Uh oh, they’re back. The National Labor Relations Board is at full strength for the first time in years and ready to engage in industrial mischief. Operating without a quorum for years and under a cloud of questions about its Constitutional legitimacy, the board has been stymied in its attempt to implement the pro-labor agenda President Obama can’t get through Congress. That will change, as the Senate approved five new members on July 30th, bringing the Board back to full strength for the first time in a decade and rendering the Constitutional question largely moot.
Dan Bowling | All Articles
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Dan Bowling is Senior Lecturing Fellow at Duke Law School, a lawyer, and the CEO of a workplace consulting firm. Previously, he was head of global human resources for Coca-Cola Enterprises.
We have our Twinkies back! And our Ding Dongs, Ho Hos and Wonder Bread. As The Daily Caller reported on April 24, key assets of bankrupt Hostess Brands have been sold to private equity firms and plans are underway to open new plants. Presumably, the new owners will operate non-union.
If President Obama wants to remake our nation’s labor laws, he will have to do it the old-fashioned way: through the legislative branch. On Friday, a three-judge panel of the District of Columbia Circuit Court of Appeals struck down as unconstitutional several recess appointments made by the president over the past year, including those of three members of the National Labor Relations Board (NLRB). It leaves the NLRB with only one member --- not enough to function under the law --- and throws into question hundreds of decisions issued over the past year.
Here is my New Year’s resolution for labor.