Going Rogue, NLRB Style

By John Alan Doran

A recent Congressional Sub-Committee report vigorously criticizes the NLRB under the Obama Administration(s).   The report notes that the NLRB’s conduct of late creates the impression of a “rogue agency” with serious systemic problems.  The report identifies a series of NLRB behaviors that demonstrated that the NLRB is little more than a pro-Union agency that has lost sight of its stated mission to resolve labor-management issues in an impartial, fair manner.  Um…duh!

A Republican-controlled committee penned the report, and there is, therefore, the possibility of a reverse bias.  It is difficult, however, to challenge the report’s conclusion that the NLRB has become union-dominated, and therefore lacks even as much balance as Congress originally intended when it enacted the National Labor Relations Act.  The Board’s support of quickie elections, mini-bargaining units, and vestiges of the Employee Free Choice Act, not to mention its new poster rule, its challenges to employer relocation (the Boeing fiasco), and its unrelenting attacks on simple employer handbook provisions, all support the conclusion that this Board is not working to level the playing field.

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