Association Will Urge New Administration to Restore Balance on NLRB
The Coalition for a Democratic Workplace (CDW), a nationwide alliance of more than 600 associations, companies, and advocacy organizations, released a report last week examining the record of the National Labor Relations Board under President Barack Obama. The report promises to be a useful resource for the incoming administration and the 115th Congress.
It revealed that Obama appointees overturned 4,105 collective years of precedent in 91 cases and rejected an additional 454 collective years of case law by adopting comprehensive new election rules. The report suggested that the NLRB became a full-time tool of organized labor.
“Precedent matters,” the document said. “Long-standing precedent matters most of all. Courts and administrative agencies have long recognized the importance of established precedent. Precedent that has stood the test of time is the fabric that holds together our jurisprudence system. It permits stability and predictability in the law.”
CDW chair Kristen Swearingen said: “The Obama NLRB quickly moved from groundbreaking to rule-breaking with unwise and sometimes unlawful efforts to turn away from established principles.”
Michael Lotito, coauthor of the report and co-chair of Littler Mendelson’s Workplace Policy Institute, stated: “Long established precedent forms the bedrock of our legal system. It is time to return to basic principles of decision-making, which is in the best interest of the Board, those who it serves, and our judicial system in general.”
The Farm Equipment Manufacturers Association will add our name to a letter this week urging Vice President-elect Mike Pence, who heads the new administration’s transition team, to quickly fill the two vacancies at the NLRB with qualified experts.
We believe the new administration can return balance to the NLRB by nominating new board members who will interpret the National Labor Relations Act in a manner that is fair to workers, unions and employers alike. Moreover, returning the board to its traditional role as a neutral arbiter of labor disputes will create a climate for economic growth by freeing employers from the unnecessary red tape and uncertainty associated with recent board activities.
The Trump administration has the opportunity to do this by nominating two qualified experts to the board upon inauguration.
The Association also will urge the new administration to immediately designate the current sole Republican board member, Phillip Miscimarra, as chairman of the NLRB. Miscimarra has substantial experience and has worked on the board for three years, giving him the insight to immediately begin the work that needs to be done.
Vernon Schmidt – Executive Vice President