The Hill News

The two remaining Democrats on the National Labor Relations Board are prepared to flout long-standing processes , traditions , and legal requirements for Board deliberations in order to force a “quickie election” rule on workers, employers, and their lone Republican colleague Brian Hayes.  Board Member Hayes should carefully consider whether or not to protect the institutional integrity of the Board by participating. 

On November 10, Hayes was informed by the current Board Chairman Mark Pearce that Pearce and Board Member Craig Becker plan to issue a final quickie election rule before Becker’s term ends next month. If Mr. Hayes does not have sufficient time to review and consider the rule and write a dissent, should that be his decision, so be it.  Hayes reported these and other actions in an unusual November 18 letter to Congressman John Kline, Chairman of the House Education and Workforce Committee.  

The majority’s extraordinary action co! ntradicts 60 years of Board practice. Historically, the Board will not issue a major decision without the affirmative vote of three members of a Board. The Board has five members at full strengthâ€"three from the President’s party and two from the opposing party.  This wise practice has always promoted thoughtful analysis by encouraging dialogue among members with differing views.  

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