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With EFCA on the ropes, unions shift their focus to the NLRB

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in Employment Law,Human Resources

by Hal Coxson, Esq.

As we approach the Nov. 2 midterm congressional elections, chances for passage of the Employee Free Choice Act (EFCA) grow dimmer and dimmer. The union lobby lacks the votes in the Senate to stop a filibuster to take EFCA to the floor, and Congress lacks the stomach for tough labor votes so close to the election.

That hasn’t diminished unions’ push for EFCA-like reforms through the National Labor Relations Board (NLRB)—especially now that a solid three-vote majority of former union lawyers is serving on the board. The battleground clearly has shifted to the NLRB.

NLRB’s new composition

The NLRB is finally up to its five-member complement, after operating as a two-member board for over two years. The Senate recently confirmed two new members: Democrat Mark Gaston Pearce and Republican Brian Hayes, both Obama appointees.

They join Chairman Wilma Liebman (D), member Peter Schaumber (R) and member Craig Becke...(register to read more)

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