NLRB CHIEF THREAT TO EFCA?

November 9, 2009

“Since the NLRB is charged with administering our nation’s labor laws, the confirmation of Mr. Becker raises the possibility of the EFCA legislation or an equally onerous alternative being imposed through Board action.”
– NAM Executive Vice President Jay Timmons in a letter to Senate HELP Committee members, 10/20/09

While the Senate maintains its focus on health care and efforts to move the EFCA remained stalled, organized labor continues to expand its influence.

· At the request of the AFL-CIO, the National Mediation Board (NMB) this week proposed radical new procedural changes to assist union organizers. Currently NMB union representation elections certify labor unions only when a majority of the total workers in a workplace choose to form a union. Under this new proposal, a union could be certified when only a majority of employees who participated in the elections choose union representation. While these changes would alter the way unions are formed, they would not change the process to decertify a union or allow employees who did not vote for the union to be exempt from mandatory dues. (Click here for more.)

· Labor leaders see the National Labor Relations Board (NLRB) as an opportunity to change our labor law system through the nomination of Service Employees International Union (SEIU) attorney Craig Becker. Becker has expressed views far outside of the mainstream that include objections to any employer involvement in the union organizing process. Sen. John McCain (R-AZ) has placed a procedural hold on Becker’s nomination, preventing Senate action on the nomination for the time being.

· The NAM opposes Becker’s nomination. (Click here for more information.)