Bill Would Add Sixth Member to NLRB
Steve Bernstein was quoted on SHRM on January 30, 2015. The article “Bill Would Add Sixth Member to NLRB” discussed how a proposal to add a sixth member to the National Labor Relations Board (NLRB) could “lead to gridlock at the agency, especially for controversial decisions.
This might be just what the agency needs to become less politicized, said Steve, as he recalled a time when the board wasn’t so deeply divided along party lines.
Steve said that the provision proposing an interlocutory appeal of a GC complaint “sticks out like a sore thumb.” It invites judgment before the case is fully ripe, he said. And it “places the cart before the horse” by having district courts hear the issues first, even though they do not address labor matters as regularly as the board and aren’t as familiar with them.
“If it results in more certainty and less fluctuation in regulation … I would expect the business community to rally behind it,” Steve added.
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