As if the D.C. Circuit’s decision rendering the National Labor Relations Board ineffective and the pending cases in several other circuits haven’t caused enough confusion, more has been added to the mix.
President Obama has nominated three nominees to the NLRB, but the Senate must confirm them. One is a current NLRB member and the two others are Republicans, as is required by law. If the Senate doesn’t move forward on their nominations, the NLRB may remain stalled.
On the other side of Congress, the House today approved a bill that would freeze the NLRB’s work until either the U.S. Supreme Court reverses the D.C. Circuit or the Senate approves enough nominees to create a quorum. The bill would also nullify all NLRB decisions during the time the Board acted without a quorum (as the D.C. Circuit ruled).