Those who are asked to predict the next big change to workplace regulations are focusing on the influence of organized labor. Some have concluded that the labor unions’ record expenditure of $450,000,000 to help elect Democrats in 2008 is now paying dividends. The two vacant seats on the NLRB will be filled with union-side labor lawyers. According to the White House visitor logs, SEIU President Andy Stern was the second most frequent individual visitor to the White House in 2009. The first? SEIU Treasurer Anna Burger enjoyed the highest number of visits with the President and other senior administration officials.

The NLRB has had three vacancies since 2008. Sitting with one Democrat and one Republican, it has been unable to act on divisive issues during the last couple of years. Impasse will soon be resolved. Democrats will enjoy a three to one majority on the NLRB with several significant issues on the horizon. Mark Pierce will take his seat as a member of the NLRB on April 7. He practiced with union-side labor law firms for 14 years. Craig Becker’s appointment has sparked the biggest debate about partisan politics and union influence. Mr. Becker currently serves as a lawyer for the labor organizations SEIU and AFL-CIO and has spoken in favor of the Employee Free Choice Act, a bill that would make it easier for unions to organize new members. The controversy surrounding Mr. Becker’s appointment is based largely on his legal writings which have called for far reaching pro-union labor law reforms, many of which, he writes, could be instituted by the NLRB without involving congressional legislation.

The NLRB is considering several cases that could force companies to act differently on issues related to unionization, outcomes of strikes, plant relocations during organizing efforts, layoffs, and compensation. According to Randall Johnson, vice president of labor issues at the Washington-based Chamber of Commerce, the nation’s largest business group, “The business community should be on red alert for radical changes that could significantly impair the ability of America’s job creators to compete.” More information about the Worker Free Choice Act can be found on our website under the Resources tab - http://www.foleylawpractice.com/.

FINAL THOUGHT
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