May 2010
By: Richard H. Wessels, Esq.
As we have been predicting, President Obama announced a series of recess appointments over the congressional Easter recess, including two seats on the National Labor Relations Board (NLRB). Both appointees, Craig Becker and Mark Pearce, are Democrats. A third nominee, Brian Hayes, a Republican, was left behind to be voted on by the Senate.
A problem for organized labor is that the appointments of Becker and Pearce will only last until the end of this Senate session - the end of 2010 - as opposed to the normal four years of an NLRB term. This means in the next session of Congress, with likely fewer Democratic Senate seats, there's going to be yet another fight to staff the NLRB. And there's no expectation Republicans will think about doing much to make sure the NLRB can function.
Expect that the new NLRB will work hard to reverse major Board decisions in order to fulfill their vision of Labor Law Reform, while bypassing Congress. This "EFCA-lite" likely will include:
- Rapid-fire elections
- Diminished ability for employees to receive information from management and make an informed decision
- Much earlier union access to employee names and addresses
- Access to employer premises for union organizers
- Restrictions on employers' ability to communicate effectively with their own employees
- Union access to employer-maintained electronic technology
- Doubt created over the supervisory status of first line managers
Union organizing will get a good push from this development, but not nearly as strong as it would be under EFCA.
Questions? Please contact WS Shareholder and Senior Attorney Richard H. Wessels at (630) 377-1554, or riwessels@wesselssherman.com.
