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Senate Republicans Propose Overhaul of NLRA & NLRB


Late last month, Republican Senators Mitch McConnell and Lamar Alexander proposed legislation which would overhaul the National Labor Relations Act and subsequently the National Labor Relations Board ("NLRB").  

A few key parts of this bill:

  • The NLRB would go from 5 members to 6, requiring an even split among Republicans and Democrats.  All decisions would subsequently require the agreement of at least 4 members.
  • The five year term of Board members would be synched up so that a Republican and Democrat seat are up for nomination at the same time.
  • Parties in a case would have 30 days to seek review of a general counsel's complaint in federal court and would create new rights that would allow them to obtain documents relevant to the complaint within 10 days.
  • Funding would also be reduced 20 percent if the Board is not able to decide 90 percent of its cases within one year over the first two year period post reform.  (Talk about lighting a fire under the NLRB to get them moving).
  • As well, as to the appointment of Board members, the bill would replace "appointed by the President by and with the advice and consent of the Senate" with "appointed by the President, after consultation with the leader of the Senate representing the party opposing the party of the President, by and with the advice and consent of the Senate."  (Remember the issue over "recess appointments" of Board members by Obama?  This would be a way for the opposing party to somewhat force the President to engage in a dialogue before acting).

Whether this legislation will go anywhere is the first question that should be asked.  Given that Republicans control the Senate, there is some hope...but of course Obama would likely veto this bill as is.  I do not think that the Republicans could get the votes needed to overcome that veto, however.  

At this point, the bill will likely be sent to the Senate Health, Education, Labor and Pensions Committee (which is chaired by Senator Alexander) for consideration.  Stay tuned.


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