As tension and questions mount over the legitimacy of the three member National Labor Relations Board, Members of Congress are taking steps to alleviate the pressure on American workers. Congressman Phil Roe, Chairman of the Education & Workforce Subcommittee on Health, Employment, Labor and Pensions, recently introduced the Preventing Greater Uncertainty in Labor-Management Relations Act (H.R. 1120).
While Big Labor supports the Board plowing ahead with a partisan anti-jobs agenda as if no court decision had been issued, legal experts caution that over 300 decisions issued by the Obama Board since the January 2012 appointments are subject to being nullified. “Each new action taken by the board simply exacerbates the uncertainty facing America’s workers, employers, and taxpayers,” Chairman Roe released in a statement. “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.”
Restoring sanity to the NLRB, H.R. 1120 will not only prohibit Board enforcement of decisions issued since the recess appointments were made, it will also require the NLRB to “cease all activity” requiring a three member quorum. These “ restrictions on the [B]oard’s authority [will be removed] 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.”