Court decision could leave NLRB powerless to enfore law, potentially allowing employers to fire pro-union workers.
from ThinkProgress
"Two events this morning strike at the heart of whether workers have the right to organize. The first is a brand new decision by two Republican judges on the United States Court of Appeals for the Third Circuit striking down President Obama’s recess appointments to the National Labor Relations Board (NLRB). The second is a confirmation hearing, coincidentally being held this morning, on five nominees to that same Board. If the Third Circuit’s opinion stands, and the five nominees are not confirmed, the practical result will be a blank check for union-busting employers.
"The background here stretches back to a 2010 decision by the Supreme Court holding that the NLRB is powerless to act unless it has a quorum of at least three members. The NLRB has exclusive jurisdiction over what are known as 'unfair labor practices,' meaning that it is the only body of government permitted to enforce much of federal labour law. If the NLRB is powerless to act, there will be no one to enforce workers’ rights to join a union without intimidation from their employer. No one to enforce workers’ rights to join together to oppose abusive work conditions. And no one to make an employer actually bargain with a union. Without an NLRB to enforce the law, it may be possible for an employer to round up all of their pro-union workers, fire them, and then replace them with anti-union scabs who will immediately call a vote to decertify the union. …"
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