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Three of Four NLRB Members Are Democrats: More Union-Friendly Decisions Likely

Peter Schaumber, nominated to the National Labor Relations Board in 2002 by Former President Bush, recently left the Board after eight years of service.  For twenty-seven months of his term, Schaumber sat with only one other Board member.  The two of them issued over 600 decisions.  However, those decisions were later deemed unenforceable, since the Supreme Court said the NLRB needed a minimum of three members to issue effective opinions.

Now we are left with a four member board – three Democrats and one Republican.  Craig Becker, one of the Democratic members, was appointed by President Obama but not confirmed by Congress.  As we wrote in a prior article (click here to read it) Becker is a controversial appointee.  He was the attorney for the AFL-CIO and the SEIU, and has vocalized his desire to see the Board make more pro-union decisions.  Many doubt his ability to be impartial.

Employers should keep an eye on the decisions coming from the NLRB as it is likely the Board will become more union friendly.  Of course, we will continue to report on significant cases.  Brody and Associates regularly advises its clients on all labor management issues and provides various training programs.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.965.0560.