House to Vote on Bill to Limit Further NLRB Actions Without Quorum

On January 25, the U.S. Court of Appeals for the D.C. Circuit held that two appointments to the National Labor Relations Board (NLRB) made by President Obama without Senate confirmation in January of 2012 were unconstitutional. The Court’s ruling raises questions to the validity of decisions or rules made by the NLRB over the past year that would require a quorum, creating great uncertainty for employers and employees struggling to stay in compliance with labor law.  

On March 13, Congressman David Roe (R-TN) introduced H.R.1120, the Preventing Greater Uncertainty in Labor-Management Relations Act, to prohibit the NLRB from taking actions which require a quorum on the Board until this controversy is resolved by Senate confirmation of the appointees, a Supreme Court ruling, or the expiration of the terms of the three recess appointees with the adjournment of the 113th Congress.

The bill also prohibits the Board from enforcing any action taken after January 2012 that required a quorum. However, it still preserves the NLRB’s essential functions, such as workers’ ability to petition for union elections and the ability of the NLRB regional offices to accept and process unfair labor practice charges.

The House Committee on Education and the Workforce approved H.R. 1120 on March 20 by a vote of 23-16. IEC submitted a letter of support for the bill to the committee during its consideration.

The full House of Representatives plans to vote on the Preventing Greater Uncertainty in Labor-Management Relations Act next week. IEC will be issuing an email Action Alert to members to contact their Representative and ask for their support of H.R. 1120. Stay tuned…