Recess!

The Hill has a good post on the potential of recess appointments to the NLRB. Unless the Senate acts to confirm the three pending nominations (it wont), the NLRB will only have 2 members at the end of the year. All 47 Republican Senators have sent a letter to the President asking him to reject recess appointments. Randy Johnson, the U.S. Chamber of Commerce’s senior vice president of labor, immigration and employee benefits notes, "I doubt the president would go forward because it would poison the well in the Senate.”

Will Republicans shut down the NLRB?

We know after New Process Steel the NLRB has to have 3 members to have a quorum. We also know Member Becker's recess appointment expires when Congress adjourns at the end of the year. Unless there is a confirmation or another recess appointment the NLRB will only have 2 members when Becker's appointment expires. Now some Republicans are urging Member Hayes to resign before the Board can implement controversial changes to the election process used to determine whether workers can unionize their employer's workplace. I think it is very likely Congressional gridlock will prevent the NLRB from having a quorum until some point after the 2012 election.

Preparation for 2 Member NLRB

The NLRB has delegated its authority to the General Counsel to act with

full authority over court litigation matters that otherwise would require Board authorization and full authority to certify the results of any secret ballot election conducted under the National Emergency provisions of the Labor Management Relations Act, sections 206–210, 29 U.S.C. 176–180. These delegations shall become effective during any time at which the Board has fewer than three Members and shall cease to be effective whenever the Board has at least three Members.

This action is taken due to the likelihood the NLRB will have only 2 members when the recess appointment of Member Becker expires.

Starving the Beast

The NLRB's budget is in the cross hairs of congressional budget cutters, and In These Times (pro labor) predicts dire consequences.

NLRB launches new web site

The NLRB has launched a revamped web site. The new site retains the old resources which made it one of the more useful cyber venues for practitioners, employers and employees. Now though it has a modern feel and easier navigation as well as new case tracking functionality.

NLRB Nominations

President Obama has nominated Lafe Solomon to be General Counsel of the NLRB, and Terence F. Flynn to fill the vacant Republican seat on the Board. Solomon is currently serving as Acting General Counsel. Flynn confirmation would bring the five member Board to full strength for the first time since early 2007.

Toothless NLRB

Looks like the overseas view of the NLRB is a bleak one. Many good points raised, but the factual support seems a little thin for some observations that the "toothless" NLRB is irrelevant. Increased budget, increased staffing and increased penalties for violations would quickly revitalize the NLRB's stature and ability to shape labor relations.

NLRB on the web

The NLRB's web site is one of the best for practitioners and law students alike. We've been able to download Board decisions, ALJ decisions and track NLRB press releases and news for several years. The new 75th anniversary section is full of photos and historical information and even a few games to play.

2 member NLRB decisions

Workplace Prof's Blog has a great post on the oral argument in New Process Steel.

New Process Steel

Scotusblog has a good post on the Parties arguments in the 2 Member NLRB case set for oral argument on March 23.

NLRA politics 101

I have to chuckle when I see posts like this complaining that the NLRB is political. Its designed that way, and pretty much has been institutionally an entity which furthers the interests of unions and unionization. It's that way because the NLRA is that way. One need only read the Section 1 "Findings and Policies" 29 U.S.C. § 151.

Becker appointment to NLRB

Labor Secretary Hilda Solis suggests action on the Becker NLRB appointment will please labor. Recess appointment? Not sure, but solis told labor leaders they would be "very pleased."

Two member NLRB case set for oral argument

The Supreme Court set oral argument in New Process Steel for March 23. The case involves the validity of 2 member decisions by the NLRB. If as reported by the New York Times, President Obama intends to renominate Craig Becker to the NLRB, ensuring further delay in filling the 3 Board vacancies, the case before SCOTUS may affect an increasing number of decisions that will be decided by a two member NLRB.