This past December, there was a major kerfuffle at the National Labor Relations Board (NLRB) as it was trying to pass a new rule regarding union elections before the term of pro-union Democrat Craig Becker, a (legal) recess appointment by President Obama, expired at the end of that month. The lone Republican on the Board, Brian Hayes, threatened to resign if the Board attempted to pass the rule, which allowed unions to speed up the elections of union representation and keep businesses from being able to mount a reasonable challenge to keep unions out. Hayes voted on various procedural issues regarding the rule (he voted against every one); but, on December 16, the Board issued a 2-0 vote approving the new rule without consulting Hayes. Per the NLRB, the rule was valid because the Board had the minimum three members required to make a quorum to pass anything. But because Hayes had no involvement in the final passage of the rule, D.C. Circuit District Judge James Boasberg, an Obama appointee, rightly concluded no quorum existed in the adoption of the final rule.
This is a big deal, as you’ll see.
Steve Maley
Caleb Howe
Jeff Emanuel