WASHINGTON, D.C. – U.S. Senator Marsha Blackburn (R-Tenn.), along with Senators Bill Cassidy (R-La.), Mike Braun (R-Ind.), and Tim Scott (R-S.C.), introduced the National Labor Relations Board (NLRB) Reform Act. This legislation would amend the National Labor Relations Act to return the NLRB to its intended purpose: an independent federal agency that acts as an impartial body in deciding cases related to the National Labor Relations Act. 

Under President Biden’s watch, the NLRB has enacted or proposed numerous regulatory changes that significantly favor labor unions over employers and their employees. These regulatory changes include undermining workers’ ability to decide privately if they want to join or certify a union; proposing an expansion of the “joint employer” rule that increases liability on employers for workplaces that they don’t control; and making it more difficult for employees to decertify a union.

“Over the last two years, the National Labor Relations Board has wrongfully become a political arm for the Biden administration’s labor union interests,” said Senator Blackburn. “The pattern of biased weaponization against job creators must stop. This legislation ensures that the NLRB will act as an impartial federal agency for all employers and employees, not just unions.”

“The National Labor Relations Board is required by law to provide an unbiased framework to review disputes between employees and employers. However, this is not what we are seeing under the Biden administration,” said Dr. Cassidy. “This bill will stop the NLRB from weaponizing its power to target employers on behalf of labor unions.”

“Under the Biden administration, the National Labor Relations Board has chosen to engage in partisan advocacy, rather than doing its job. I have continuously held the NLRB to account in the past two years for their failures to protect American workers and employers, so I am glad to support this bill to return the agency to its intended purpose,” said Senator Braun.
 

“For far too long, the NLRB has caved to the political whims of big labor unions at the expense of hardworking Americans and their families. This important legislation will bring fairness, balance, and bipartisanship to the NLRB, ensuring that workers are protected,” said Senator Tim Scott.

The National Labor Relations Board Reform Act is endorsed by the Littler Workplace Policy Institute, California Business and Industrial Alliance, Freedom Foundation, Job Creators Network, and the Direct Selling Association.

BACKGROUND:

• The NLRB is comprised of 5 board members that are appointed by the President to serve staggered 5-year terms and confirmed by the Senate.
• Additionally, the NLRB’s General Counsel is also appointed by the President, subject to Senate confirmation, for a 4-year term.
• The General Counsel is responsible for the investigation and prosecution of unfair labor practice cases.
• In recent years, the Board has become increasingly divisive and partisan, with labor policy shifting significantly with new presidential administrations.
• Additionally, the most recent general counsels under Democratic administrations have been pro-union activists with out-of-step views of federal labor law.

The National Labor Relations Board Reform Act would:

• End the partisanship at the NLRB by:
• Increasing the number of Board members from five to six and requiring an even split among Republicans and Democrats sitting on the Board;
• Imposing new term appointments for Board members that ensure one Republican seat and one Democrat seat each expire every two-years; and
• Requiring four Board members to approve all decisions, which ensures bipartisanship.

• Restrain the NLRB’s General Counsel by:
• Granting parties 30 days to seek review of the GC’s complaints in federal district court; and
• Providing for new discovery rights for involved parties, allowing access to memoranda and other documents relevant to the complaint within 10 days.

• Encourage quick resolution of cases before the Board by:
• Allowing parties to appeal to a federal Court of Appeals if the Board fails to reach a decision in the case within one year.

Full bill text is available here.