The attack against the Boeing complaint rests on three myths.

Myth No. 1: The general counsel has invoked an unprecedented legal rule. Apart from its unusually large scale (the location of an estimated 1,800 jobs is at stake), the Boeing case involves nothing legally new. The general counsel’s complaint is based on principles accepted by the labor board and the courts over many decades. In 1967, the future Supreme Court Chief Justice Warren Burger (then a federal appellate judge) wrote a decision holding that an employer may not transfer work to punish employees for exercising National Labor Relations Act rights (like the right to strike). Likewise, the labor board has long had the authority to order restoration of work relocated as part of an unfair labor practice, and the appellate courts have approved such orders. In the absence of work restoration, any alternative remedy available to the labor board — like an order that Boeing post a bulletin-board notice promising to obey the law from now on — would be cosmetic.

Myth No. 2: The Boeing complaint means that the government can dictate the location of businesses. Everyone agrees that a company may legally locate its production anywhere it wishes and for any reason — except retaliatory ones. Imagine if Boeing had deliberately located a new plant in an area with a predominantly white labor force and then publicly stated that it did so because it was tired of listening to discrimination complaints made by African-American employees at its home plant. If the general counsel’s allegations are true, Boeing did something legally indistinguishable — unless labor rights no longer count as “real” rights.

Myth No. 3: The general counsel has discretion to drop the case in the name of economic policy. The general counsel is not a policy maker authorized to base decisions on what is good for employment in a particular region of the country. His discretion is confined to enforcing the policy already chosen by Congress in the National Labor Relations Act. If his investigation yields reasonable cause to believe that a violation occurred, his only legally proper course is to bring a case to be decided through the ordinary process. If the Internal Revenue Service determines that a South Carolina employer owes millions in unpaid taxes, should it drop the case if it believes doing so would help the local economy?

The Boeing case is not about jobs. Selecting one place rather than another to build planes creates no additional jobs. The general counsel did his job as the law requires. It would be tragic if his dutiful efforts provided an occasion for Republicans to extinguish decades-old workers’ rights.