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Bill Introduced to Prevent NLRB Legal Uncertainty

by Ian Smith |

House Health, Employment, Labor, and Pensions Subcommittee Chairman Phil Roe (R-TN) has introduced legislation that would require the National Labor Relations Board (NLRB) to cease activity until the legal issues involving the current board have been settled.

Roe referred to “legal chaos” surrounding the NLRB that he says has been created in the wake of recess appointments made by President Obama in 2012.

The Preventing Greater Uncertainty in Labor-Management Relations Act will:

  • Prevent further labor-management instability by requiring the board to cease all activity that requires a three member quorum. The bill also prohibits the board from enforcing any action taken after January 2012 that required a quorum.
  • Protect the right of workers to petition for union elections. The bill also does not prevent the NLRB regional offices from accepting and processing unfair labor practice charges filed by an injured party – worker, employer, or union.
  • Remove restrictions on the board’s authority under a number of different circumstances, including a ruling by the U.S. Supreme Court on the constitutionality of the recess appointments or a board quorum confirmed by the U.S. Senate.
  • Ensure any action involving the so-called recess appointees is reviewed and approved by a future board that has been constitutionally appointed.

“Each new action taken by the board simply exacerbates the uncertainty facing America’s workers, employers, and taxpayers,” said Rep. Roe. “It is unfortunate that the president’s partisan politics have rendered the board dysfunctional. Workers, employers, and unions deserve a labor board that will function properly and act responsibly. Allowing the board to continue its work while its constitutional standing is in doubt is not an option. This important legislation will prevent the board from creating greater confusion and uncertainty while also ensuring other important functions of the NLRB can continue.”

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Ian Smith

Ian Smith is one of the founders of FedSmith.com. He writes about current topics that impact federal employees.

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