Bill Introduced to Prevent NLRB Legal Uncertainty

By on March 18, 2013 in Current Events with 3 Comments

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.”

© 2016 Ian Smith. All rights reserved. This article may not be reproduced without express written consent from Ian Smith.

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Ian Smith is one of the co-founders of FedSmith.com. He enjoys writing about current topics that affect the federal workforce. Ian also has a background in web development and does the technical work for the FedSmith.com web site and its sibling sites.

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  1. steve5656546346 says:

    The NLRB having to live under the rule of law?  Blasphemy!

    And fraud:  the unions paid good money for this NLRB!  They expect pay off!

  2. Ron R says:

    Controversy caused by recess appointments.  Hmmm…I wonder why those happened?

    Seems to be an ever-increasing pattern of self-made crises with those who cause them swooping in to “rescue” us all from them.  LUDICROUS!

  3. Hans Leschlong says:

    That is one bill that is dead on arrival.

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