Shooting for a Cool Two Dozen: President’s NLRB Appointments Threaten FAA Reauthorization Bill

Last week, President Obama revved up his re-election mode by making three “recess” appointments to the always controversial National Labor Relations Board (NLRB).  The appointments were made just prior to the U.S. Senate starting its holiday recess.  Recess appointments are permitted to be made by the President, but must be approved by the Senate by the end of the next session of Congress.  Otherwise, the three NLRB positions become vacant again.    

According to The Washington Post, “Under statutory mandate, the NLRB has the responsibility to protect the right of American workers to form, join, or assist unions, to bargain collectively with their employers, and to refrain from such activity if they so choose.”

This is where the Federal Aviation Administration (FAA) reauthorization bill comes into play.  Contained within the U.S. House of Representatives’ bill is a provision that would alter National Mediation Board (NMB) rules so that non-voting workers would be considered “no” votes in elections to form unions.  Republicans want the change to make it less easy to unionize and Democrats are opposed to the provision because they want it to be easier for workers to unionize.  This provision has been the chief obstacle in a final agreement on the FAA reauthorization bill. 

While the NMB and NLRB are two independent federal agencies, the issues that both handle are similar, namely labor negotiations.  And when it comes to presidential election years, all things labor-oriented rise to the top of the political spectrum.  President Obama needs labor support for re-election, and Republicans use labor issues as the bulls-eye on their political dart board.  That dartboard at the moment includes the FAA reauthorization bill with this labor provision. 

So, as we embark upon the latest January 31st deadline and the strong potential for a 23rd extension, I wonder if a cool two dozen is on the horizon.  If I were a betting man, I would double down and say absolutely, especially during a presidential election year.  Historically Congress and the White House simply do not get along, as both are trying to demonstrate to the American public that one is more effective than the other.  And, as evidenced by the contentious deliberations involving extending the payroll tax cut that was set to expire at the end of 2011, I think we are in for more of the same political wrangling and ineptitude.

Happy New Year to all…

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