This summer, Senate Republicans are actively attempting to shut down the National Labor Relations Board (NLRB), despite the fact that President Obama has nominated five well-qualified candidates to the board.
How did this happen?
In 2011, when the NLRB needed new board members to satisfy its quorum requirements (three of five spots must be filled), numerous Senate Republicans announced their intention to block any nomination to the NLRB, effectively causing the NLRB to cease functioning. President Obama had no choice but to make recess appointments to the NLRB in January 2012. These recess appointments ensured that the NLRB would continue functioning, but have spent the year under a shadow of legal scrutiny.
In a few weeks, the NLRB will once again face the very real threat of losing its quorum. NLRB member and Chairman Mark Gaston Pearce’s term will expire in August – crippling the board’s ability to decide hundreds of cases that come before it each year.
Over 75 years ago, Congress enacted the National Labor Relations Act (NLRA), which provides essential protections for both union and non-union workers, and gives workers the right to stick together and speak up for fair wages, good benefits, and safe working conditions. The NLRB is the guardian of these rights, and is the only place workers can go if they have been treated unfairly and denied basic protections that the law provides.
Over the past decade, the NLRB has secured reinstatement for 22,544 employees who were unfairly fired and recovered more than $1 billion on behalf of workers whose rights were violated. The board has also helped numerous businesses resolve disputes efficiently. In that same decade, the board has never once had a full slate of five Senate-confirmed members.
Filibustering to prevent the NLRB from having a full quorum and being able to function has real consequences for all workers. It’s time for the Senate to rise above petty politics and confirm President Obama’s nominees to the NLRB.
