NLRB Termed “Dysfunctional Union Advocate”

The Committee staff report documents a pattern of behavior at the NLRB thatundermines its integrity and creates an impression that the NLRB has morphed into a rogueagency plagued by systemic problems. Its two major substantive rulemakings have beenoverturned by the courts, one for statutory overreach and the other for disregarding proceduralrequirements. These rules are also viewed by job creators as unnecessary and one-sided in favorof unionization. Some of the NLRB’s recent cases have also been heavily criticized as anexpansion of the National Labor Relations Act (NLRA) and a reinterpretation of decades-oldlabor law. Moreover, NLRB documents obtained by the Committee show a strong pro-unionbias among NLRB political appointees and agency bureaucrats during their pursuit of a caseagainst The Boeing Company (Boeing) for alleged unfair labor practices. NLRB staff alsoappeared to enjoy the thrill of gamesmanship in bringing a complaint against a major employer.This bias creates uncertainty in labor relations because job creators fear what actions the NLRBwill take next–whether it is a company finding itself subject to a complaint for making abusiness decision or having to adjust its operations because of new government red tape.