This week President Obama nominated two individuals to serve on the National Labor Relations Board (NLRB). Lafe Solomon, who has been serving as the NLRB’s Acting General Counsel, was picked to be General Counsel and Terrence Flynn, chief counsel to NLRB member Brian Hayes, was nominated to become the fifth member of the five member board. Should Flynn be confirmed, he would join Hayes as the second Republican on the Board.
While it’s unclear how soon these nominations will be considered by the Senate, the confirmation hearings do provide the Senate with an opportunity to review much of the recent NLRB activity that has so alarmed employers. The Board is slated to make decisions in many key cases, including Lamons Gasket Company, which addresses issues with card check certification, and Roundy’s, dealing with workplace access for union organizers. In addition, the Board has already begun the process of proposing new rulemaking that seeks to make sweeping changes to employee relations by requiring employers to post a notice to employees of their right to unionize. Board Member Hayes has expressed the view that the NLRB lacks the necessary authority to propose this rulemaking, which would require employers to display posters of union rights as well as in some cases make employers distribute such a notice to employees through e-mail.
The National Association of Manufacturers has long been troubled that the current NLRB, which includes the controversial Craig Becker, intends to bend its authority to implement the goals of the jobs-killing Employee Free Choice Act, skewing the balance of labor relations towards labor unions. The changes sought by the NLRB produce a tremendous amount of uncertainty for employers, which in turn threatens jobs creation and the economic recovery.
We hope that the Senate uses the confirmation process to fully review the Board’s recent action – and makes it clear that the NLRB should not seek to change U.S. labor law without the necessary Congressional action.