House to Vote on NLRB Legislation

The U.S. House is expected to vote on legislation tomorrow that would remove the uncertainty created by the January 2012 unconstitutional recess appointments to the National Labor Relations Board (the Board). H.R. 1120, the Preventing Greater Uncertainty in Labor-Management Relations Act, which would allow the Board to continue essential functions, such as the worker’ ability to petition for union elections and the ability of the Board’s regional offices to accept and process unfair labor practice charges. AGC sent a letter to the House in support and will be key voting the legislation. The bill is needed because the U.S. Court of Appeals for the D.C. Circuit decision, Noel Canning v. NLRB, ruled that the 2012 appointments were “constitutionally invalid” because the Senate was actually not in recess when the appointments were made. Accordingly, the five-member Board lacked a quorum when it decided the underlying legal issues affecting employer Noel Canning. Since the court decision, neither the administration nor the Board has taken any meaningful steps to demonstrate restraint in the wake of the court ruling. In fact, the Board chairman responded to the ruling by issuing a statement asserting his belief that the appointments will ultimately be upheld and reporting that, in the meantime, the Board will continue to issue decisions. While the parties wait for the Supreme Court to ultimately review the ruling, recent decisions and future ones by the Board remain uncertain. The uncertainty could impose real costs and litigation on employers and other parties before the Board. For more information, please contact Jim Young at (202) 547-0133 or youngj@agc.org.