The Incredible Shrinking NLRB
That's what the Lawyers USA blog DC Dicta calls it, noting that the five-seat National Labor Relations Board will soon be down to only two members, Democrat Wilma B. Liebman and Republican Peter C. Schaumber. Former chairman Robert J. Battista's term expired Dec. 16, and members Peter N. Kirsanow and Dennis P. Walsh are serving in recess appointments that expire this month.
The shrinkage comes after a rocky 2007, the blog notes, "marked by a host of 3-2 decisions divided down party lines, a complaint issued against it by the AFL-CIO which claimed the board was systematically destroying the right of employees to unionize and conduct union activities, and a congressional hearing where members of the Board were called before U.S. lawmakers to explain the situation." Last week, the NLRB issued an announcement saying that the two remaining members would continue to issue decisions and orders by way of a delegation from the full board and that it had delegated temporary authority to the NLRB's general counsel over all litigation matters that would require board authorization.
Meanwhile, at his Employment Law Blog, Willamette law professor Ross Runkel has kicked off a 12-part series of posts examining the NLRB's legacy under President Bush. In the first, he considers the board's back-and-forth debate over whether to extend Weingarten rights to non-union workers. In the second, he discusses the board's December decision upholding restrictions on the use of company e-mail for non-work solicitations. More to come from Runkel, all of which he will collect on this page.
Posted by Robert J. Ambrogi on January 4, 2008 at 11:02 AM | Permalink | Comments (0)
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