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National Labor Relations Board: Difference between revisions
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The chairman's powers are limited. The chairman, like other board members, has a chief legal counsel and a legal staff.<ref name="FedReg">[http://www.nlrb.gov/nlrb/legal/manuals/rules/organization.pdf "National Labor Relations Board."] {{webarchive|url=https://web.archive.org/web/20100527203823/http://www.nlrb.gov/nlrb/legal/manuals/rules/organization.pdf|date=May 27, 2010}} 20 [[Federal Register|F.R.]] 2175. Accessed February 7, 2010.</ref> Except for certain limited and purely administrative functions (such as being the recipient of appeals or [[Freedom of Information Act (United States)|Freedom of Information Act]] requests),<ref>Gould, ''Labored Relations: Law, Politics, and the NLRB—A Memoir,'' 2001, p. 120.</ref> one former NLRB Chairman has said "the chairmanship—given the authority of the general counsel to appoint regional staff and recommend regional directors to the entire board (not just to the chairman)—is more like a bully pulpit than a position of authority."<ref>Gould, ''Labored Relations: Law, Politics, and the NLRB—A Memoir,'' 2001, p. 52.</ref> The chairman does, however, work with the [[Office of Management and Budget]] to craft the NLRB's budget proposal to Congress, may propose to the board changes to NLRB procedures and guidance manuals, and may propose that the board engage in [[rulemaking]].<ref name="Gould2">Gould IV, William B. ''Labored Relations: Law, Politics, and the NLRB—A Memoir.'' Cambridge, Mass.: MIT Press, 2001. {{ISBN|0-262-57155-2}}</ref> | The chairman's powers are limited. The chairman, like other board members, has a chief legal counsel and a legal staff.<ref name="FedReg">[http://www.nlrb.gov/nlrb/legal/manuals/rules/organization.pdf "National Labor Relations Board."] {{webarchive|url=https://web.archive.org/web/20100527203823/http://www.nlrb.gov/nlrb/legal/manuals/rules/organization.pdf|date=May 27, 2010}} 20 [[Federal Register|F.R.]] 2175. Accessed February 7, 2010.</ref> Except for certain limited and purely administrative functions (such as being the recipient of appeals or [[Freedom of Information Act (United States)|Freedom of Information Act]] requests),<ref>Gould, ''Labored Relations: Law, Politics, and the NLRB—A Memoir,'' 2001, p. 120.</ref> one former NLRB Chairman has said "the chairmanship—given the authority of the general counsel to appoint regional staff and recommend regional directors to the entire board (not just to the chairman)—is more like a bully pulpit than a position of authority."<ref>Gould, ''Labored Relations: Law, Politics, and the NLRB—A Memoir,'' 2001, p. 52.</ref> The chairman does, however, work with the [[Office of Management and Budget]] to craft the NLRB's budget proposal to Congress, may propose to the board changes to NLRB procedures and guidance manuals, and may propose that the board engage in [[rulemaking]].<ref name="Gould2">Gould IV, William B. ''Labored Relations: Law, Politics, and the NLRB—A Memoir.'' Cambridge, Mass.: MIT Press, 2001. {{ISBN|0-262-57155-2}}</ref> | ||
From 1935 to 1953, it was customary for the chairman (like all members of the NLRB) to be a neutral career government employee rather than an advocate of either [[Trade union|labor unions]] or management.<ref>[[James A. Gross|Gross, James A.]] ''The Making of the National Labor Relations Board: A Study in Economics, Politics, and the Law.'' Albany, N.Y.: SUNY Press, 1974. {{ISBN|0-87395-270-7}}; Bernstein, Irving. ''The Turbulent Years: A History of the American Worker 1933–41.'' Paperback ed. Boston: Houghton-Mifflin Co., 1970. {{ISBN|0-395-11778-X}} (Originally published 1969.)</ref> President [[Dwight Eisenhower]]'s appointment of Guy Farmer in 1953 broke this two-decade-old tradition (Farmer was a management attorney).<ref name="Flynn">Flynn, Joan. "A Quiet Revolution at the Labor Board: The Transformation of the NLRB, 1935–2000." ''Ohio State Law Journal.'' 61:1361 (2000).</ref><ref>Five of President Eisenhower's appointees to the Board during his administration were neutral career bureaucrats, while two were management-side attorneys. Eisenhower also broke the tradition of appointing neutral parties to the position of General Counsel of the NLRB, appointing three management-side attorneys and one career government attorney to the position. See: Gross, James A. ''Broken Promise: The Subversion of U.S. Labor Relations Policy, 1947–1994.'' Philadelphia, Pa.: Temple University Press, 2003. {{ISBN|1-59213-225-1}}; Flynn, "A Quiet Revolution at the Labor Board: The Transformation of the NLRB, 1935–2000," ''Ohio State Law Journal,'' 2000.</ref> Presidents [[John F. Kennedy]] and | From 1935 to 1953, it was customary for the chairman (like all members of the NLRB) to be a neutral career government employee rather than an advocate of either [[Trade union|labor unions]] or management.<ref>[[James A. Gross|Gross, James A.]] ''The Making of the National Labor Relations Board: A Study in Economics, Politics, and the Law.'' Albany, N.Y.: SUNY Press, 1974. {{ISBN|0-87395-270-7}}; Bernstein, Irving. ''The Turbulent Years: A History of the American Worker 1933–41.'' Paperback ed. Boston: Houghton-Mifflin Co., 1970. {{ISBN|0-395-11778-X}} (Originally published 1969.)</ref> President [[Dwight Eisenhower]]'s appointment of Guy Farmer in 1953 broke this two-decade-old tradition (Farmer was a management attorney).<ref name="Flynn">Flynn, Joan. "A Quiet Revolution at the Labor Board: The Transformation of the NLRB, 1935–2000." ''Ohio State Law Journal.'' 61:1361 (2000).</ref><ref>Five of President Eisenhower's appointees to the Board during his administration were neutral career bureaucrats, while two were management-side attorneys. Eisenhower also broke the tradition of appointing neutral parties to the position of General Counsel of the NLRB, appointing three management-side attorneys and one career government attorney to the position. See: Gross, James A. ''Broken Promise: The Subversion of U.S. Labor Relations Policy, 1947–1994.'' Philadelphia, Pa.: Temple University Press, 2003. {{ISBN|1-59213-225-1}}; Flynn, "A Quiet Revolution at the Labor Board: The Transformation of the NLRB, 1935–2000," ''Ohio State Law Journal,'' 2000.</ref> Presidents [[John F. Kennedy]] and Lyndon B. Johnson both returned to the tradition of appointing neutral third parties to the position of board chairman, but President [[Richard M. Nixon]] appointed a management-side attorney.<ref name="Flynn" /> The board as a whole was under intense Congressional scrutiny from its inception until the 1960s.<ref name="Bodah">Bodah, Matthew M. "Congress and the National Labor Relations Board: A Review of the Recent Past." ''[[Journal of Labor Research]].'' 22:4 (December 2001).</ref> This ended in the 1960s and 1970s, but resumed in the 1980s.<ref name="Bodah" /> Subsequent appointments to the position of chairman have been heavily partisan and from either a strongly pro-union or pro-management position.<ref name="Gould2"/> | ||
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