Recess Appointments Signal Administration Approval of Activist NLRB

By January 5, 2012Labor Unions

Over the last year the NLRB has exhibited an astonishing overreach of their authority, ignored Congressional intent, and created potentially hostile work environments where none existed. The ambush elections rule, the decision in the Specialty Healthcare case, and the now-resolved complaint against the Boeing Company each had chilling effects across the manufacturing sector and overall economic growth. The NAM sued the NLRB to prevent the implementation of the “poster rule,” yet another example of a Board that has taken on an improper activist role.

Unfortunately, it looks like the President has given a green light to the NLRB to continue its activist agenda.  Yesterday President Obama announced that he will recess-appoint Sharon Block, Terence Flynn and Richard Griffin to the Board.

Perhaps Sharon Block and Richard Griffin will prove themselves to be fair arbiters of labor policy though, given their history of working for labor unions, it would seem they will bring a similar bias to the job.  The Administration has short-circuited the process, however, and they will assume their posts without the necessary scrutiny to ensure that there are no conflicts of interest – financial or otherwise. Given the impact of the Board’s decisions on jobs and our economy, these appointments warrant a thorough examination in order to avoid increasing the Board’s bias against employers and creating even greater overregulation.

The NAM will actively consider all options available to ensure that these nominations receive the deliberation and scrutiny that they deserve.

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