Resolution in Opposition to Frivolous Complaints and Permit Extortion
The Resolution in Opposition to Frivolous Complaints and Permit Extortion recognizes that some unions have engaged in questionable pressure tactics to put open shop companies out of business or force them to join a union. These harassment and intimidation tactics have come in the form of frivolous and unwarranted complaints and environmental permit delays that are contrary to good public policy. This Resolution urges governments at all levels to enforce appropriate laws and to pass legislation to deter such tactics. The costs associated with defending frivolous complaints in legal and administrative actions have literally put some companies out of business. In the construction trades, such tactics can cause major delays, which can impose millions of dollars in additional costs. Often, when open shops concede to union demands, the complaints mysteriously disappear.
WHEREAS, regulatory agencies’ limited resources are being squandered for harassment purposes, in pursuit of non-life threatening complaints against employers; and
WHEREAS, complaints about Hazard Communication Standards (record keeping) and many other classifications that are “non-serious” violations have become a useful tool to harass employers by escalating the citation to “wilful,” “repeat,” or “egregious” and thus increase the penalty exposure exponentially; and
WHEREAS, regulators should focus on leading hazards, and should not subject “non-serious” violations to reclassification and/or multiple fines; and
WHEREAS, it is a criminal act to knowingly file a false claim with the NLRB, although the NLRB virtually never prosecutes; and
WHEREAS, it does not cost harassing parties anything to file frivolous claims, whereas companies are often subjected to large attorney fees to defend such claims;
NOW THEREFORE BE IT RESOLVED, that the State/Commonwealth of (insert state) affirms the principle that harassment and intimidation tactics in the form of frivolous and unwarranted complaints and environmental permit delays are contrary to good public policy and urges governments at all levels to enforce current mechanisms and to pass legislation to deter such tactics.
Approved by the ALEC Board of Directors on January 1996.
Reapproved by ALEC Board of Directors on January 28, 2013.