Are Republicans About to Kill the NLRB?

Are Republicans About to Kill the NLRB?

Are Republicans About to Kill the NLRB?

 A sneaky resignation might shut down the National Labor Relations Board.

Copy Link
Facebook
X (Twitter)
Bluesky
Pocket
Email

Within the next eight days, the National Labor Relations Board plans to vote on a crucial rule that would speed up union elections—a change that’s drawn serious opposition from the US Chamber of Commerce and Republican politicians. Unions are very eager to see the law passed, since employers will often delay union elections until they can quash the organizing drive through intimidation or other means.

The NLRB has only three of five seats filled because of Republican obstruction in the Senate, and with two of those seats being held by Democrats, passage of the rule would seem likely. But there’s one way Republicans can stop this—and they might be on the brink of doing it.

In 2010, the Supreme Court ruled that the NLRB cannot function with only two members, as it did for a brief period at the end of President Bush’s term and the beginning of President Obama’s. The Court found that two members do not constitute a quorum, and invalidated everything the NLRB did during that time.

So in order to stop the union election rule, which is scheduled to be held by November 30, the lone Republican member can simply resign, and poof—no NLRB. This possibility was first flagged Monday by Mike Elk at In These Times, and today The Hill obtained a letter from NLRB Chairman Mark Pearce to the panel’s only Republican, Brian Hayes. The letter clearly indicates that Hayes has threatened to resign:

“In mid-October, I specifically discussed with you a potential schedule for consideration of the rulemaking. You did not offer any alternative schedule,” Pearce wrote in the letter to Hayes. “Instead, you indicated that, if the board proceeded with consideration of the matter, you would consider resigning your position.”

The obvious disadvantage of the resignation scheme, from a Republican point of view, would be that President Obama then gets an extra appointment to the NLRB. But Republicans have been so successful at blocking these nominations they might not be concerned about this possibility—and if Obama loses the 2012 election, it becomes a moot point.

In fact, Republican obstruction in the Senate might kill the NLRB at the end of this year anyhow. The term of Craig Becker, who President Obama put on the board with a recess appointment, will expire when Congress adjourns for the year. If Republicans can prevent Obama from making another recess appointment—as they’ve successfully done in the case of the Consumer Financial Protection Bureau—then the NLRB shuts down.

But for now, the goal is to kill the union election rule—and Republicans may be poised to hit the resignation kill switch.  

Support independent journalism that does not fall in line

Even before February 28, the reasons for Donald Trump’s imploding approval rating were abundantly clear: untrammeled corruption and personal enrichment to the tune of billions of dollars during an affordability crisis, a foreign policy guided only by his own derelict sense of morality, and the deployment of a murderous campaign of occupation, detention, and deportation on American streets. 

Now an undeclared, unauthorized, unpopular, and unconstitutional war of aggression against Iran has spread like wildfire through the region and into Europe. A new “forever war”—with an ever-increasing likelihood of American troops on the ground—may very well be upon us.  

As we’ve seen over and over, this administration uses lies, misdirection, and attempts to flood the zone to justify its abuses of power at home and abroad. Just as Trump, Marco Rubio, and Pete Hegseth offer erratic and contradictory rationales for the attacks on Iran, the administration is also spreading the lie that the upcoming midterm elections are under threat from noncitizens on voter rolls. When these lies go unchecked, they become the basis for further authoritarian encroachment and war. 

In these dark times, independent journalism is uniquely able to uncover the falsehoods that threaten our republic—and civilians around the world—and shine a bright light on the truth. 

The Nation’s experienced team of writers, editors, and fact-checkers understands the scale of what we’re up against and the urgency with which we have to act. That’s why we’re publishing critical reporting and analysis of the war on Iran, ICE violence at home, new forms of voter suppression emerging in the courts, and much more. 

But this journalism is possible only with your support.

This March, The Nation needs to raise $50,000 to ensure that we have the resources for reporting and analysis that sets the record straight and empowers people of conscience to organize. Will you donate today?

Ad Policy
x