Mutually Beneficial – The Way Regulations Ought To Be

A couple weeks ago, Cass Sunstein, the Administrator of the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB), issued a memo to all heads of executive departments and agencies to consider the cumulative effects of regulations “to ensure against unjustified, redundant, or excessive requirements; and ultimately to increase the net benefits of regulations.”

The NAM agrees with Administrator Sunstein that administrations of any stripe need to understand the compounding effects regulations have on business and commerce. Yet, the message doesn’t seem to be resonating with anyone over at the National Labor Relations Board (NLRB).

When taken in the context of regulations already issued by the Board, and comments from Chairman Mark Pearce, one has to wonder whether they believe the guidance just doesn’t apply to them. The aforementioned comments from the Chairman, were the subject of a blog post here back in February. During his interview with the Associated Press, Chairman Pearce noted the Board was steadfast in “keeping our eye on the prize.”

While I have yet to hear a plausible explanation for what the Chairman meant by “prize,” one can fairly surmise he meant making it easier for unions to organize and win elections. With this in mind, it appears the NLRB interprets Administrator Sunstein’s words to mean it is sufficient if only one party or side enjoys “the net benefits of regulations.”

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