The National Labor Relations Board’s (NLRB) acting general counsel recently issued an opinion clarifying that states cannot substitute themselves as labor regulators, even when the NLRB lacks a quorum. Federal law, the memo stated, preempts state governments from taking over the board’s core responsibilities.
The Quorum Challenge
At times, the NLRB has faced operational slowdowns due to vacancies. In those moments, some state legislatures have considered stepping in to manage labor disputes and union oversight. However, the general counsel emphasized that the National Labor Relations Act (NLRA) gives exclusive authority to the federal agency.
Why Federal Oversight Matters
Allowing states to assume NLRB functions would create a patchwork of inconsistent labor laws across the country. National labor policy depends on uniformity, ensuring that workers and employers understand their rights and obligations regardless of where they operate.
Broader Implications
The memo underscores the fragility of the NLRB’s authority during times of political gridlock. With its ability to act limited by staffing shortages, questions about how labor disputes should be resolved remain urgent for unions, businesses, and policymakers.
For further details, please contact the lawyers at Tobia & Lovelace Esq., LLC at 201-638-0990.