The NLRB’s activist and aggressive actions in recent years have raised significant concerns, including challenges to the constitutionality of the Board’s composition. Today’s ruling gives strong confirmation to those concerns and is a significant rebuke of what has become an increasingly overreaching NLRB with an intent to ignore its statutory authority.
The NLRB, currently made up of only three members without a dissenting voice, has had two of those member’s appointments invalidated by the U.S. Court of Appeals for the D.C. Circuit. If this ruling stands, Chairman Mark Pearce will be the only properly seated member of the NLRB until August when his term expires. This ruling speaks volumes about the way the Board has been constituted and throws a significant roadblock in its rulemaking ability.
For manufacturers that have been forced to deal with increased burdensome regulations, this is an important moment—perhaps a sign that we may see an NLRB in the future that will exist to improve employer–employee relations in this country rather than tear them down.
The NAM will be reviewing the opinion thoroughly to determine what impact this significant development will have on any and all decisions made by the Board over the past year.