Backgrounder
National Labor Relations Board Reform Act
National Labor Relations Board Reform Act
S. 991, sponsored by Sen. Marsha Blackburn (R-TN)
In response to what they view as the weaponizing of the National Labor Relations Board, a group of Senate Republicans reintroduced legislation to reduce partisanship at board, limit its general counsel, and expedite case resolution. The National Labor Relations (NLRB) Reform Act was introduced by Sens. Marsha Blackburn (R-TN), Tim Scott (R-SC), Mike Braun (R-IN), HELP Committee Ranking Member Bill Cassidy (R-LA), and supported by Minority Leader Mitch McConnell (R-KY).
The NLRB Reform Act would add a sixth member to the board and designate three for Democrats and three for Republicans, with the terms of one from each side expiring every two years. Board decisions would be required to have the bipartisan support of at least four members. At present, the board has a five-member structure with three selected by Democrats to serve as the majority and three members are needed to approve board decisions.
The board’s general counsel is an influential post, currently filled by Jennifer Abruzzo. She has been criticized for pushing radical policy changes – from seeking to block employer meetings on unionization or allowing card check union elections, to ending the franchise business model and gerrymandering workplaces – for the benefit on unions rather than workers. The NLRB Reform Act would reign in the general counsel’s power by allowing parties to seek federal district court review of complaints issued by the general counsel.
Finally, parties involved in NLRB cases would have the right to appeal to the federal Court of Appeals if the NLRB is unable to reach a case decision within a year.
Sen. Blackburn said of the NLRB Reform Act, “Over the last two years, the National Labor Relations Board has wrongfully become a political arm for the Biden administration’s labor union interests. The pattern of biased weaponization against job creators must stop. This legislation ensures that the NLRB will act as an impartial federal agency for all employers and employees, not just unions.”
Bill Status: The NLRB Reform Act was introduced in the Senate on March 28, 2023, and referred to the Senate Committee on Health, Education, Labor, and Pensions. It was last introduced in the 114th Congress.