Whether you love it or hate it, the National Labor Relations Act (NLRA) created a watershed in industrial relations. The National Labor Relations Board (NLRB) maintains a site with historical materials celebrating the act.
SPEAKING OF THE NLRB …
On July 1, 2010, the NLRB outlined its plan for considering cases that were decided by two-member panels after the Supreme Court issued its decision in New Process Steel v. NLRB.
In response to numerous inquiries, the Board described how it would handle returned cases following the Supreme Court’s ruling that the Board lacked authority to issue decisions when three of its five seats were vacant. Editor’s note: the decision affected many rulings issued during the period the Board had only two members.
During a 27-month period that ended with later appointments, the Board operated with two members: Chairman Wilma Liebman and Board Member Peter Schaumber. They decided nearly 600 cases on which they agreed, while other matters were held pending additional members.
At the time of the Supreme Court decision, 96 of those two-member decisions were pending on appeal before federal courts. The Board sought remands so each case could receive further consideration.
Each remanded case will be considered by a three-member panel of the Board and may also include participation by other Board members. Employers and labor representatives should monitor decisions as panels re-evaluate earlier rulings.
The National Labor Relations Board is an independent federal agency charged with protecting employees’ rights to organize and to choose a bargaining representative, and with preventing unfair labor practices by employers and unions. For guidance on business impacts of the NLRA, see Impact of NLRA and Business Considerations.
It’s unclear how many two-member rulings not challenged in appellate courts can or will be contested and how many may have become moot. Employers concerned about the Board’s agenda and workplace policy implications can review practical approaches at Workplace Resolutions for Employers.
For human-resources and labor relations professionals, these developments underscore the importance of staying current with Board composition and decisions and adjusting workplace procedures accordingly.
Lesson: The NLRA established the NLRB to protect employees from manipulative or abusive labor practices and to provide a forum for resolving representation and unfair labor practice disputes. Changes in Board membership can affect how prior decisions are reviewed and applied. If you are responsible for workplace labor relations, watch for updated Board rulings and consider reviewing internal policies and training.
Frequently Asked Questions
What did the Supreme Court decide in New Process Steel v. NLRB?
The Court held that the Board lacked authority to issue decisions when a majority of its seats were vacant, which affected cases decided by two-member panels.
What happens to cases the two-member Board decided?
The Board has sought remands of pending appeals so three-member panels can re-evaluate those decisions and issue new determinations if needed.
How should employers respond to these changes?
Employers should monitor remanded cases, review workplace policies with counsel or HR professionals, and update practices to align with current Board rulings.
Where can I find practical guidance for handling NLRB-related issues?
Consult human-resources resources and insurance guidance for employers to address labor relations and workplace safety consistently with current law and Board practice.