-DIALOG@LISTSERV.ILLINOIS.EDU>
Sent: Sat Jun 18 10:36:52 2011
Subject: Rep. Issa Threatens to Eliminate NLRB Over Boeing Dispute
LERA-DIALOG: Questions, Comments, Exchanges, Opinions on theory and practice in Labor and Employment Relations
&NBSP;
Rep. Issa Threatens to Eliminate National Labor Relations Board Over Boeing Dispute
By AMY BINGHAM
June 17, 2011, ABC News
In a hearing rife with partisan disagreement, Rep. Darrell Issa, the chairman of the House Committee on
Oversight and Government Reform, threatened to eliminate the National Labor Relations Board at his
committee's hearing today in response to a lawsuit the board has filed against Boeing.
"We could eliminate the NLRB or take the premise and statutorily change it," said Issa, R-Calif.
"This [lawsuit] could lead to repercussions in America's competitiveness."
The airplane manufacturer is being investigated for "transferring" the production of its 787 Dreamliner airplane
from union-friendly Washington to South Carolina, where union influence is not as strong.
The word "transferring" was a sticking point for Rep. Tim Scott, R-S.C., because Boeing had not physically
moved any jobs out of Washington. The company has added 2,000 union jobs at the Washington plant since the
decision was made to move to South Carolina, where 1,000 new employees will begin working later this
summer.
NLRB-FOIA-00005152
2
"The theory of our complaint does not depend on whether it is new work or not," said Lafe Solomon, the
NLRB's general counsel. Solomon said the suit was based on claims that Boeing built in South Carolina
because of strikes by union workers at the Washington plant
Full story at http://abcnews.go.com/News/rep-darrell-issa-threatens-eliminate-labor-board-
boeing/story?id=13871074
--
Daniel J.B. Mitchell
Professor-Emeritus
UCLA Anderson Graduate School of Management
and
UCLA School of Public Affairs
Office Address:
Anderson Graduate School of Management
UCLA
110 Westwood Plaza
Los Angeles, California 90095-1481 USA
Personal Address:
PO Box 492391
Los Angeles, California 90049-8391 USA
Office Phone: 310-825-1504
Cell Phone: 310-592-6180
VOICEMAIL 513-TROLLEY [513-876-5539]
Fax: 310-829-1042
E-mail: daniel.j.b.mitchell@anderson.ucla.edu
Web page:
http://www.anderson.ucla.edu/x2195.xml
YouTube Channel:
http://www.youtube.com/danieljbmitchell
Twitter Account for Public Policy 10B and 233:
http://www.twitter.com/calpolicy
Blog for UCLA Faculty Association:
http://uclafacultyassociation.blogspot.com/
**UNSUBSCRIBE: You are receiving this message because you subscribe to the LERA-DIALOG listserv list. If you wish to unsubscribe, please send a message to
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NLRB-FOIA-00005153
1
Microsoft Outlook
From: Calatrello, Frederick J.
Subject: Letter
Importance: High
Lafe, More
importantly, I hope that you are doing well albeit you must at times feel that you are perched on the hottest seat in town.
On the other hand, as the legendary four term Mayor of Boston, James Michael Curley, was fond of pointing out, it
doesnt what the papers say about you just as long as they spell your name right. Regards, Fred
Non-Responsive
NLRB-FOIA-00005154
1
Microsoft Outlook
To: Calatrello, Frederick J.
Subject: RE: Letter
Fred, You are quite welcome. I would point out, however, that although the Congressmen spelled my name correctly at
the hearing in Charleston, they pronounced my first name as la-FE, I guess assuming that I was French. It's all surreal.
Lafe
From: Calatrello, Frederick J.
Subject: Letter
Lafe, . More
importantly, I hope that you are doing well albeit you must at times feel that you are perched on the hottest seat in town.
On the other hand, as the legendary four term Mayor of Boston, James Michael Curley, was fond of pointing out, it
doesnt what the papers say about you just as long as they spell your name right. Regards, Fred
Non-Responsive
NLRB-FOIA-00005155
1
Microsoft Outlook
--------------------------
Sent: Thu Jun 23 10:35:29 2011
Here, here!
Text Size
Print
E-mail
Reprints
NLRB-FOIA-00005156
2
years.
with long ago.
Organizing.
NLRB-FOIA-00005157
NLRB-FOIA-00005158
NLRB-FOIA-00005159
1
Microsoft Outlook
Sent: Thursday, July 07, 2011 4:11 PM
Subject: washington post
Hi Lafe,
A Washington Post reporter, Michael Fletcher, asked if youd be available for an interview
for the Federal Page. It would be another general profile, and we could have the same ground rules on Boeing as the
others. He would like to do it sometime next week. What do you think?
Thanks, Nancy
Nancy Cleeland
(202) 273-0222
Non-Responsive
Non-Responsive
NLRB-FOIA-00005160
1
Microsoft Outlook
From: Sophir, Jayme
Sent: Monday, April 25, 2011 9:56 AM
To: Dodds, Amy L.
Subject: RE: Boeing -- posting as SAM
Sounds good.
From: Dodds, Amy L.
Sent: Monday, April 25, 2011 9:50 AM
To: Sophir, Jayme
Subject: Boeing -- posting as SAM
Hi Jayme Im assuming that Boeing can go up as a SAM now? Im planning to post it today along with Arizona Daily
Star. Thanks. Amy
Tracking:
NLRB-FOIA-00005161
2
Recipient Delivery
Dodds, Amy L. Delivered: 4/25/2011 9:56 AM
NLRB-FOIA-00005162
1
Microsoft Outlook
Subject: FW: Boeing - Nice economist piece
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00005163
1
Microsoft Outlook
To: Cleeland, Nancy; Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Mattina, Celeste J.;
Abruzzo, Jennifer; Ahearn, Richard L.; Garza, Jose
Subject: Boeing - letter to Solomon
Attachments: Solomon letter with attachment - May 3, 2011.pdf; ATT00001..htm
Sent from my mobile
Begin forwarded message:
From: "Luttig, Michael" <michael.luttig@boeing.com>
To: "Solomon, Lafe E." <Lafe.Solomon@nlrb.gov>
NLRB-FOIA-00005164
Page 1 of 1
8/29/2011 file://C:\IGCShared\in\23\1.htm
NLRB-FOIA-00005165
NLRB-FOIA-00005166
NLRB-FOIA-00005167
NLRB-FOIA-00005168
NLRB-FOIA-00005169
NLRB-FOIA-00005170
NLRB-FOIA-00005171
NLRB-FOIA-00005172
NLRB-FOIA-00005173
NLRB-FOIA-00005174
NLRB-FOIA-00005175
1
Microsoft Outlook
Subject: FW: Boeing - House Committee on Education and the Workforce Oversight Request
Attachments: 05-05-2011 - Letter to Lafe Solomon - NLRB on Boeing Text.pdf; image006.gif; image007.gif;
image008.gif; image009.gif; image010.gif
--------------------------
Sent: Thu May 05 11:00:51 2011
Marvin E. Kaplan
(202)225-4527
NLRB-FOIA-00005176
NLRB-FOIA-00005177
NLRB-FOIA-00005178
NLRB-FOIA-00005179
NLRB-FOIA-00005180
NLRB-FOIA-00005181
NLRB-FOIA-00005182
May 5, 2011
Lafe E. Solomon
1099 14
1
h Street, N.W.
1
2
3
4
1
A vai lab le at
!d.
3 !d.
4
NLRB-FOIA-00005183
May 5, 2011
Page 2
5
6
This would have
Sincerely,
Chairman
Chairman
and Pensions
Labor, and Pensions
5
/d. at 6.
6
!d. at 7-8.
NLRB-FOIA-00005184
May 5, 2011
Page 3
h = identification.
memory
lieu productions.
names.
in all
request to
NLRB-FOIA-00005185
NLRB-FOIA-00005186
May 5, 2011
Page 5
Definitions
6.
terms broadly
The terms or '
1
and phone number.
any manner
1
Microsoft Outlook
From: Sophir, Jayme
To: Dodds, Amy L.
Subject: RE: Boeing - House Committee on Education and the Workforce Oversight Request
Probably not necessary since it will be closing soon.
From: Dodds, Amy L.
To: Sophir, Jayme
Subject: RE: Boeing - House Committee on Education and the Workforce Oversight Request
Do you want this on the time chart?
From: Sophir, Jayme
To: Allen, Constance; Dodds, Amy L.
Cc: Willen, Debra L; Szapiro, Miriam
Constance,
Please log in a new matter under the name Boeing congressional inquiries, and assign it to Deb and Miriam (with BJK
as manager), effective May 5, and put the attachment in the file. Thanks,
Jayme
--------------------------
NLRB-FOIA-00005187
2
Sent: Thu May 05 11:00:51 2011
Marvin E. Kaplan
(202)225-4527
Tracking:
NLRB-FOIA-00005188
3
Recipient Delivery
Dodds, Amy L. Delivered: 5/12/2011 9:33 AM
NLRB-FOIA-00005189
NLRB-FOIA-00005190
NLRB-FOIA-00005191
NLRB-FOIA-00005192
NLRB-FOIA-00005193
NLRB-FOIA-00005194
1
Microsoft Outlook
Subject: FW: Boeing - governors letter Case 19-CA-32431
Mr. Solomon:
Regards,
Joshua D. Baker
803-734-5153 (office)
803-351-0981 (cell)
NLRB-FOIA-00005195
NLRB-FOIA-00005196
NLRB-FOIA-00005197
NLRB-FOIA-00005198
1
Microsoft Outlook
To: Farrell, Ellen; Sophir, Jayme
Subject: FW: Boeing - doc request and subpoena threat
Price of poker just went up
From: Garza, Jose
Jose P. Garza
Special Counsel for
202-273-0013
NLRB-FOIA-00005199
NLRB-FOIA-00005200
NLRB-FOIA-00005201
NLRB-FOIA-00005202
NLRB-FOIA-00005203
NLRB-FOIA-00005204
NLRB-FOIA-00005205
NLRB-FOIA-00005206
NLRB-FOIA-00005207
1
Microsoft Outlook
Subject: FW: Boeing as a runaway shop?
More from our distinguished colleague
Sure I would like to see the memo when it is doneas indicated in my email, there is a lot to get your head around in this
area, and I need to dig deeper.
Whatever Scalia does will be ugly, combining Milwaukee Springs II mid contract relocation bargaining and the hardnosed
HK Porter/TWA/Lockout cases perspective that the free play of economic weapons notion makes it easy to understand
why unions want to strike in summer and employers want to lockout in winter and why the IAM loves Seattle and Boeings
new love is Alabama. So far as Scalia is concerned, the fact that one side or the other is seeking higher ground on which
to fight, having been earlier bloodied in the valley, is in the nature of economic warfare and of no concern to the courts.

To: Ferguson, John H.
Boeing doesnt at least for now contend that striking makes for higher labor costs and that is why they are moving. In fact
it is cheaper and more efficient to put the work in Puget Sound. They contend that strikes make it harder for them to
deliver planes to their customer and that is a sufficient business justification to move because the Union wont agree now
mid-contract to a 22 year no strike pledge. What do you think Scalia will do with that? Do you want to see the memo
when it is done?
Subject: Boeing as a runaway shop?
Exemption 5
Exemption 5
NLRB-FOIA-00005208
2
Exemption 5
NLRB-FOIA-00005209
1
Microsoft Outlook
Subject: FW: Nice economist piece
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00005210
1
Microsoft Outlook
From: Szapiro, Miriam
To: Miriam - Szapiro
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00005211
1
Microsoft Outlook
From:
Sent: Wednesday, May 04, 2011 8:38 AM
To: Willen, Debra L; Szapiro, Miriam
Subject: FW: more talk of "defunding"
I guess youve seen this--
From:
To:
Subject: more talk of "defunding"
http://www.huffingtonpost.com/2011/05/03/right-to-work-senate-nlrb_n_857021.html
Advice Attorneys
Advice Attorneys
Advice Attorneys
NLRB-FOIA-00005212
1
Microsoft Outlook
To: Willen, Debra L
Subject: RE: more talk of "defunding"
Hadnt seen it yet thanks.
From:
From:
To:
Exemption 6 - Advice attorney
Exemption 6 - Advice attorneys
NLRB-FOIA-00005213
1
Microsoft Outlook
From: Willen, Debra L
To: Szapiro, Miriam;
Thanks for forwarding this -- I hadn't seen it either.
________________________________________
To: ; Willen, Debra L
Suddenly were the little engine that could . . . (hopefully)
Miriam Szapiro
Supervisory attorney
NLRB Division of Advice
202-273-0998
Miriam.Szapiro@nlrb.gov
________________________________
From:
________________________________
From:
To:
Advice Attorney
Advice Attorneys
Advice Attorney
Advice Attorney
Advice Atto...
Advice Attorney
NLRB-FOIA-00005216
1
Microsoft Outlook
Subject: FW: how our statement is showing up today
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00005217
1
Microsoft Outlook
To: Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme; Willen, Debra L
Subject: RE: how our statement is showing up today
Very dignified
Subject: FW: how our statement is showing up today
Nancy Cleeland
(202) 273-0222
NLRB-FOIA-00005218
1
Microsoft Outlook
To: Miriam - Szapiro
Miriam Szapiro
202-273-0998
--------------------------
Sent: Thu May 05 11:00:51 2011
Marvin E. Kaplan
(202)225-4527
NLRB-FOIA-00005219
NLRB-FOIA-00005220
NLRB-FOIA-00005221
NLRB-FOIA-00005222
NLRB-FOIA-00005223
NLRB-FOIA-00005224
NLRB-FOIA-00005225
May 5, 2011
Lafe E. Solomon
1099 14
1
h Street, N.W.
1
2
3
4
1
A vai lab le at
!d.
3 !d.
4
NLRB-FOIA-00005226
May 5, 2011
Page 2
5
6
This would have
Sincerely,
Chairman
Chairman
and Pensions
Labor, and Pensions
5
/d. at 6.
6
!d. at 7-8.
NLRB-FOIA-00005227
May 5, 2011
Page 3
h = identification.
memory
lieu productions.
names.
in all
request to
NLRB-FOIA-00005228
NLRB-FOIA-00005229
May 5, 2011
Page 5
Definitions
6.
terms broadly
The terms or '
1
and phone number.
any manner
1
Microsoft Outlook
To:
Miriam Szapiro
202-273-0998
To: Cleeland, Nancy
Add us to your Address Book! Add tom_harkin@harkin.enews.senate.gov to your address book now to
ensure your newsletter always get delivered.
May 10, 2011 (202) 224-3254
E 6 privacy
NLRB-FOIA-00005230
2
###
NLRB-FOIA-00005231
1
Microsoft Outlook
From: Sophir, Jayme
To: Allen, Constance; Dodds, Amy L.
Cc: Willen, Debra L; Szapiro, Miriam
Constance,
Please log in a new matter under the name Boeing congressional inquiries, and assign it to Deb and Miriam (with BJK
as manager), effective May 5, and put the attachment in the file. Thanks,
Jayme
--------------------------
Sent: Thu May 05 11:00:51 2011
Marvin E. Kaplan
(202)225-4527
NLRB-FOIA-00005232
2
NLRB-FOIA-00005233
NLRB-FOIA-00005234
NLRB-FOIA-00005235
NLRB-FOIA-00005236
NLRB-FOIA-00005237
NLRB-FOIA-00005238
NLRB-FOIA-00005239
May 5, 2011
Lafe E. Solomon
1099 14
1
h Street, N.W.
1
2
3
4
1
A vai lab le at
!d.
3 !d.
4
NLRB-FOIA-00005240
May 5, 2011
Page 2
5
6
This would have
Sincerely,
Chairman
Chairman
and Pensions
Labor, and Pensions
5
/d. at 6.
6
!d. at 7-8.
NLRB-FOIA-00005241
May 5, 2011
Page 3
h = identification.
memory
lieu productions.
names.
in all
request to
NLRB-FOIA-00005242
NLRB-FOIA-00005243
May 5, 2011
Page 5
Definitions
6.
terms broadly
The terms or '
1
and phone number.
any manner
1
Microsoft Outlook
From: Compton, Kayce R.
Sent: Wednesday, June 01, 2011 10:25 AM
To: Szapiro, Miriam; Willen, Debra L
Subject: FW: Text of bill to block Boeing relocation
.
FYI
Subject: Text of bill to block Boeing relocation
112th CONGRESS
1st Session
H. R. 1976
To amend the National Labor Relations Act to clarify the applicability of such Act with respect to States that
have right to work laws in effect.
IN THE HOUSE OF REPRESENTATIVES
MAY 24, 2011
Mr. SCOTT of South Carolina (for himself, Mr. WILSON of South Carolina, Mr. GOWDY, Mr. DUNCAN of
South Carolina, and Mr. MULVANEY) introduced the following bill; which was referred to the Committee on
Education and the Workforce
A BILL
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
NLRB-FOIA-00005244
2
This Act may be cited as the Job Protection Act.
SEC. 2. APPLICATION TO CERTAIN SPEECH, BUSINESS DECISIONS.
(a) Unfair Labor Practices.Section 8(a)(3) of the National Labor Relations Act (29 U.S.C. 158(a)(3)) is
amended by inserting before the semicolon at the end the following: : Provided further, That an employers
expression of any views, argument, or opinion related to the costs associated with collective bargaining, work
stoppages, or strikes, or the dissemination of such views, arguments, or opinions, whether in written, printed,
graphic, digital, or visual form, shall not constitute or be evidence of antiunion animus or unlawful motive, if
such expression contains no threat of reprisal or force or promise of benefit.
(b) Prevention of Unfair Labor Practices.Section 10 of the National Labor Relations Act (29 U.S.C. 160) is
amended
(1) in subsection (a), by inserting after the period at the end the following: : Provided further, That the
Board shall have no power to order any employer to relocate, shut down, or transfer any existing or planned
facility or work or employment opportunity, or prevent any employer from making such relocations,
transfers, or expansions to new or existing facilities in the future, or prevent any employer from closing a
facility, not developing a facility, or eliminating any employment opportunity unless and until the employer
has been adjudicated finally to have unlawfully undertaken such actions
(1) without advance notice to the labor organization, if any, representing the bargaining unit of the affected
employees, of the economic reason(s) for the relocation, shut down, or transfer of existing or future work; or
(2) as a primary and direct response to efforts by a labor organization to organize a previously
unrepresented workplace; and
(2) by adding at the end the following:
(n) Nothing in this Act shall prevent an employer from choosing where to locate, develop, or expand its
business or facilities, or require any employer to move, transfer, or relocate any facility, production line, or
employment opportunity, or require that an employer cease or refrain from doing so, or prevent any employer
from closing a facility or eliminating any employment opportunity unless the employer has been adjudicated
finally to have unlawfully undertaken such actions
unrepresented workplace..
Andrew Martin
Librarian (Law)
1099 14th Street NW
Suite 800
(202) 273-3724
(202) 273-2906 fax
NLRB-FOIA-00005245
3
NLRB-FOIA-00005246
1
Microsoft Outlook
To: Kearney, Barry J.; Farrell, Ellen; Sophir, Jayme
Cc: Szapiro, Miriam
.
FYI
112th CONGRESS
1st Session
H. R. 1976
MAY 24, 2011
A BILL
NLRB-FOIA-00005247
2
assembled,
amended
NLRB-FOIA-00005248
3
Andrew Martin
Librarian (Law)
1099 14th Street NW
Suite 800
(202) 273-3724
(202) 273-2906 fax
NLRB-FOIA-00005249
1
Microsoft Outlook
To: Compton, Kayce R.; Willen, Debra L
Subject: RE: Text of bill to block Boeing relocation
sigh
.
FYI
112th CONGRESS
1st Session
H. R. 1976
MAY 24, 2011
A BILL
NLRB-FOIA-00005250
2
assembled,
amended
NLRB-FOIA-00005251
3
Andrew Martin
Librarian (Law)
1099 14th Street NW
Suite 800
(202) 273-3724
(202) 273-2906 fax
Tracking:
NLRB-FOIA-00005252
4
Recipient Read
Compton, Kayce R. Read: 6/1/2011 12:20 PM
Willen, Debra L Read: 6/1/2011 12:13 PM
NLRB-FOIA-00005253
1
Microsoft Outlook
To: Szapiro, Miriam
sigh
.
FYI
112th CONGRESS
1st Session
H. R. 1976
MAY 24, 2011
Non-Responsive
NLRB-FOIA-00005254
2
A BILL
assembled,
amended
NLRB-FOIA-00005255
3
Andrew Martin
Librarian (Law)
1099 14th Street NW
Suite 800
(202) 273-3724
(202) 273-2906 fax
NLRB-FOIA-00005256
1
Microsoft Outlook
To: Willen, Debra L
To: Szapiro, Miriam
sigh
.
FYI
112th CONGRESS
1st Session
H. R. 1976
Non-Responsive
Non-Responsive
NLRB-FOIA-00005257
2
MAY 24, 2011
A BILL
assembled,
amended
NLRB-FOIA-00005258
3
Andrew Martin
Librarian (Law)
1099 14th Street NW
Suite 800
(202) 273-3724
(202) 273-2906 fax
Tracking:
NLRB-FOIA-00005259
4
Recipient Read
NLRB-FOIA-00005260
1
Microsoft Outlook
To: Szapiro, Miriam
To: Willen, Debra L
To: Szapiro, Miriam
sigh
.
Non-Responsive
Non-Responsive
Non-Responsive
NLRB-FOIA-00005261
2
FYI
112th CONGRESS
1st Session
H. R. 1976
MAY 24, 2011
A BILL
assembled,
NLRB-FOIA-00005262
3
amended
Andrew Martin
Librarian (Law)
1099 14th Street NW
Suite 800
(202) 273-3724
(202) 273-2906 fax
NLRB-FOIA-00005263
1
Microsoft Outlook
To: Willen, Debra L
To: Szapiro, Miriam
To: Willen, Debra L
To: Szapiro, Miriam
sigh
Non-Responsive
Non-Responsive
Non-Responsive
Non-Responsive
NLRB-FOIA-00005264
2
.
FYI
112th CONGRESS
1st Session
H. R. 1976
MAY 24, 2011
A BILL
assembled,
NLRB-FOIA-00005265
3
amended
Andrew Martin
Librarian (Law)
1099 14th Street NW
Suite 800
(202) 273-3724
(202) 273-2906 fax
Tracking:
NLRB-FOIA-00005266
4
Recipient Read
NLRB-FOIA-00005267
1
Microsoft Outlook
To: Szapiro, Miriam
To: Willen, Debra L
To: Szapiro, Miriam
To: Willen, Debra L
To: Szapiro, Miriam
Non-Responsive
Non-Responsive
Non-Responsive
Non-Responsive
Non-Responsive
NLRB-FOIA-00005268
2
sigh
.
FYI
112th CONGRESS
1st Session
H. R. 1976
MAY 24, 2011
A BILL
NLRB-FOIA-00005269
3
assembled,
amended
Andrew Martin
Librarian (Law)
NLRB-FOIA-00005270
4
1099 14th Street NW
Suite 800
(202) 273-3724
(202) 273-2906 fax
NLRB-FOIA-00005271
1
Microsoft Outlook
To: Farrell, Ellen; Sophir, Jayme; Willen, Debra L; Szapiro, Miriam
Subject: Re: ACS to Host Call-In Briefing on National Labor Relations Board's Complaint aginst Boeing
Co.
Who is telling Being's stort. I wonder if Newt is available
--------------------------
To: Kearney, Barry J.; Sophir, Jayme; Willen, Debra L; Szapiro, Miriam
Sent: Tue Jun 07 19:16:59 2011
Subject: FW: ACS to Host Call-In Briefing on National Labor Relations Board's Complaint aginst Boeing Co.
From: Pye, Rosemary
To: Farrell, Ellen
Subject: FW: ACS to Host Call-In Briefing on National Labor Relations Board's Complaint aginst Boeing Co.
Dear Ellen,
I thought you might be interested in this discussion.
Rosemary
From: Reyes, Lucy E.
To: Pye, Rosemary
Subject: ACS to Host Call-In Briefing on National Labor Relations Board's Complaint aginst Boeing Co.
Rosemary,
A friend sent me this earlier today.
I thought youd be interested.
Lucy
ACS Hosts Call-In Briefing on National Labor Relations Boards Complaint against Boeing Co.
Experts to Explore Boeing Case Alleging Violations of Workers Rights
For Immediate release: Contact: Jeremy Leaming
NLRB-FOIA-00005272
2
June 7, 2011 202-393-6181
jleaming@acslaw.org
Washington, D.C. In a teleconference briefing hosted by the American Constitution Society for Law and Policy (ACS),
labor and constitutional law experts will explore the National Labor Relations Boards complaint lodged against Boeing
Company for allegedly retaliating against its workers in Washington State for exercising their right to strike. The NLRB
complaint, which charges Boeing with violating the National Labor Relations Act (NLRA), is scheduled to be heard before
an administrative law judge on June 14. The ACS teleconference briefing will examine the complaint, the right-wing
attacks against it, including calls from conservative lawmakers to defund the NLRB, and other questions surrounding the
matter. For example, is there anything unusual about the substance of the complaint, and what is the proper role of
Congress in relation to the actions of independent agencies such as the NLRB?
WHO:
Caroline Fredrickson, Executive Director of ACS (will provide introductory remarks).
James J. Brudney, Newton D. Baker-Baker & Hostetler Chair in Law, Ohio State University Michael E. Moritz
College of Law; Beginning in September 2011, Professor of Law, Fordham University School of Law.
Catherine Fisk, Chancellors Professor of Law, University of California, Irvine School of Law.
WHEN: Thursday, June 9, 2011, 12:00 p.m.
CALL-IN NUMBERS: Call-In: (308) 344 - 6400 ID: 381130#
Please RSVP: at press@acslaw.org
The American Constitution Society for Law and Policy (ACS), founded in 2001 and one of the nation's leading progressive
legal organizations, is a rapidly growing network of lawyers, law students, scholars, judges, policymakers and other
concerned individuals. For more information about the organization or to locate one of the more than 200 lawyer and law
student chapters in 48 states, please visit www.acslaw.org.
If you would rather not receive future communications from American Constitution Society, let us know by clicking here.
American Constitution Society, 1333 H Street, NW 11th Floor, Washington, DC 20005 United States
NLRB-FOIA-00005273
1
Microsoft Outlook
Mr. Solomon:
Regards,
Joshua D. Baker
803-734-5153 (office)
803-351-0981 (cell)
NLRB-FOIA-00005274
NLRB-FOIA-00005275
NLRB-FOIA-00005276
NLRB-FOIA-00005277
1
Microsoft Outlook
To: Todd, Dianne
Subject: Re: Memo to Lafe from Advice
D, Many thanks; btw...can you give me your schedule in the next few weeks...in case Boeing offers to present witnesses
and GC agrees?
Many thanks.
R
--------------------------
From: Todd, Dianne
Sent: Tue Dec 14 13:37:10 2010
Rich,
Good luck!
Dianne
Sent: Sunday, December 12, 2010 10:55 AM
To: Todd, Dianne; Jablonski, Colleen G.
Subject: Memo to Lafe from Advice
Dianne, Colleen,
Many thanks.
Rich
Richard L Ahearn
Regional Director, Region 19, Seattle
206 220 6310
E 5 & 7(A) deliberative & open case/harm
E 5 & 7(A) deliberative & open case/harm
NLRB-FOIA-00005278
1
Microsoft Outlook
From: Todd, Dianne
To: Kobe, James
Subject: RE: Boeing Company Withdrawal 19-CA-032431
Yes, its been processed, thanks!
From: Kobe, James
To: Todd, Dianne
Subject: FW: Boeing Company Withdrawal 19-CA-032431
Need to process this, if you havent already !
Jim Kobe
ARD, Region 19
206-220-6314
From: Sand, Shelley
Sent: Friday, April 29, 2011 10:07 AM
NLRB-FOIA-00005279
1
Microsoft Outlook
To: Pomerantz, Anne; Anzalone, Mara-Louise; Finch, Peter G.; Todd, Dianne; Jablonski, Colleen G.
Subject: FW: huffingtonpost
The take on Boeing from Huffington Posts new labor writer:
Nancy Cleeland
(202) 273-0222
Non-Responsive
NLRB-FOIA-00005280
1
Microsoft Outlook
To: Pomerantz, Anne; Anzalone, Mara-Louise; Finch, Peter G.; Jablonski, Colleen G.; Todd, Dianne
May 10, 2011 (202) 224-3254
Non-Responsive
NLRB-FOIA-00005281
2
###
NLRB-FOIA-00005282
1
Microsoft Outlook
Alas...
________________________________________
To: Cleeland, Nancy
---
NLRB-FOIA-00005283
1
Microsoft Outlook
--------------------------
Sent: Thu May 05 11:00:51 2011
Marvin E. Kaplan
(202)225-4527
NLRB-FOIA-00005284
NLRB-FOIA-00005285
NLRB-FOIA-00005286
NLRB-FOIA-00005287
NLRB-FOIA-00005288
NLRB-FOIA-00005289
NLRB-FOIA-00005290
May 5, 2011
Lafe E. Solomon
1099 14
1
h Street, N.W.
1
2
3
4
1
A vai lab le at
!d.
3 !d.
4
NLRB-FOIA-00005291
May 5, 2011
Page 2
5
6
This would have
Sincerely,
Chairman
Chairman
and Pensions
Labor, and Pensions
5
/d. at 6.
6
!d. at 7-8.
NLRB-FOIA-00005292
May 5, 2011
Page 3
h = identification.
memory
lieu productions.
names.
in all
request to
NLRB-FOIA-00005293
NLRB-FOIA-00005294
May 5, 2011
Page 5
Definitions
6.
terms broadly
The terms or '
1
and phone number.
any manner
1
Microsoft Outlook
To: Cleeland, Nancy
May 10, 2011 (202) 224-3254
NLRB-FOIA-00005295
2
###
NLRB-FOIA-00005296

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ADR: NLRB May Change Arbitration Deferral Standards

ADR: NLRB May Change Arbitration Deferral Standards

ADR: NLRB May Change Arbitration Deferral Standards

ADR: NLRB May Change Arbitration Deferral Standards

From: Kearney, Barry J.

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