Back in September, I joked that the National Labor Relations Board (NLRB) was on the verge of disbanding.
(Ok, maybe it wasn't "ha! ha!" funny. Just work with me here, will ya?)
Now, one week away from a scheduled November 30, 2011 meeting at which the NLRB will propose new rules which could facilitate union elections, Kevin Bogardus at TheHill.com reports here that one NLRB member is threatening to resign. Egads!
Why should your company care if a NLRB member resigns now?
Because if Republican Brian Hayes actually resigns from the NLRB, then the NLRB will have no further rule-making or decision-making authority. Brian Hayes is one of three current NLRB members. (There are two additional empty seats). And the NLRB cannot legally do squat with just two members. Only Congress can fill the remaining seats, subject to approval from President Obama. (Technically, President Obama has recess-appointment power, but he won't have a chance to exercise it before he is re-elected. Or should I say, if he is re-elected? Take that, 99%!). Given that the House of Representatives is Republican controlled, let's just say that the odds of the House approving anyone perceived as union-friendly to fill any vacated NLRB seat are only slightly better than me winning Dancing With The Stars.
Annnnnnnnnnnnnnnnd now back to you, Tom Bergeron. (Sadly, I didn't have to Google that).
This article was originally published on Eric B. Meyer's blog, The Employer Handbook
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