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Education & Labor Committee Republicans

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Committee Members Introduce Bill to Prevent Future NLRB Legal Uncertainty

House Education and the Workforce Committee Republicans, led by Health, Employment, Labor, and Pensions Subcommittee Chairman Phil Roe (R-TN), today introduced the Preventing Greater Uncertainty in Labor-Management Relations Act (H.R. 1120). The legislation responds to the ongoing legal chaos surrounding the National Labor Relations Board (NLRB) in the wake of the president’s 2012 recess appointments by requiring the board to cease activity until the issues involving the current board are settled. 

“Each new action taken by the board simply exacerbates the uncertainty facing America’s workers, employers, and taxpayers,” said Rep. Roe. “It is unfortunate that the president’s partisan politics have rendered the board dysfunctional. Workers, employers, and unions deserve a labor board that will function properly and act responsibly. Allowing the board to continue its work while its constitutional standing is in doubt is not an option. This important legislation will prevent the board from creating greater confusion and uncertainty while also ensuring other important functions of the NLRB can continue.”

“The president’s unprecedented recess appointment scheme has severely undermined the work and integrity of the National Labor Relations Board,” said Chairman Kline. “The president is ultimately responsible for fixing the crisis he created. While we wait for him to act, I had hoped the NLRB would cease all activity and avoid making an already difficult situation worse. Since it appears the board is unwilling to do so, Congress must intervene. The bill provides a responsible answer to an unprecedented situation affecting workplaces across the country.” 

The Preventing Greater Uncertainty in Labor-Management Relations Act will:

  • Prevent further labor-management instability by requiring the board to cease all activity that requires a three member quorum. The bill also prohibits the board from enforcing any action taken after January 2012 that required a quorum. 
      
  • Protect the right of workers to petition for union elections. The bill also does not prevent the NLRB regional offices from accepting and processing unfair labor practice charges filed by an injured party – worker, employer, or union.
      
  • Remove restrictions on the board’s authority under a number of different circumstances, including a ruling by the U.S. Supreme Court on the constitutionality of the recess appointments or a board quorum confirmed by the U.S. Senate.
      
  • Ensure any action involving the so-called recess appointees is reviewed and approved by a future board that has been constitutionally appointed.

To learn more about H.R. 1120, click here

To learn more about House Republican efforts on this important issue, click here.



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