Tuesday, April 24, 2012
Senate Fails To Block NLRB Election Rules
The Senate yesterday voted 54-45 to reject a bill that would have blocked the NLRB's new elections rules. This is obviously just one of many labor-related skirmishes that we've already seen and will see plenty more of as the election cycle heats up. The NLRB will certainly be at the center of some, but with the Wisconsin Gov. Walker recall election coming up, state public labor relations may be making an encore soon.
In the meantime, the election rules will go into effect on April 30, so look out for the first elections under the new system.
Hat Tip: Patrick Kavanagh & Mike Lightner
-JH
https://lawprofessors.typepad.com/laborprof_blog/2012/04/senate-fails-to-block-nlrb-election-rules.html
Unless I'm missing something I don't believe the Senate could have unilaterally blocked the rules. Senator Enzi's bill invoked the first step of the Congressional Review Act of 1996's expedited regulatory review procedures. As far as I know there has not been a successful CRA legislative override since the overruling of OSHA's ergonomics rule in 2001. To my knowledge no joint resolution has even made it to a president's desk since then. Here, if Enzi's resolution had passed, it is possible, even likely, the House would have followed suit, but there was the small end stage matter of presentment remaining.
Posted by: Michael Duff | Apr 26, 2012 7:47:00 AM