Last week, President Obama used his authority to make recess appointments when he appointed two new members to the National Labor Relations Board (NLRB). By virtue of this action, the NLRB now has a pro-union majority. One of the two new appointees is on record as advocating changes as radical as removing employers as one of the parties in the labor-management relationship.
What can we expect? Nothing short of a transformation in workplaces across the U.S. Here are just two of the actions the Board is likely to order:
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• Replacement of current secret ballot elections for union representation with a “card check” process. This action would make passage of the Employee Free Choice Act (EFCA) by Congress a moot point with respect to this issue.
• A narrower definition of the term “supervisor” that would enable more employees to be covered by current labor laws. Thus passage of the currently proposed RESPECT Act would become a moot point for this issue.
If you are wondering how three people single-handedly can have a transformative impact on the employee-employer relationship, I invite you to get up to speed by reading two articles I wrote last fall. (Although there are five positions on the Board, the three Democrats have long records of taking pro-union positions. Similarly, Republicans appointed to the Board traditionally have records of taking pro-management positions. Note that “pro-union” is not necessarily the same as “pro-employee.”)
What You Don’t Know about the NLRB Can Hurt You lists seven facts about the Board that employers and employees need to know. For those who don’t think they need to pay attention to what’s happening, the first two facts might change your mind:
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• The NRLB consists of five people whose decisions have the effect of federal law. These decisions change how existing labor laws are interpreted and administered. They do NOT need Congressional approval to become the law of the land.
• Board decisions affect ALL covered employees, not just those who belong to unions. With some exceptions (e.g., government workers, railway and airline workers), Board rulings affect the rights of non-unionized employees and employers.
The second article, Seven Tips to Prepare for the New NLRB, lists six legal and ethical contingent actions you can take to reduce the likelihood that anticipated NLRB rulings will have a negative impact on the employer-employee relationship in your organization.
In short order, employers and employees will have to learn how to interact with each other in what promises to be a new world of labor-management relations. Do you have the facts you need? For more information on this topic, contact us.
© 2010 Pat Lynch. All rights reserved.
