NAM: Chairwoman Liebman Expects "More Dynamic" Reading of NLRA
ShopFloor.org reports on NLRB Chairwoman Wilma Liebman's remarks yesterday at the annual Hunter College national conference on collective bargaining in higher education. As also noted in BNA’s Daily Labor Report (subscription needed), Liebman said she suspects the Board will operate "under continuing scrutiny and controversy.” From NAM's post:
She further explained that while the board will seek a “more dynamic” reading of the National Labor Relations Act than the “static” approach of the Bush years, it would be unrealistic to expect “fundamental, wholesale, or radical change.”
But in her remarks the Chair notes that decisions by the Obama board, she said, will seek “a more dynamic interpretation of the statute,” looking at real-world impacts, needs, and facts, “not just the words of the law.”
ShopFloor includes analysis from others (including yours truly)...
ShopFloor.org reports on NLRB Chairwoman Wilma Liebman's remarks yesterday at the annual Hunter College national conference on collective bargaining in higher education. As also noted in BNA’s Daily Labor Report (subscription needed), Liebman said she suspects the Board will operate "under continuing scrutiny and controversy.” From NAM's post:
She further explained that while the board will seek a “more dynamic” reading of the National Labor Relations Act than the “static” approach of the Bush years, it would be unrealistic to expect “fundamental, wholesale, or radical change.”
But in her remarks the Chair notes that decisions by the Obama board, she said, will seek “a more dynamic interpretation of the statute,” looking at real-world impacts, needs, and facts, “not just the words of the law.”
ShopFloor includes analysis from others (including yours truly):
Seth Borden of McKenna, Long and Aldridge believes that many cases decided in September 2007 may be revisited. They include Dana Corp., 351 NLRB No. 28 (Sept. 29, 2007), where the Board modified its recognition-bar doctrine. The Board held that an employer’s voluntary recognition of a union bargaining representative does not bar the processing of a decertification petition filed during the first 45 days after recognition.
Former NLRB member John Raudabaugh, now with Nixon Peabody, highlights two key decisions as being at risk: Register Guard and Oakwood Healthcare Center. In Register Guard the Board determined that employees have no statutory right to use electronic resources of their employers (such as e-mail) for the purposes of unionization. In Oakwood Healthcare the board ruled that front line supervisors should not be members of collective bargaining unions that are designed for rank-and-file employees.
Hal Coxson of the firm Ogletree Deakins offers a detailed review of key decisions that may be revisited. Coxson also sees a possiblity that a newly constituted board may attempt to codify more controversial policy changes through rulemaking. To read more click here.
