Many employers, including Boeing (which the National Labor Relations Board blocked from moving to an aircraft assembly facility in Charleston, South Carolina), have been upset with the NLRB for the past few years. In this newsletter and our Webinars, we’ve discussed the Board’s efforts to make unionization far easier, as well as to expand the National Labor Relations Act to social media postings. The NLRB has not had a full complement of five board members for five years. When Craig Becker’s term expires this year, the Board won’t have enough board members to rule on labor disputes. Republican lawmakers will surely try to block any nominations President Obama appoints to the Board. Many employers feel that the NLRB is trying to do through administrative pressure what Congress would not do through legislation.
Expect the Board and Administration to push right up to Election Day.