Turnover time at NLRB
With help from Daniel Lippman
THE FINAL COUNTDOWN: National Labor Relations Board member John Ring’s time on the panel is up in two weeks, and when his term expires it will end a nearly 15-month stretch with all five seats filled.
That’s actually pretty unusual of late, and it is the longest such run since the board was at full capacity for two years starting in mid-August 2013.
Ring has until Dec. 16 to cast his vote on cases before the board. But that doesn’t mean there necessarily will be a flurry of decisions in the coming days, as they can be released after a term ends, giving NLRB staff a bit more leeway to finish polishing things up.
On a practical level, Ring’s departure won’t significantly alter the board’s balance as he was part of the Republican minority.
Having three Democrats and just one GOP appointee means that the majority will still be able to issue decisions on major cases and initiate rulemaking, as opposed to when a term expiration leaves creates a deadlock between Democrats and Republicans.
In some instances having a minority of one can theoretically make things simpler, as the remaining board member doesn’t have to get in alignment with another when formulating dissents.
The board’s current chair, Lauren McFerran, spent the better part of two years as the only Democrat — save for a period in which her own term expired, leaving only Republicans — until Gwynne Wilcox’s arrival in August 2021.
McFerran will likely inherit Ring’s attorneys and supporting staff, based on how the board typically handles turnover that’s baked into the NLRB’s design. These aides can be farmed out to a board member, but those requests can be caught in the crossfire when the chair’s relationship with his or her ideological counterpart is acrimonious.
“If the board members are working well together, those kinds of needs when they arise can be dealt with,” former NLRB Chair Wilma Liebman told POLITICO.
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GEORGIA ON MY MIND: A Hyundai electric vehicle plant is at the center of a tug of war for credit for it and the jobs for Georgia it is expected to create.
It is arguably the most tangible achievement of Sen. Raphael Warnock’s short time in office, and one that could make the difference in his runoff against Republican Herschel Walker, The New York Times reports.
“Mr. Warnock got a shovel at the groundbreaking, but not a speaking slot. And though he could claim success, his political opponents are loath to give him any credit for the project, which they say was secured by state officials in spite of, not because of, Washington.”
STEM JOB SECURITY: The Office of Personnel Management finalized a rule Thursday allowing agencies to appoint certain temporary employees for up to 10 years, Government Executive reports.
“OPM said the change would give agencies more flexibility when tackling long-term science, technology, engineering and mathematics projects. Previous regulations required agencies to get special permission from OPM to keep any term employee on staff for longer than four years.”
The proposal was first put forward under the Trump administration.
COMINGS AND GOINGS: Malbert Smith has been promoted to be senior legislative assistant for the Department of Labor. He most recently was a legislative officer at DOL. Alison Burke is now chief of staff of DOL’s public affairs office. She was most recently the director of digital strategy in that office. — Daniel Lippman
More agency news: Tech Layoffs Create Rare Chance for Federal Recruiters to Snag Talent,” from Bloomberg.
STRONG JOBS REPORT PUTS FOCUS ON FED: Friday’s jobs numbers showed that employers added more than 260,000 jobs in November despite other indicators that point toward a slowing economy.
The unemployment rate held steady at 3.7 percent, and November’s numbers were only a touch lower than October’s 284,000, according to Labor Department data.
“The report painted a picture of a job market in which the supply of available workers is falling just when many companies are still desperate to hire to meet customer demand,” The Associated Press reports.
The resilient hiring could lead the Federal Reserve to keep raising interest rates in hopes of driving down inflation.
More workplace news: Why Are Middle-Aged Men Missing From the Labor Market?,” from The New York Times.
BIG CHANGES AT UAW: There will be major shakeups at the top of the United Auto Workers after reformer challengers noted victories in its leadership elections, according to unofficial results posted by its federal monitor.
Challengers won six of the 14 seats on UAW’s executive board, and could nab a majority if it wins two contests headed to a runoff. Additionally they knocked off Secretary-Treasurer Frank Stuglin and took two of the three vice president positions.
President Ray Curry had a plurality of the votes, but will also go to a runoff against Shawn Fain, who trailed by a little over 600 votes in the five-candidate field.
More union news: “Delta offers pilots hefty pay raises as unions flex bargaining power,” from Reuters.
WORKER MISCLASSIFICATION: Nearly 50,000 employers in Pennsylvania misclassify their workers, a state task force estimated.
It called for an expansion of a state law that currently applies to the construction industry, adoption of a uniform test to differentiate employees versus independent contractors, and stiffening penalties for employers that misclassify workers.
“Addressing the consequences of worker misclassification is important and, at the end of the day, this issue is about fairness: fairness to workers, fairness to law-abiding businesses, and fairness to working families,” Chair Basil Merenda said in a release Thursday.
More state news: “QA workers at Blizzard Albany win bid to unionize,” from the Times Union.
MARTY MAKES THE ECONOMIC CASE: Labor Secretary Marty Walsh on Friday pointed to the fossilization of America’s immigration system as a drag on the national economy, Yahoo News reports.
“‘When I talk to employers in this country, almost every single person I bring it up with all agree with immigration reform,’ Walsh said, adding that lawmakers in Washington ‘have to look at our immigration system, it's a threat to our economy.’”
— “After forcing rail deal, Biden works to smooth over labor relations,” from The Washington Post.
— “Rail workers say deal won’t resolve quality-of-life concerns,” from The Associated Press.
— “It’s All That Young Job Seekers Are Asking For: Stability,” from The New York Times.
— “Off-Topic Probing In Depositions Can Be Unfair Labor Practice,” from Law360.
— “The New York Times Newsroom Gets Ready to Walk Out,” from New York Magazine.
— “LA Port Chief Sees Labor Deal by February Luring Cargo From East,” from Bloomberg.
THAT’S ALL FOR WEEKLY SHIFT!
Source: https://www.politico.com/