When the Senate confirmed nominees to the National Labor Relations Board (NLRB) late last month, it marked the first time that all five seats had been filled since 2003. It also marked a turning point in labor policy. Recently, decisions rested with an unbalanced configuration that almost never had a dissenting view. That did not seem right. After all, the NLRB is an extension of a government founded on the belief that tyranny of the majority is just as undemocratic as dictatorial rule.
Although the National Association of Manufacturers does not tend to agree with NLRB on a lot of its more recent opinions, we welcome a fully-staffed board ready to engage in the kind of robust debate of the issues that should take place before making decisions that impact our labor law system. Dissenting opinions are an important part of litigation. They often help to clarify a ruling, even when the overall outcome leaves something to be desired. A dissenting opinion could become the basis for why a law should change or why a previous ruling should be overturned.
Completing the NLRB roster brings the agency’s legitimacy back into play. Manufacturers are hopeful that the board’s members will avoid partisan politics as they carefully weigh all the options and opinions at hand. Our democracy depends on a healthy dose of dissent to properly function. So does our labor law system.
Amanda Wood is the director of employment policy for the National Association of Manufacturers.
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