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Sun Jan 27, 2013, 01:05 PM

If a year’s work can be undone in a day, is the NLRB simply too weak?

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The stunning decision today by a federal court to invalidate President Obama’s appointments to the National Labor Relations Board (NLRB) is being treated by the media primarily as a constitutional power struggle between the president, the Senate and the judiciary. But for labor unions—and the millions of workers they represent—the court ruling is just the latest evidence that the NLRB—a New Deal-era federal agency set up to handle all labor disputes—needs updating. It’s time for a new, more decentralized approach to protecting worker rights that supplements the current structure, which funnels all worker complaints through a single central agency in Washington D.C.

The current NLRB delivered a number of significant pro-worker decisions in 2012, all of which may now be in jeopardy. In a single year, workers gained greater protections in their use of social media; protections from employer-mandated dispute resolution programs; and greater protections for automatic dues deductions, among others. After years of pro-employer boards, many in labor saw the current incarnation, which has served since January 2012, as providing a necessary rebalance of power. However, the NLRB was only able to reach these pro-worker decisions because President Obama used his recess appointment powers to appoint progressive members.
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http://www.inthesetimes.com/article/14491/time_to_move_beyond_the_board/

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Reply If a year’s work can be undone in a day, is the NLRB simply too weak? (Original post)
Teamster Jeff Jan 2013 OP
ProgressiveProfessor Jan 2013 #1
dkf Jan 2013 #2
ProgressiveProfessor Jan 2013 #3
Teamster Jeff Jan 2013 #4

Response to Teamster Jeff (Original post)

Sun Jan 27, 2013, 01:15 PM

1. The weakness (if any) is not in the NLRB itself

The issue is how the members were appointed which is a Executive branch wide issue, not specific to the NLRB.

That said, everybody who lost at the NLRB will now file suit citing this case as precedent. This clearly has to go to SCOTUS and soon. If the plaintiffs win, everything those members decided is toast and there will be a royal mess.

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Response to ProgressiveProfessor (Reply #1)

Sun Jan 27, 2013, 01:19 PM

2. So is this court now pro-Obama? I have no idea what to expect from Roberts any more.

 

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Response to dkf (Reply #2)

Sun Jan 27, 2013, 01:23 PM

3. SCOTUS is always a toss up IME

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Response to ProgressiveProfessor (Reply #1)

Sun Jan 27, 2013, 02:17 PM

4. The author's contention is that the NLRB as the only recourse for unions

to settle disputes and protect collective bargaining rights is not enough and that the Civil Rights Act should be amended to include the right to form unions and the right of workers to collectively bargain. That way disputes could go straight to federal court and the Labor Board.

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