Will We See New Labor-Friendly Majority on NLRB?

January 29, 2009

American workers may see yet another benefit of having President Barack Obama in the White House'he has the authority to appoint three members to fill vacancies on the National Labor Relations Board.

The five-member NLRB has been operating with only two members since December 2007. The Democratic-controlled Senate stayed in session continually since then to prevent then-President George W. Bush from filling those open positions with short-term recess appointments. With President Obama in the Oval Office, American workers and those who support them have reason to hope for a more worker-friendly majority on the board.

"President Obama has a great opportunity here to even the odds for workers, who face very difficult obstacles when they try to organize and assert their rights," said David J. Holway, national president of the IAEP. "I urge President Obama to use his power and appoint members who will give workers and their rights a fair hearing."

The board, now comprised of one Democrat and one Republican, has issued over 300 decisions since January 2008. There are 151 ULP cases still pending and several decisions awaiting reviews in appeals courts, including one to determine if the NLRB can decide cases with only two members.

If President Obama appoints people to fill the three vacancies on the NLRB, he may have more work to do there if the Employee Free Choice Act becomes law. Also known as the "card check" bill, the bill would give workers the option of choosing union representation through collection of authorization cards signed by a majority of employees at a given workplace. It would also impose tougher penalties on employers who commit unfair labor practices during organizing campaigns or the bargaining process for a first contract. "The NLRB has been running on a very tight budget for years," said President Holway. "If we are successful in passing the card check law, the NLRB will need substantial additional resources. I hope Congress and the president understand this and will act accordingly."