President Obama announced he will nominate (PDF) Terence F. Flynn to be a member of the National Labor Relations Board.
Flynn, now is chief counsel to NLRB member Brian Hayes, the sole Republican on the board. Previously, Flynn was chief counsel to former NLRB member Peter Schaumber and before that was in the labor and employment group at Crowell & Moring.
Bill Adams, a a labor-relations consultant with Adams, Nash, Haskell and Sheridan in Erlanger, Ky., says the appointment, should it be confirmed, will have no impact on the board or its decisions.
“Now, you will get 3-2 decisions instead of 3-1 decisions,” he says, warning that the NLRB “will reverse every decision that has been made during the eight years of the Bush administration — and then some.”
James Redeker, named by HRE as one of the top employment attorneys in the nation, recently wrote about some past and pending decisions by the NLRB for HREOnlineTM: “EFCA By the Back Door,” noting that, while the Employee Free Choice Act appears totally dead, employers should not rest easy — with the NLRB being controlled by pro-union members.
The board will be making it easier and easier for unions, Redeker writes.
Unions should take what they can — while they can, Adams says. He believes the next two years under the Obama administration could be the beginning of the end of union power.
“I think they are desperate,” he says. “Unions are so weak right now, financially and otherwise, because of their bad decisions.”
The growing outcry against the cost of public-union pensions only adds to that desperation.
Employers shouldn’t rest easy, though, Adams says. “It doesn’t mean there won’t be organizing because those are always local issues,” such as workers who “hate their employer” due to unfair treatment or poor working conditions.