WASHINGTON — The National Labor Relations Board, the agency charged with protecting a worker’s right to join a union, finds itself bitterly split and facing near-shutdown by the year’s end.
Fewer than 7 percent of private-sector workers are now represented by unions, but labor leaders had high hopes when President Barack Obama took office. They wanted a new rule to ensure speedier elections for workers who wished to join a union. Opponents said such a rule would lead to quick “ambush” elections and deprive employers of a fair chance to argue against unionizing.
Democrats face a ticking clock. The board has only three members, the minimum allowed under law. And one of them, Democrat Craig Becker, is serving under a recess appointment that is due to run out by the end of December.
If Becker departs and Republicans block new Obama appointees, the board will lack a quorum and be unable to adopt rules. The board’s lone Republican, Brian Hayes, also has threatened to resign.
The board met Wednesday and split 2 to 1 on how to proceed with the proposed rule. Aides said it was unclear whether the board can adopt a final rule before Becker is forced to leave.
