Yesterday, Senator Lamar Alexander (R-TN) introduced a bill to curb what the Senator believes to be the Board’s “partisan” activities.  Co-sponsored by Senate Minority Leader Mitch McConnell (R-KY), the bill would add a sixth member to the Board so that the President’s party would never have a Board majority.  Currently styled NLRB Reform Act, the bill would also make sure that the Board delivers its decisions in a more timely fashion.

“The board is too partisan, swinging from one side to the other with each new administration — taking employers and employees on a wild ride,” Alexander said in a statement accompanying his speech on the Senate floor. “It’s time for the board to restore stability to workplaces in Tennessee and throughout the country — with nonpartisan decisions made more quickly, assisted by a neutral general counsel.”

The bill would also require that four members agree before a decision was issued.  More importantly for businesses, employers have the ability to challenge complaints issued by the Board’s General Counsel in federal court and would be able to seek discovery concerning the complaint. 

Labor watchers are likely aware that the bill has little chance of passing the Democratic-controlled Senate and White House.  However, we will be watching this debate closely, so stay tuned.

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