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Old Law, Partisanship Pose Challenges for NLRB
The National Labor Relations Board (NLRB), in Democratic hands for the first time in almost a decade, is preparing to steer the nation's labor laws in a pro-union direction. But lawyers on both sides of the partisan divide say this NLRB is driving the labor law equivalent of a Packard ' at a time when it needs a Prius to cope with the fast-changing global economy. The National Labor Relations Act (NLRA), which the board administers, was 75-years-old last year, and has not been changed significantly in more than 60 years. The law and the board are in danger of becoming irrelevant as the world changes around them, labor law experts argue.
“I think the Act is badly tattered and in disarray as it is written today,” said former board Chairman William Gould IV of Stanford Law School, a Clinton appointee. “The board has fallen into disrepair. There isn't any doubt about the fact that the board has become kind of a sideshow in the labor law arena.”
Partisan battles over appointments to the five-member board, lengthy board vacancies, delays of five years or more in decisions, and flip-flopping of precedents are forcing workers to seek other avenues through which to deal with employers, he and others said. But Gould and some union supporters said the board is trying to breathe new life into the Act, which was designed in 1935 to encourage collective bargaining. That “new life” is evident, they said, in a series of rulings since last summer led by the board's three Democratic members and opposed by its now lone Republican member (a second Republican seat became vacant in August).
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