For the past 75 years, the National Labor Relations Board (NLRB)
has been responsible for conducting union representation elections
and investigating unfair labor practice charges. Because the agency
is comprised of members who are appointed by the standing
President, it has been vulnerable to the occasional pendulum shifts
that flow from the political process. That being said, the agency
has traditionally steered clear of major controversies by confining
itself to the application of long-standing principles that have
typically stood the test of time.
Barring an act of Congress, the agency has been reluctant to
impose its own doctrine on the procedures governing union
representation elections. Consequently, when Congress failed to
pass the Employee Free Choice Act (which aimed at substituting
"card check" procedures for secret ballot elections) back
in 2009, the business community breathed a collective sigh of
relief.
