Senator Marsha Blackburn (R-TN) introduced the National Labor Relations Board Reform Act (S. 991), a bill seeking to end the partisanship at the National Labor Relations Board (NLRB) and to keep the General Counsel from operating as an activist. The NLRB Reform Act proposes to:
- End the partisanship at the NLRB. To put an end to the partisanship, this legislation would increase the number of board members from five to six, requiring an even split between Republicans and Democrats. Currently, there is an uncodified tradition that a majority of the five-member Board be from the party of the President. All decisions would require the agreement of four board members to ensure less partisan decisions. In addition, the bill would impose new term appointments for Board members that ensure one Republican seat and one Democrat seat each expire every two years.
- Rein in the General Counsel. Parties will have 30 days to seek review of a General Counsel’s complaint in federal district court and will have new discovery rights allowing them to obtain memoranda and other documents relevant to the complaint within 10 days.
- Encourage quick resolution of cases. Under the NLRB Reform Act, either party in a case before the board could appeal to a federal court of appeals if the Board fails to reach a decision in their case within one year.
With a Democratic majority in the Senate, the NLRB Reform Act is not expected to receive any attention in the chamber. A House companion bill has not yet been introduced. However, even if a House bill is introduced, given the current makeup of Congress, the bill will not garner enough votes for passage. Instead, Republicans are likely to use the NLRB Reform Act as a messaging bill this Congress and will likely point to the suggested changes to the Board during oversight hearings in the House chamber.
Outlook: Reforming the NLRB will continue to be a priority for Republicans, and it is worth noting that the NLRB Reform Act was previously introduced by then Senate Majority Leader Mitch McConnell (R-KY) and Senator Lamar Alexander (R-TN) in 2015. Given the wide fluctuations in NLRB policy between administrations, NLRB reform is needed, and this proposal is an initial step in the right direction.