AFL-CIO: Who Needs the Senate To Pass New Law?

Over on Huffington Post, Stewart Acuff, Chief of Staff for the Utility Workers Union, writes that organized labor is preparing to bypass the Senate and get its job-killing card check measure enacted through Obama appointees to the National Labor Relations Board,

[If] we aren’t able to pass the Employee Free Choice Act, we will work with President Obama and Vice President Biden and their appointees to the National Labor Relations Board to change the rules governing forming a union through administrative action to once again allow workers in America access to one of the most basic freedoms in a democracy–the freedom of speech and assembly and association so that workers can build the collective power to challenge the Financial Elite and Get America Back to Work. (emphasis ours. cutesy capitalization near the end of the paragraph, theirs)

The AFL-CIO is now transparent in its recognition and strategy. The Employee Free Choice Act is barely alive in the Senate, and the odds only decrease with the seating of Senator Scott Brown (R-MA). Big labor is now developing a strategy to ram its agenda through the administrative process.

Regardless of an individual Senator's feelings on card check and the misnamed Employee Free Choice Act, shouldn't they all be upset that the AFL-CIO is openly trying to do an end-run around the legislative branch?