NJ Labor Law – Deadlock on Appointments to Labor Board

By Thomas McKinney

NJ Labor Law may have a big change beginning in 2012. The National Labor Relations Board (NLRB) – a federal panel that decides disputes between unions and businesses and sets labor regulations – is set to be inoperable in January 2012.

The NLRB, which consists of five members, has only three active members due to opposition by Senate Republicans to President Obama’s nominees– including his Republican nominee.   One member’s term on the NLRB, Craig Becker, expires when this session of Congress ends this month which will leave only two NLRB members.

That poses a problem because the NLRB requires a three-member quorum to do anything.

Unless the Senate confirms Obama’s nominees in the next week, which seems unlikely, the NLRB will not have the three members it needs to operate.

For decades, the NLRB was considered a boring, sleepy outpost of the federal government.  It was created in 1935 during the New Deal to resolve labor disputes and keep labor-management relations running smoothly.  But it is now a hot political topic because Republicans and business groups claim the NLRB under Obama is pro-union.  According to the pro-business National Right to Work Foundation, having the NLRB frozen is “not a bad thing” given its current members and recent decisions.

If you have any questions regarding your rights, please our our NJ Labor Law lawyers.

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.