My latest Prospect piece explains why this fall could be the last opportunity for pro-labor NLRB decisions for a long time, and suggests what some significant ones could be:
Over the past months, the GOP has escalated attacks on the NLRB as a rogue job-killing agency, and Republicans’ willingness to use procedural tactics to block even recess appointments further raises the likelihood that once the pro-labor majority reaches its January expiration date, the board could be left to languish until the next presidential election. Although President Barack Obama inherited an NLRB with three vacancies, it took 14 months for him to fill any of them, due to a familiar combination of Republican obstruction and Democratic hesitance. Since then, “they’ve been playing defense,” says law professor and former NLRB attorney Jeff Hirsch, “and I don’t fault the board for that because they haven’t had a lot of time.” Come January, “I would be stunned if they actually get a third member on,” he adds. AFL-CIO President Richard Trumka says Republicans are trying “everything they can to prevent the NLRB from actually doing what it’s intended to do.”