The House on Regulation: NLRB, the Regulatory “Sorcerer”

Thu, 2011-09-08 08:54 | Regulation | Sam Batkins
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Majority Leader Eric Cantor made clear in a memo to House Republicans that regulations will take center stage in the debate over job-creation, and destruction. 

Representative Cantor detailed a list of “10 Job-Destroying Regulations” on the agenda for the remainder of 2011.  Unsurprisingly, the National Labor Relations Board (NLRB) will be on tap for the week of September 12. 

Next week’s agenda will highlight NLRB’s decision to intervene in a labor dispute between Boeing and its union employees in Washington State.  Recent reports also indicate the final union notification rule could be addressed next week. 

Here are a few highlights of notable, and controversial, NLRB rulemakings:

  • Union Notification Rule: The rule would require employers to “post notices informing their employees” of union organizational rights.
    • Cost: $386.4 million; this figure was conveniently buried in footnote 212 of the rule.
    • Compliance Burden:  up to 12 million hours for employers subject to federal labor law.
    • “Agencies may play the sorcerer’s apprentice but not the sorcerer.”  This quote is courtesy of dissenting NLRB Commissioner Brian E. Hayes, quoting the U.S. Supreme Court.
      • On the future of the rule, he concluded, “I am confident that a reviewing court will soon rescue the Board from itself and restore the law to where it was before the sorcerer’s apprentice sent it askew.”
  • According to NLRB, they received more than 6,500 comments.
  • “Representation-Case Procedures” proposed rulewould expedite union elections. 
    • There is no initial cost estimate or Paperwork Reduction Act analysis but according to the dissent:
    • “What is certain is that the proposed rules will (1) substantially shorten the time between filing of the petition and the election date, and (2) substantially limit the opportunity for full evidentiary hearing or Board review on contested issues involving, among other things, appropriate unit, voter eligibility, and election misconduct.”

Next week, expect the Boeing decision, the union notification rule, and the proposed “snap election” proposal to take center stage on the House floor.