On January 15, 2010, NLRB Chairman Wilma Liebman presented at a continuing legal education seminar sponsored by Cornell University. According to a published report, she discussed a number of items, including the history of the Bush Board’s approach to interpreting the NLRA, the on-going dispute over the two-member NLRB, and pending labor law reforms.
Of particular note was Chairman Liebman’s comments about labor law reform. She noted that, for fundamental change to come to the NLRB, Congressional action was necessary. She went on to say that EFCA, which is the bill everyone is talking about these days, was not the kind of fundamental reform she is talking about. Rather, she identified a number of topics that need to be addressed, including the exclusion of large numbers of people from the coverage of the NLRA, the task of organizing new workers into unions in a volatile economic climate of constantly changing business ownership, obstacles presented by the distinction between mandatory and permissive subjects of bargaining, and the role of domestic and international labor standards in a global economy.
Chairman Liebman’s comments highlight that, while EFCA is certainly a potentially major change in labor law, it does not represent the only legislative action that is possible. Her comments serve as a counterweight to those who maintain that congressional action isn’t necessary to achieve the change in the NLRB that some believe is necessary.
Finally, the comments are a reminder that, particularly when President Obama’s nominees to the NLRB are confirmed, the Board could very well take a significantly more activist approach to the NLRA than did the Bush Board. Use this time to prepare.