What's Happening?
The National Labor Relations Board (NLRB) has regained a quorum, allowing it to issue decisions after an 11-month hiatus. Marvin Kaplan, a former chairman of the NLRB, highlights that significant changes in labor policy can be achieved through rulemaking,
even with just two affirmative votes from board members. Historically, the NLRB has required three votes to reverse precedent through adjudication. However, Kaplan points out that rulemaking, which involves public comment and transparency, can be accomplished with a simple majority vote. This process is governed by the Administrative Procedure Act, ensuring that proposed rules are published and open for public input before finalization. Kaplan suggests that the NLRB should focus on rulemaking to address issues such as representation election rules and the classification of independent contractors, which have traditionally been handled through adjudication.
Why It's Important?
The ability of the NLRB to change rules with just two votes could significantly impact labor relations in the U.S. By utilizing rulemaking, the NLRB can provide greater clarity and stability in labor policies, which is crucial for employers, workers, and unions. This approach allows for public participation and ensures that changes are prospective, giving stakeholders time to adapt. The focus on rulemaking could address longstanding issues like unionization procedures and worker classification, which have seen inconsistent interpretations over the years. This could lead to more predictable and transparent labor policies, benefiting all parties involved in labor relations.
What's Next?
The NLRB is expected to consider rulemaking to address key labor issues, such as representation election rules and the classification of independent contractors. These areas have been subject to varying interpretations, creating uncertainty for employers and workers. By focusing on rulemaking, the NLRB can establish consistent and transparent policies. Stakeholders, including employers, unions, and workers, will likely engage in the public comment process to influence the final rules. The NLRB's actions will be closely monitored by Congress and the courts, which have the authority to review and potentially disapprove new rules.
