The recess appointments of Becker and Pearce will last until the end of 2011. For the first time under the new administration, Democrats make up a majority of the five-Member Board. The NLRB had only two of its five seats filled for over two years and its authority to issue decisions without a quorum has been called into question. The issue is currently pending before the Supreme Court, which is expected to make a decision this Spring.
Current Chairman Wilma Liebman has suggested that the current Board may now reverse many significant decisions issued by the Bush Board. Among those issues to watch are:
- employee access to employers’ email systems for union purposes (Register-Guard)
- the definition of “supervisor” under Section 2(11) of the Act (Oakwood Healthcare)
- voluntary recognition (Dana/Metaldyne)
- Weingarten rights in a non-union setting (IBM Corp.)
As days go on, we will monitor developments at the Board, union organizing activity, and related topics and report on them.
Update: On April 16, the new Board issued its first decision. Click here to read the decision by Chairman Liebman and Members Schaumber and Pearce.