As many followers of this blog know, the National Labor Relations Board is supposed to have 5 members on it: two representing management, two representing labor, and one from the sitting President’s party. President Trump’s Republican party generally skews pro-management. So, once his nominations are confirmed, the NLRB should consist of a 3-2 pro-company majority.
Former 8-year Board Member, Peter Schaumber yearns for the return of a Board that follows the law when deciding labor law cases. This would be a stark contrast to President Obama’s Board which is widely criticized as overstepping its bounds when making decision-based rulings.
Per Schaumber, “It wasn’t just a pendulum going back and forth. They went outside the schoolyard.” He doesn’t necessarily demand the Trump Board overturn the previous Board’s rulings, be he would like them “revisit it to balance it because of [its] damaging impact.” This reminds me of when Congress enacted the 1947 Taft-Hartley Act which revisited the 1935 National Labor Relations Act because the original version of the Act tilted also too far in favor of labor.
Matt Austin owns Austin Legal, LLC, a boutique law firm based in Ohio that limits its representation to employers dealing with labor, employment, and OSHA matters. You can reach Matt by calling him at (614) 285-5342 or emailing him at Matt@MattAustinLaborLaw.com.