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REPUBLICAN FILIBUSTERNext Battle for NLRB Nominees?On May 22, the Senate Health, Education, Laborand Pensions Committee voted to approvePresident Obama’s five nominees for the NationalLabor Relations Board (NLRB). There was strongRepublican opposition to the Democratic nomineeswhich likely means a fierce fight in the full Senateto get all five of the nominees confirmed. The battlenow moves to the full Senate.The NLRB has been under “relentless politicalattack [and] many elected officials are actively tryingto shut the NLRB down,” said Sen. Tom Harkin(D-Iowa) on May 16 as the Senate Health, Education,Labor and Pension Committee (HELP) openedconfirmation hearings on a package of nominees tothe board.The five nominees—three Democrats and twoRepublicans— must be confirmed by the full Senateand overcome an expected Republican filibusterbefore August when the term of one of the currentNLRB members ends and the board will be withouta quorum and unable to function.That, says AFL-CIO President Richard Trumka,is exactly what the board’s opponents are after. Ina recent op-ed piece in The Hill, Trumka writes,“Extremist congressional Republicans and corporatelobbyists...want to weaken its power to protectworkers who choose to organize and form unionson the job...South Carolina Republican Sen. LindseyGraham, a key leader of the charge, said, ‘I willcontinue to block all nominations to the NLRB.... The NLRB as inoperable could be consideredprogress.’ ”Harkin noted the NLRB’s importance saying,“The Board is the only place workers can go if theyhave been treated unfairly and denied the basicprotections that the law provides...The Board is justas essential for our nation’s employers...Becausethis agency is absolutely critical to our country, toour economy, and to our middle class, it is deeplydisappointing to see what has happened to the Boardin recent years.”“Political game playing is impacting the everydaylives of people across America...there are realconsequences for real people,” said Harkin.He pointed to Illinois pressman Marcus Hedgerwho was illegally fired in 2010 and who the NLRBordered reinstated with back pay, but is caught inthe legal limbo generated by a recent court decisionin favor of employers and anti-worker groupschallenging the authority of the NLRB.Put the NLRB Back to WorkMichigan AFL-CIO President Karla SwiftJustice delayed is justice denied. In orderto rebuild an economy that benefits all workingpeople – union and non-union – the laws protectingworkers’ rights must be enforced. That’s the role ofthe National Labor Relations Board (NLRB) – and itneeds to work.More than a year after bakers at six WestMichigan Panera Bread locations voted to unionized,the company refuses to negotiate. Those activein their union feel they are being targeted forretaliation. Workers like Kyle Schilling, who wasfired by the company for union activity, have norecourse. This local situation mirrors thousandsof cases around the country, in which an inactiveNLRB is holding thelives of working peoplein limbo.Talking aboutforming or joininga union in order tobargain for a better lifeisn’t illegal, and yourboss shouldn’t be ableto fire or retaliateagainst you for it. Butwithout a functioning NLRB, such intimidation byemployers goes unchecked and innocent peoplehave their financial lives ruined.8 BCTGM News
Factsabout the NLRB Confirmation ProcessPresident Obama has nominated a package of five individuals to serve on theNational Labor Relations Board (NLRB). It is essential that the Senate act promptly to confirm theseindividuals in order to keep this important agency operational to protect workers’ rights.The package of five nominees includes three current members of theBoard—Chairman Mark Pearce and Members Sharon Block and Richard Griffin—and twonominees who have not served previously on the Board and who have been drawn fromthe ranks of attorneys who represent management in disputes with employees: Philip Miscimarra andHarry Johnson. They clearly have views on labor relations matters that we do not agree with. Butworking people need and deserve a functioning NLRB, and confirmation of a full package of nomineeswill provide that stability.It is urgent that the nominations be considered and approved quickly. Atpresent, two of the five seats on the Board are vacant and the term of one of the three current Boardmembers, Chairman Pearce, will expire in August. Without action by the Senate, the Board will soonbe left without the quorum of at least three members that is required in order for the Board tofunction.The DC Circuit’s decision in the Noel Canning case on President Obama’srecess appointments to the NLRB makes confirmation of the package evenmore urgent. The decision has seriously undermined enforcement of the law, creating chaos anduncertainty for workers who have turned to the Board for protection of their rights. Employers areusing the Noel Canning decision to challengethe Board’s decisions, and the DC Circuit isputting these cases on hold, leaving workerswithout remedies when they are illegally firedfor union activity or when their employerrefuses to bargain with their representative.There is nothing unprecedentedabout the Senate being askedto confirm a package of fivenominees. Since the mid 1980’s, the Senatehas confirmed packages to the NLRB. Indeed,in the last 25 years, all but two of the 18different nominees confirmed to seats on theBoard have been confirmed as part of such apackage, and many of them had been serving asrecess appointees when they were confirmed.Working people need and deservea confirmed NLRB now. The Senatemust act promptly to confirm the nominations.This will remove any doubt about the Board’sauthority to act and restore stability to oursystem of labor-management relations.May/June 2013 www.bctgm.org 9
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