Recess NLRB appointments

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 NLEB 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 

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.

Nominations to NLRB vacancies

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.

AGC Solomon presses better remedies

Acting NLRB General Counsel, Lafe Solomon, issued a General Counsel's memorandum encouraging the Regions to seek more effective remedies for unfair labor practices committed during organizational campaigns. This adds to his previous instructions to seek injunctive relief for discriminatory discharges during organizing campaigns, previous post here. Included in the new memo are certain limited access remedies including access to company bulletin boards, forced reading of the Board's remedial notices and early access to employee names and addresses.

10(j) injunction affirmed

The federal Fifth Circuit has affirmed a 10(j) injunction ordering the reinstatement of unfair labor practice strikers. The Employer unsuccessfully argued the Board's December 2007 delegation of authority to the General Counsel was invalidated by the Boards subsequent loss of a quorum.

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.

Becker to get recess

President Obama will use recess appointments to by-pass Senate confirmation for 15 high level appointments including Craig Becker's appointment to the NLRB, as well as that of another Democrat, Mark Gaston Pearce.  The NLRB's press release is here. 

Becker appointment looming?

John Judis in this piece in The New Republic makes the case for President Obama to "put [Craig] Becker on the NLRB via recess appointment."