Senate Compromise Clears Path to Functional NLRB

July 18, 2013 by Andrew Baker

We reported earlier this year that a D.C.  Court of Appeals decision ruled unlawful several White House “recess” appointments to the NLRB, a decision which if upheld would rob the Board of the quorum necessary to render decisions, invalidating hundreds of NLRB decisions and crippling the agency into the foreseeable future.  On July 16, the Senate reached a deal to break an impasse over NLRB confirmation votes that will quickly restore an uncontested Board quorum.  Indeed, the deal ensures that the Board will continue to have an uncontested quorum through the next presidential election.

As part of the deal, the Senate is expected to confirm five Board members: current Board Chairman Mark Pearce, two new AFL-CIO recommended nominees (who will replace two “recess” appointees Republicans have objected to as being “illegally” appointed), and two Republican nominees.  The votes to confirm all five may happen as early as the week of July 22.

Meanwhile, in June the Supreme Court voted to review the D.C. Circuit decision tossing out the contested Board “recess” appointments.  The Senate deal does not clear the cloud hanging over the decisions the Board issued while the contested “recess” members sat on the Board – that will happen only with a Supreme Court decision, which will likely not issue until the spring of 2014 – but it does mean that by August the Board’s unquestioned authority to issue decisions going forward will be restored.  This is good news for the labor movement, and bad news for management and their lawyers who fear this new Board’s “aggressive pro-labor agenda.”

Since the founding of the Beeson, Tayer & Bodine law firm, we have had a special interest in the representation of unions, both in the public and private sectors. Rest assured that we will continue following the development of this matter, and if you are in need of assistance with labor law related issues; please feel free to contact us for a consultation.

 

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