GOP threatens National Labor Relations Board

In a victory for unions, the National Labor Relations Board voted two-to-one on Nov. 30 to speed up union representation elections by restricting legal challenges until after a vote occurs.

Unions argue that repeated election delays — including legal challenges prior to the vote — give an edge to employers hoping to stymie votes by firing or harassing union supporters. Business groups argue that companies will have less time to make their case to workers before an election, calling the union’s strategy “ambush elections.”

Meanwhile, the GOP-dominated House of Representatives passed a bill delaying any union authorization vote for at least 35 days after a petition is filed by workers. It also stipulated that legal challenges could go forward before the vote. The House bill must still pass the Democratic-led Senate and be signed by President Obama. Passage is unlikely.

The NLRB itself is at risk. Two of five commissioner slots remain unfilled, and the term of Craig Becker, a former labor lawyer, will soon expire. Republicans have vowed not to confirm any more of President Obama’s appointees to the board, and the Supreme Court ruled last year that if the board’s membership fell to just two, it would no longer have the power to conduct business.

Business Week, Dec. 5
Washington Post, Dec. 1