National Labor Relations Board Nominations

by Mike Eastman

On Friday, the White House announced that it is nominating individuals to fill the three vacant seats on the National Labor Relations Board (NLRB).  These individuals include: former NLRB Chairman Robert Batista, former NLRB Member Dennis Walsh, and Gerald Morales, currently a labor and employment lawyer with Snell & Wilmer.

The nominations prompted this response from Senator Ted Kennedy (D-MA), Chairman of the Senate Health, Education, Labor, and Pensions Committee:

It’s unbelievable that President Bush would renominate Mr. Battista to the Board, after he led the most anti-worker, anti-labor, anti-union Board in its history.  America’s hard-working men and women deserve a Board that will uphold their rights, not undermine them.  With these nominations, the Administration has again demonstrated its hostility to fairness and justice in the workplace.

Unfortunately, such rhetoric has become all too common as labor unions and their allies seek to demonize the NLRB.  Such rhetoric was on full display last month, when Sen. Kennedy and his House counterpart, Rep. George Miller (D-CA) held a rare joint hearing to condemn the Board.

In response to the hearing, the Chamber submitted a letter critical of the tone the debate over labor issues has taken in recent years:

Indeed, open and honest debate over the merits of Board decisions is a healthy exercise and should be encouraged.  However, in recent years we have seen a disturbing trend in the tone of the debate.  Instead of disagreement, we have ad hominem attacks, instead of criticism, hyperbole, and instead of reasoned discussion, vitriolic rhetoric.  Compounding this are reports based on shoddy research and half-truths that have been relied on by policy-makers … in attacking the Board and its decisions.

We welcome the President’s decision to nominate individuals so that the NLRB can resume its duties.  We remain hopeful that the Senate will consider these nominees and their records in a measured and reasoned way.  However, given the Chairman’s early sentiments, we are not holding our breath.