Obama “Recess” Appointments Likely to Have Significant Impact on Labor Union Organizing

It has been no secret that President Obama has enjoyed great support from organized labor and that he in turn supports efforts to make it easier for unions to organize workers. Recent appointments by Obama to fill three vacancies on the National Labor Relations Board are likely to usher in significant changes in the process for creating such workplace groups.

The President, with much fanfare Wednesday, made a “recess” appointment for the head of the new Consumer Financial Protection Bureau. (I put the term “recess” in quotes, because there appears to be some controversy about whether or not the Senate, which normally must approve of such appointments, was actually in recess).  With much less fanfare, though, Obama appointed three new members to the five-seat NLRB. The Board had two vacancies already, and a third vacancy was created when one member’s term expired at the end of 2011. With only two members on the 5-member board, no action could be taken.

Republicans in Congress seemed content that this Board could not act, but the appointment of three new members makes it not only possible that the Board will be able to act but also likely that it now will have enough votes to enact new union election rules that have been proposed, to union elections faster and easier for unions.

I will continue to monitor the status of those rules, which I will explain in more detail in a future post. Stay tuned, folks!

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About Patrick J. Fanelli, Esq.

Mr. Fanelli is a partner at the Law Offices of Andrews & Beard. He graduated from the Dickinson School of Law in 2000 and received a Master of Public Administration degree from the Penn State University Capital Campus in 2000 as well. Mr. Fanelli also is a 1997 graduate of the Pennsylvania State University. He is admitted to practice in the Supreme Court of Pennsylvania, the United States District Court for the Western District of Pennsylvania, and the United States Third Circuit Court of Appeals and he is a member of the Blair County Bar Association. Mr. Fanelli teaches Employment Law at Penn State and Labor Law at Saint Francis University (Pa). Mr. Fanelli concentrates his practice in the area of municipal law, labor and employment law, education law, and corporation law. View all posts by Patrick J. Fanelli, Esq.

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