Can't We All Just Get Along?

Today, in response to numerous press inquiries, National Labor Relations Board Chairman Wilma Liebman made the following statement regarding nominations to the Board of Craig Becker, Mark Pearce and Brian Hayes that have been pending before the Senate since July of 2009:

“I am disappointed that we still do not have a fully constituted Board despite the naming of three nominees last summer. The Board has been in limbo for a long time. For more than two years, the Board has had to operate with three vacancies, leaving only myself and Member Peter Schaumber to decide the hundreds of cases that come before us. We have done our best to carry out the Board’s important work, issuing more than 500 decisions in cases involving thousands of workers across the country. But our authority to do so has been challenged and now the Supreme Court will decide whether we can continue to function. At the same time, the Board has been unable to move forward on the most significant cases before it. I look forward to a time in the near future when the Board is back at full capacity resolving issues vital to American workers and their employers.”

It's a shame that with so many people out of work, the Board can't get more help. This politically charged statement with its lofty rhetoric is sure to move Congress ASAP. With the new Republican from MA, and with Senator McCain opposed to Becker, I don't give his appointment very good chances. Is the President going to go to the mat on this one? I don't think so!

Quality Control at the NLRB; Happy MLK Day!

The NLRB's quality committee formed by the General Counsel has recently issued a 54 page report on best practices for handling unfair labor practices and representation hearings. The committee was formed originally in February 2004 and issued a report after each fiscal year detailing lessons learned from the review process and litigation. It decided to consolidate those earlier reports in this large report for training and guidance purposes. Three areas are also covered that were not in earlier reports: the importance of maintaining the appearance of neutrality, interviewing witnesses of a charged party that refuses to give Board affidavits, and improper retention of a showing of interest in the represenation case file after it has been closed. The General Counsel has encouraged managers and supervisors to use this report and provide a copy to new agents, so this is definitely worth a review if you have any Board practice and are wondering how the Board may approach various issues.

And...Happy MLK Day!