On July 31, the Senate confirmed five new members to the National Labor Relations Board (NLRB), three Democrats and two Republicans, restoring the NLRB to full membership for the first time in a decade.
Established by the National Labor Relations Act (NLRA) in 1935, the NLRB has increasingly become a focus of partisan politics, with the party holding the White House appointing a majority of either pro-labor or pro-business members. Unlike a court of law, the NLRB is not bound by its own precedent. Its decisions on controversial issues swing wildly based upon the party makeup of the sitting board. In fact, “party oscillation” has become the NLRB’s new norm, following a change in administration. With a solid three member pro-union majority on the recently appointed board, President Obama’s pro-Union agenda should have very little problem in being advanced.