NLRB decisions cause conflicting US court opinions

[Omaha Steve]

http://www.google.com/hostednews/ap/article/ALeqM5j71YZuO7NyiAbKgUVgo_91hz8dVAD97TLHP80

By NEDRA PICKLER

WASHINGTON (AP) — Decisions made during the past year by the leading federal agency that referees labor-management disputes fell under a legal cloud Friday with conflicting federal appeals court rulings.

In rulings rendered virtually simultaneously, the U.S. Court of Appeals in Washington held that a decision handed down last year by the National Labor Relations Board is invalid because it was made by just two members while a federal appellate court Chicago took the opposite position. It held within the same hour that a vote by the two members was appropriate and binding.

The NLRB has a relatively innocuous name. But in truth, the agency has historically gotten caught in the middle of the inevitable tug of war that accompanies change in the Washington power curve; Republican administrations typically favor appointing people with a pro-business bent and Democrats have been inclined to name pro-labor individuals.

When at full strength, the NLRB has five members. But it has operated with only two members and three vacancies for more than a year because Democrats who retook control of Congress in 2006 objected to President George W. Bush's labor policies and refused to confirm his nominees.

With the appeals court decisions at odds, the Supreme Court is more likely weigh in on appeal. The result could potentially have a wide impact, since the two members have decided hundreds of cases.

NLRB Chair Wilma Liebman, a Democrat, said she and fellow board member Peter Schaumber, a Republican, have worked to keep the board running even as it was short-staffed. She said they have issued about 400 decisions in the last 16 months.

FULL story at link.