From the Editor

By Stephanides, David | Labor Law Journal, Winter 2013 | Go to article overview

From the Editor


Stephanides, David, Labor Law Journal


Dear Reader:

On October 29, the Senate confirmed the nomination of Richard F. Griffin,Jr., to be general counsel of the National Labor Relations Board. When he takes his post, the agency, remarkably, will find itself legitimately staffed by Senate-approved appointments for the first time in more than 10 years.

That this feat was accomplished at all was a marvel amid the current political climate. Senate Majority Leader Harry Reid threatened filibuster rule changes to unplug the stopped-up nomination process, while Republican Lindsey Graham vowed to block every Obama nominee until the President delivered to Congress the survivors of the 2012 Benghazi attack. Ultimately, Griffin was approved by a 55-44 party-line vote.

Many management attorneys contend that the NLRB has "gone rogue" in recent years, citing, for example, its controversial notice-posting rule (invalidated by the Fourth Circuit), its "ambush election" rules (currently held in abeyance), and its aggressive scrutiny of employer policies. Employers are girding themselves for more of the same.

For labor unions and employees, a fully functioning NLRB is a welcome development, as AFL-CIO President Richard Trumka noted after the confirmation vote. …

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