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This weekend brought big news: President Obama used his Constitutional appointment powers to fill two slots on the National Labor Relations Board (NLRB) that have been vacant since 2007. Craig Becker and Mark Pearce will be added to the five-member board, which administrates disputes between labor and management.
American Rights at Work applauds these appointments as an effective first step toward improving conditions for America's workers. Said Executive Director Kimberly Freeman Brown in a statement:
"When jobs are scarce, workers are often forced to endure unfair working conditions. America's workers need a fully functioning NLRB to medite their claims for better wages, benefits and other rights now more than ever - and after two long years they have one."
A group of 46 of the country's leading labor law scholars are similarly pleased at the prospect of a functioning NLRB. They signed a letter to President Obama, thanking him for his action on this issue. "These new Board Members will bring their wealth of experience as legal scholars and labor law practitioners to serve with fairness and integrity," the letter states, "We again extend our appreciation to you for making the recess appointments that will allow the Board to tackle this work.
The scholars' letter also reminds us that recess appointments are hardly uncommon or unprecedented. George W. Bush made 171 recess appointments during his eight years in office — Ronald Reagan made 243.
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Board Member 2003 – present
Board Chairman March 2008 – Jan. 2009
Republican
Term Expires August 2010
>> Bio
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General Counsel 2006 – present
Board Member 1994 – 2006
Republican
Term Expires August 2010
>> Bio
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Board Chairman Jan. 2009 – present
Board Member 1997 – present
Term Expires August 2011
Democrat
>> Bio
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No Holds Barred: The Intensification of Employer Opposition to Organizing
New findings from Dr. Kate Bronfenbrenner provide a comprehensive,
independent analysis of employer behavior in union representation
elections supervised by the NLRB. Her
research identifies the range and incidence of legal and illegal
coercive tactics used by employers NLRB elections and the
ineffectiveness of current labor law to protect and enforce workers’
rights during the process.
Out of Control: Employer Misconduct During Union Organizing Far Too Common
National Labor Relations Board (NLRB) elections are meant to provide
workers with the opportunity to choose whether or not they want to join
a union. Yet research confirms that too many employers are taking
advantage of U.S. labor laws intended to protect workers’ rights to
form unions. Aggressive misconduct from management widely prevents
workers from exercising their choice. These findings indicate a serious
need for reform of the NLRB-supervised union election process which
typically skews in the favor of employers.
NLRB's Fired Workers Only Tip of the Iceberg
Workers who are fired for their support of a union discover incredible obstacles
in attempts to reclaim their jobs due to a weak labor law system that
favors employers. The workers who end up with an official ruling in
their favor from the NLRB represent
only the tip of the iceberg of the thousands of workers fired each year
for supporting a union. Rather than navigate a long and difficult
process, too many fired workers end their pursuit of justice, however
minimal, from the NLRB.
The Chilling Effect: Fire One Worker, Send a Powerful Message to the Rest
It is well-established that employers illegally fire workers for
their support of a union in the United States. But what people may not
realize is that for every worker fired, 395 coworkers receive the message: get involved with the union and you’ll get a pink slip. Looking at how many workers, on average, in a workplace observe someone
being fired for supporting a union reveals the real impact beyond the individual worker—it can chill support for a union by
instilling fear among coworkers that they too could lose their
livelihood and economic well-being.
The Inadequate Costs of Labor Law Violations
Other major
federal employment laws impose fines or damages on employers who break
the law. Yet the NLRA’s nominal deterrents do little to prevent
employer lawlessness compared to the costs of violating minimum wage,
discrimination, and health and safety protections.
Legal But Wrong
A list of tactics used by employers to prevent
employees from voting for union representation. While most Americans
would consider these tactics to be too intimidating to ensure that a
fair election could be held, they were all found to be legal under the
National Labor Relations Act.
The Haves and Have-Nots: How American Labor Law Denies a Quarter of the Workforce Collective Bargaining Rights
This report provides an accurate, up-to-date analysis of the number
and type of workers without collective bargaining rights, as well as
recent trends in the workforce and legal rulings that have impacted
that number. There are 140.5 million people in the civilian workforce.
Our research found that of these employees, 33.5 million, or 23.8%, have no rights under the NLRA or any other labor law:
no legally-protected right to join or form a union, no
legally-protected right to bargain collectively for their wages and
conditions of work, and therefore, effectively no freedom of
association in the workplace.
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