Sunday, May 05, 2019

Donald Trump is harassing the agencies affiliated with Congressional spending. He is AGAIN conducting his harassment illegally.

Donald Trump refuses to follow the law. The Congress, especially the US House, is responsible for the federal budget. By harassing the agencies to prevent spending Trump can report he is improving the operations of the government and demand the budget to be decreased.

He promised to cut the federal budget to ZERO by the end of his first term. The exception is the military. Evidently, according to the extreme right wing ideology, the federal government is not necessary and the only constitutional activity is the USA military.

Donald Trump manages to reek havoc at every turn and completely disregards the law and the power of the legislature. Trump has conducted a full front assault against the US Constitution. He is a communist, what does anyone expect?

This is just a stark example of the impact of Trump on the government functioning. He is not to be trusted.

There were approximately 16 announcements sent via cyber on May 4th. That is dysfunctional and no doubt occurred because Trump instructed higher spending at the NLRB. Why? Because Joe Biden showed up. That's why.

I think all the Democratic candidates are wonderful, but, Trump sees the former Vice President as the one person that scares him. I believe this episode with the NLRB is very telling to the corruption Trump instills into the government.

September 30, 2018
By Hassan A. Kanu

The Government Accountability Office (click here) wrapped up an investigation into possible budget improprieties at the National Labor Relations Board without issuing a formal, public report of its findings, sources familiar with the inquiry tell Bloomberg Law.

The investigation followed reports that the Trump administration had instructed the board’s chairman and general counsel to restrict their spending of money allocated to the NLRB for this fiscal year. Agencies are generally required to spend allotted funds unless the president pauses the process by sending a “special message” to Congress, and then a revised budget.

The directive was said to be part of a White House plan to claw back about $15 billion that had been appropriated by Congress to federal agencies.

The GAO deals with that sort of underspending allegation on a “no harm, no foul” basis, sources familiar with the process told Bloomberg Law. The primary objective is making sure improperly withheld funds are released. Investigators may drop a probe and decline to make findings public if there isn’t proof of impropriety, or if the agency corrects course.

It’s unclear whether the GAO found merit to allegations that the board unlawfully withheld funds or if the probe was ended because funds were subsequently released....

The NLRB is doing good work.

Date announcement arrived to inbox: Sat, May 4, 4:15 PM (1 day ago)

Office of Public Affairs
202-273-1991
publicinfo@nlrb.gov
www.nlrb.gov

October 20, 2017 (click here)

Ellen’s Stardust Diner, home of the world-famous singing servers in Times Square, New York City, settled a number of unfair labor practice allegations in late September 2017, just a week before a hearing on the issues was scheduled to go forward. The restaurant agreed to offer reinstatement to all thirty-one discharged employees, expunge the employee records of the alleged unlawful discharges, and post and mail notices to current and former employees. Thirteen employees have accepted offers of reinstatement. The settlement agreement provides that backpay for all discharged employees will be adjudicated through a compliance hearing.

A server and Stardust Family United, the union created by the servers, initially filed charges in September 2016. The charges alleged that Ellen’s Stardust Diner had surveilled employees while they were engaged in protected concerted activities, interrogated employees regarding their protected concerted or union activities, interfered with employee social media postings, disabled employee workplace messaging, maintained an overly-broad confidentiality provision, solicited employee signatures for a petition to remove Stardust Family United as a representative, and discharged thirty-one employees because of their protected concerted and union activities.

Throughout the investigation, the Employer asserted that it discharged thirty of the thirty-one employees after it uncovered theft by reviewing its point-of-sale records. The Employer turned over its findings to the Manhattan District Attorney’s office. In assessing the Employer’s reason for termination, the Region reviewed at least 26,000 pages of documents and concluded that the discharges were retaliatory....
May 3, 2019
By Jason Rima

The National Weather Service (click here) says survey teams have confirmed 12 tornadoes touched down Tuesday.

The latest twister is an EF-1 tornado that hit near Macomb in Wright County.

It damaged a saw mill and an office building, along with several trees.

The biggest confirmed tornado was an EF-2 tornado that hit near Ozark.

Other tornadoes touched down in Eudora, Galena, Monett, Protem, Squires, and Wheaton.

Miller and Willard had two twisters each.

There is no excuse for any of this. It appears to me the notifications are deliberately LATE in publication.

Date announcement arrived at inbox: Sat, May 4, 4:30 PM (1 day ago)

Office of Public Affairs
202-273-1991
publicinfo@nlrb.gov
www.nlrb.gov

March 1, 2019 (click here)

On February 4, 2019, the National Labor Relations Board invited the filing of briefs in KIPP Academy Charter School, 02-RD-191760, to allow parties and interested amici an opportunity to address whether the Board should exercise its discretion to decline jurisdiction over charter schools as a class under Section 14(c)(1) of the National Labor Relations Act (NLRA), and, therefore, modify or overrule the 2016 Hyde Leadership Charter School—Brooklyn, and Pennsylvania Virtual Charter School decisions.

To aid in the consideration of the issues raised in the above-named case, the Board has now extended the time for filing amicus and responsive briefs in this matter (the deadline for filing briefs on review was previously extended).  Parties now have until March 6, 2019 to file briefs on review and interested amici now have until March 20, 2019 to file amicus briefs.  The deadline for parties to file responsive briefs has been extended to April 3, 2019.

Click here to read the notice and invitation to file briefs.

Click here for a list of case participants.

If west Tennessee is highly seismic and there are the beginnings of microquakes in east Tennessee someone needs to perform a more comprehensive study.

May 3, 2019

Maryville, Tenn. - Residents in the Maryville area (click here) may have gotten a shaky surprise on Friday morning.

According to the USGS, a small earthquake hit the town at around 4:30 a.m.

The USGS said it was a magnitude 2.0 quake.

This seismic event is just one of many to hit the East Tennessee area in the last few months.

April 23, 2019

Lenoir City, Tenn. - If you felt the ground shake (click here) Tuesday morning, you're not crazy. The USGS reports a magnitude 2.1 earthquake hit Lenoir City around 3:30 a.m.

Magnitude 2.1 is small enough that many people may have slept right through it. No damage has been reported.

April 4, 2019

Maryville, Tenn. -  The 911 center in Blount County (click here) said dozens of people have called with reports of loud booming in Maryville.

According to the USGS, four earthquakes hit near Maryville on Thursday. Two around 1 p.m., a 2.4 and a 1.8 magnitude, one around 5 p.m., a 1.4, and another around 7:45 p.m., a 1.4 magnitude.

Callers reported hearing loud sounds in the Sandy Springs area and near Maryville High School, one dispatcher said. Officers were sent out to check the surroundings, but did not find the cause.

Reports on the booms have been coming in periodically, the dispatcher said. One dispatcher said she had received about 30 calls on the subject.

"The last call I got the guy said he'd heard it five times throughout the afternoon," she said.

When an earthquake hit Greenback in mid-March, many people reported hearing loud booms. The USGS says, "No one knows for sure, but scientists speculate that these "booms" are probably small shallow earthquakes that are too small to be recorded, but large enough to be felt by people nearby."

Congress needs to speak to these issues. If the government has become unrecognizable to it's smooth operation Americans need to know.

Date announcement arrived to inbox: May 4, 2019, 4:32 PM (1 day ago)

This particular issue has seen extension after extension for public comment.
There is a good chance that with these delayed notification deliveries to
interested parties there are still outstanding comments.


Office of Public Affairs
202-273-1991
publicinfo@nlrb.gov
www.nlrb.gov
Washington, DC — Earlier today, Chairman John F. Ring responded to a March 14, 2019 letter from Chairman Bobby Scott (D-VA) and Chairwoman Frederica Wilson (D-FL) regarding the Agency’s planned process for review of comments submitted in response to its Notice of Proposed Rulemaking (NPRM) on the joint-employer standard.
A copy of Chairman Ring’s letter is available here.
Established in 1935, the National Labor Relations Board is an independent federal agency that protects employers and employees from unfair labor practices, and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year.
The letter is below:

Dear Chairman Scott and Chairwoman Wilson: (click here)

Thank you for your letter of March 14, 2019, regarding concerns over reports that the National Labor Relations Board intends to outsource review of public comments received in response to its Notice of Proposed Rulemaking (NPRM) on the joint-employer standard. I would share your concern about a private contractor performing the substantive review of comments in this important matter, particularly with respect to appearance of conflicts of interest and undermining confidence in the Board's deliberative process. It appears, however, that you were misinformed, and I very much regret that this misunderstanding created unnecessary alarm. The Board has not outsourced, and will not outsource, the substantive review of the joint-employer rulemaking comments. We are in the process of compiling the specific information your letter requested, and a supplemental response to your letter will be provided. In the meantime, and to promptly allay any concerns, I want to fully explain the Board's plans for reviewing the comments submitted in response to the joint-employer NPRM. 

Preliminarily, I am pleased to report that the response to the NPRM has been outstanding. As we have publicly reported, the Agency received nearly 29,000 comments from interested organizations, unions, academics, business owners and individual workers all over the United States. This level of participation confirms the importance of the Board's rulemaking on the joint-employer standard, and we look forward to giving full consideration to all comments received.

To ensure each public comment submitted to the Board is appropriately reviewed and considered, we have decided to engage temporary support on a limited, short-term basis to perform the initial sorting and coding of the public comments. This support work will be provided through a GSA-approved temporary employment agency, contracted through the GSA bid process and taking all conflict-of-interest issues into consideration. We will ensure, of course, that appropriate confidentiality protections are in place. Again, I emphasize that this work, which will be overseen by NLRB staff, will not involve any substantive, deliberative review of the comments but will be limited to sorting comments into categories in preparation fOr their substantive review. The Agency's own labor-law professionals will perform the first substantive review of the comments, in aid of the Board's exercise of its deliberative functions in connection with the overall rulemaking process.... 

Date announcement arrived at inbox: Sat, May 4, 4:29 PM (1 day ago)


The National Labor Relations Board is extending the time for submitting comments regarding its proposed rulemaking to address its joint-employer standard for an additional 30 days. The submission window is currently open and interested parties may now file comments on or before Monday, January 14, 2019. Comments replying to the comments submitted during the initial comment period must be received by the Board on or before January 22, 2019....

Date notification arrived to inbox: May 4, 2019, 4:27 PM (1 day ago)


In light of the unique circumstance presented by the December 28, 2018 issuance by the United States Court of Appeals for the District of Columbia Circuit of its decision in Browning-Ferris Industries of California v. NLRB, --- F.3d ---, 2018 WL 6816542, the National Labor Relations Board (“NLRB”) is extending the time for submitting comments regarding its Notice of Proposed Rulemaking (“NPRM”) on joint-employer status in order to permit issues raised by that decision to be addressed.  Comments must now be received on or before January 28, 2019.  Comments replying to the comments submitted during the initial comment period must be received by the NLRB on or before February 11, 2019....

There is increased earthquake activity near Indonesia. It is a worry given the potential for tsunamis.

May 5, 2019

Summary: (click here)) 139 quakes M2+, 65 quakes M3+, 29 quakes M4+, 3 quakes M5+ (236 total)
Magnitude 2+: 139 earthquakes
Magnitude 3+: 65 earthquakes
Magnitude 4+: 29 earthquakes
Magnitude 5+: 3 earthquakes
Magnitude 6+: none
Magnitude 7+: none
Magnitude 8+: none
Magnitude 9+: none


Map to right are the fault lines along the Indonesian region.

List of 10 largest earthquakes in the world (past 24 hours):

M 5.1 quake: Banda Sea (Indonesia) on Sun, 5 May 15h16 - 10 hours ago

M 5.0 quake: Philippine Islands Region (Philippines) on Sun, 5 May 01h56 - 23 hours ago

M 5.0 quake: New Guinea, Papua New Guinea on Sun, 5 May 08h42 - 16 hours ago

M 4.9 quake: Halmahera, Indonesia on Sun, 5 May 10h13 - 15 hours ago

M 4.8 quake: Talaud Islands, Indonesia on Sun, 5 May 04h42 - 20 hours ago

M 4.8 quake: 264km W of Ferndale, California (USA) on Sun, 5 May 06h46 - 18 hours ago

M 4.8 quake: Banda Sea (Indonesia) on Sun, 5 May 09h40 - 15 hours ago

M 4.8 quake: Northern Molucca Sea (Indonesia) on Sun, 5 May 12h33 - 12 hours ago

M 4.7 quake: Talaud Islands, Indonesia on Sat, 4 May 23h51 - 1 day 1 hours ago

M 4.7 quake: Salta Province, Argentina on Sun, 5 May 01h41 - 23 hours ago

The map to the left are the regional plates of the Indonesia region.
Date the announcement received at inbox:  Sat, May 4, 4:26 PM (1 day ago)


National Labor Relations Board (NLRB) Chairman Philip A. Miscimarra and General Counsel Richard F. Griffin, Jr. announced John D. Doyle, Jr.  as the new Regional Director for the Agency’s Region 10 Office in Atlanta, Georgia, which includes a subregional office in Winston-Salem, North Carolina and resident offices in Birmingham, Alabama and Nashville, Tennessee.  Region 10 is responsible for conducting elections, investigating unfair labor practice charges, and protecting the right of workers to act collectively to improve their wages and working conditions throughout the states of North Carolina and South Carolina, and parts of Alabama, Georgia, Kentucky, Tennessee, Virginia, and West Virginia.  He succeeds Claude T. Harrell, Jr. who recently retired from the Agency.
Mr. Doyle joined the NLRB in 1995 as a Law Clerk in the Atlanta office.  In 1996 he converted to Field Attorney and transferred to the Agency’s Birmingham resident office.  He served in that office until 2010, when he was promoted to the position of Deputy Regional Attorney in the Baltimore Regional Office (Region 5).  In 2014 Mr. Doyle was appointed to his most recent position of Deputy Assistant General Counsel in the Agency’s Division of Operations-Management in Washington, D.C. 
A native of Tarrytown, New York, Mr. Doyle graduated from Colgate University in 1992 and Fordham University School of Law in 1995.  He is admitted to the Bar in New York.
The NLRB is an independent federal agency enforcing the National Labor Relations Act, which guarantees the right of most private sector employees to organize, to engage in group efforts to improve their wages and working conditions, to determine whether to have unions as their bargaining representative, to engage in collective bargaining, and to refrain from any of these activities.  It acts to prevent and remedy unfair labor practices committed by private sector employers and unions.

Fracking and related activity destroy the land.

May 5, 2019
By Eurasia Review

This USGS map (click here) shows the potential for an area to experience damage from natural or human-induced earthquakes in 2016.

The hotspot on the map west of Tennessee and east of Arkansas and Missouri is the Mississippi River. When seismic activity occurs along a river, there is always a chance it could open a cavern that will swallow the river.

Using data from field experiments and modeling of ground faults, (click here) researchers at Tufts University have discovered that the practice of subsurface fluid injection used in ‘fracking’ and wastewater disposal for oil and gas exploration could cause significant, rapidly spreading earthquake activity beyond the fluid diffusion zone.

Deep fluid injections — greater than one kilometer deep — are known to be associated with enhanced seismic activity–often thought to be limited to the areas of fluid diffusion. Yet the study, published in the journal Science, tests and strongly supports the hypothesis that fluid injections are causing potentially damaging earthquakes further afield by the slow slip of pre-existing fault fracture networks, in domino-like fashion....

...The hazard posed by fluid-induced earthquakes is a matter of increasing public concern in the US. The man-made earthquake effect is considered responsible for making Oklahoma– a very active region of oil and gas exploration–the most productive seismic region in the country, including California. “It’s remarkable that today we have regions of man-made earthquake activity that surpass the level of activity in natural hot spots like southern California,” said Robert C. Viesca, associate professor of civil and environmental engineering at Tufts University’s School of Engineering, co-author of the study and Bhattacharya’s post-doc supervisor. “Our results provide validation for the suspected consequences of injecting fluid deep into the subsurface, and an important tool in assessing the migration and risk of induced earthquakes in future oil and gas exploration.”...

I certainly hope this delayed delivery of this announcement is simply odd rather than neglect.

Date announcement reached inbox:  Sat, May 4, 4:29 PM (1 day ago)

How are attorneys for plaintiffs supposed to be successful if they don't have updated information as it happens?

Office of Public Affairs
202-273-1991
publicinfo@nlrb.gov
www.nlrb.gov

January 9, 2019 (click here)

Washington, D.C—The Judges Division of the National Labor Relations Board (NLRB) has issued an updated Bench Book, which replaces an earlier version issued in January 2018 (Obama).  The new January 2019 edition contains citations to numerous additional Board and court decisions and other authorities.  It also contains several new sections, including sections addressing compliance/backpay proceedings and consolidated unfair labor practice (ULP) and representation cases. In addition, certain sections have been substantially reorganized, including those addressing privileged or protected material.

Like the 2018 edition, the new 2019 edition was edited by NLRB Administrative Law Judge (ALJ) Jeffrey Wedekind and contains a Foreword by Chief ALJ Robert Giannasi describing the Bench Book’s history and purpose.  As discussed in the Foreword, the basic sources that govern Board ULP hearings are the National Labor Relations Act (NLRA), the Administrative Procedure Act (APA), the Board's Rules and Regulations and Statements of Procedure, and Board decisions. The Board also applies, so far as practicable, the Federal Rules of Evidence (FRE), and frequently seeks guidance from the Federal Rules of Civil Procedure (FRCP).  The Bench Book serves as an NLRB Trial Manual, and is designed to provide NLRB judges with a reference guide during hearings.  It is also a useful tool for trial practitioners before the Board because it sets forth Board precedent and other rulings and authorities on certain recurring procedural and evidentiary issues that may arise during a hearing.

The National Labor Relations Board is an independent federal agency vested with the power to safeguard employees’ rights to organize and to determine whether to have unions as their bargaining representative. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. 

There have been multiple tornado outbreaks for years now. Rarely there is a single tornado touching down anymore.

May 4, 2019

A tornado was spotted in Fayette County during severe weather on May 3, 2019, leaving behind some damage to several buildings.

San Antonio - Multiple reports (click here) came in on Friday morning for tornado touchdowns and heavy damage. Three tornadoes were confirmed by the National Weather Service on Saturday.

Damaged a church and a few businesses

Reached up to 120 mph

No one was injured

The tornadoes damaged a church and a few businesses.

Two tornadoes struck southern part of the county on Friday morning with winds estimated around 75 to 80 mph.

The tornado strengthened near Highway 71 and was rated a stronger tornado when it landed near the La Grange Airport.

Winds were estimated to be near 120 mph and the tornado was believed to be 75 yards wide.

At one point, a 90,000-pound piece of machinery was shifted and overturned.

No one was hurt.  

The president makes appointments to the NLRB

Date announcement arrived at inbox: Sat, May 4, 4:32 PM (1 day ago)

Office of Public Affairs
202-273-1991
publicinfo@nlrb.gov
www.nlrb.gov


November 1, 2017 (click here)

On October 31, 2017, National Labor Relations Board General Counsel Richard F. Griffin, Jr. announced the appointment of Christy J. Kwon as the Regional Attorney of the NLRB’s Regional office in Oakland, California (Region 32). In her new position, Ms. Kwon will assist Regional Director Valerie T. Hardy-Mahoney in the administration and enforcement of the National Labor Relations Act in portions of northern California and the northern half of Nevada.  She succeeds Ms. Hardy-Mahoney, who previously served as Regional Attorney. 

Ms. Kwon received her B.A. degree from the University of California, Berkeley, with highest honors in Sociology and Ethnic Studies, and her J.D. degree from UCLA School of Law. She began her NLRB career as a Field Attorney at the West Los Angeles office in 2001. She transferred to the San Francisco office in 2005, where she served as a Field Attorney until her promotion to Supervisory Attorney in 2012.

The NLRB is an independent federal agency enforcing the National Labor Relations Act, which guarantees the right of most private sector employees to organize, to engage in group efforts to improve their wages and working conditions, to determine whether to have unions as their bargaining representative, to engage in collective bargaining, and to refrain from any of these activities.  It acts to prevent and remedy unfair labor practices committed by private sector employers and unions.
It's Sunday Night

I will discuss the dynamics of forests for as long as it takes and will continue to read the report of the Special Counsel, but, tonight I would like to cover Labor in the USA. I think it will become evident that Joe Biden seems to be the candidate to beat.

On May 4th there was an unusual number of notices from the NLRB. I think the information dump occurred because Trump is worried about Biden.

These are just the facts. You can't make this stuff up.

And remember one thing, when woman work they don't transform into men, they are always women. I don't think women that work for a living ever plug into the good old boy club. Obviously. There aren't many complaints of sexual assault by women of men. 99 percent are men assaulting women. I think women are prepared to be serious about work and the outcome. They always have been. Other than boy cut panties, there will never be a transformation into men or their image. Some work clothes are too practical to wear anything else.

Donna Summer - She Works Hard for the Money (from VH1 Presents Live & Mo...) (click here for official website - thank you)



She Works Hard for the Money by Donna Summer
She works hard for the money 
So hard for it, honey 
She works hard for the money 
So you better treat her right
She works hard for the money 
So hard for it, honey 
She works hard for the money 
So you better treat her right
I met her there in the corner stand 
And she wonders where she is and 
It's strange to her 
Some people seem to have everything
Nine a.m. on the hour hand 
And she's waiting for the bell 
And she's looking real pretty 
Just waiting for her clientele
She works hard for the money 
So hard for it, honey 
She works hard for the money 
So you better treat her right
She works hard for the money 
So hard for it, honey 
She works hard for the money 
So you better treat her right
Twenty-eight years have come and gone
And she's seen a lot of tears
Of the ones who come in
They really seem to need her there

It's a sacrifice, working day to day
For little money, just tips for pay
But it's worth it all
Just to hear them say that they care

She works hard for the money
So hard for it, honey
She works hard for the money
So you better treat her right

She already knows
She's seen her bad times
She already knows
These are the good times

She'll never sell out
She never will
Not for a dollar bill
She works hard.

She works hard for the money 
So hard for it, honey 
She works hard for the money 
So you better treat her right
She works hard for the money 
So hard for it, honey 
She works hard for the money 
So you better treat her right
Americans have to come to understand the danger the USA Constitution can face if this administration is allowed to disregard the Rule of Law.

When law enforcement becomes the criminal it only clearly illustrates the lack of equity in justice. That cannot be tolerated.
Next time McConnell runs for re-election he needs to be defeated by a person that out shines him with stronger credentials and service to the country. The argument McConnell likes to tout as his power is protecting coal jobs. That is a blatant and provable lie. There are very few people making a living in the mines.

The rhetorical McConnell has seen the loss of tens of thousands of mining jobs in Kentucky. That is the truth and the people need to realize it and move forward to a candidate dedicated to bringing economic renaissance to Kentucky with strong local economies and re-education to new jobs currently vacant because Americans have not proven to be qualified. Those jobs exist.
I think the US House has a very interesting set of circumstances. Obviously, AG Barr is breaking federal law. He is doing so because he has enormous power and he practices obstruction with that power. In any actions by the US House that requires cooperation of the Attorney General’s OFFICE and that cooperation is refused it is time to file a lawsuit with the US Supreme Court to uphold the US Constitution and assign an independent prosecutor.

In regard to impeachment of Barr or otherwise the US House needs to have a dialogue with their constituents to know how the people see it. Town Halls, local news interviews and newsletters will be clear attempts to solicit opinion as well as educate. Door to door canvassing can be a sincere initiative to bring the American people into the decision circle. 

If the US House goes forward with any impeachment, the arguments have to be compelling to the people so they can bring pressure to uphold the impeachment. If McConnell practices politics rather than upholding constitutional law, McConnell will need an ethics review and censure carried out. Once the ethics investigation proves corruption and censure is levied, it then enters into political reality for the people to realize the extent Republicans scoff at the US Constitution.

Additionally, any professional organizations that governs it’s licenses and otherwise should receive all the facts. There was a time when Former President Clinton faced a suspension of his license.

This is a time for finding the authority where it exists with such a corrupt White House. I refuse to believe obstructing will prevail.