Wednesday, February 25, 2009
There's less to this one than meets the eye. As we've been following for a while, the NLRB has been challenging the FLRA's March 2007 decision to allow a merged unit of the NLRBU union that includes Board- and General Counsel-side employees (there's a related case with the much smaller NLRBPA union). The NLRB's General Counsel decided to continue challenging that decision by refusing to bargain (the equivalent of a technical 8(a)(5) under the NLRA) with the union, thereby prompting an unfair labor practice charge. The FLRA, as expected, has found that the NLRB's refusal to bargain was a ULP--based entirely on its rationale in its 2007 decision.
This recent decision (and the GC's refusal to bargain) was simply a means to achieve court review of the 2007 decision, which General Counsel says that he will now seek. However, the smart money says that no court will ever decide this case, as there's a good chance that a new Obama GC will decide to drop this case before the appellate court gets a chance to decide the case. (Although, I've been reminded that Meisburg's term goes until August 2010, which makes things less clear; however, given the D.C. Circuit's delays, my guess may be right anyway.)
Hat Tip: Dennis Walsh