That is correct. The United States Supreme Court has held that the NLRB can make no decisions on any cases if there is not a minimum of three Board members.
Obama made the mistake of fighting the Republicans on appointments to the Board and insisted upon “stacking” the NLRB with extremely pro-union appointees such as Craig Becker. I am sure he did this at the request of people like Andy Stern of the SEIU.
However, that strategy is about to backfire on the Unions.
There is no way Obama is going to get any further appointments to the NLRB.
Further, and most important, the one Republican appointment holds in his hands the ability to stop the NLRB in its tracks. He can prevent the Boeing case from being decided by an Obama NLRB. He can stop the new rules for “quickie elections” from ever being implemented. He can stop NLRB injunction cases being filed against companies. Yes, this ONE person can stop all this.
How you might ask – by resigning his seat on the NLRB.
That one action brings the NLRB down to just two members. And as we know from the U.S. Supreme Court, two members have no authority to act.
Therefore, tomorrow, this agency can be brought to its knees with the stroke of a pen from one person.
Brian Hayes is the one Republican appointee who has it within his power to shut down the NLRB until next November’s election.
Obtaining an appointment to the NLRB is not easy to do and it will be extremely difficult for Mr. Hayes to walk away from a position he has arguably worked his whole life to obtain.
Lets us all hope that Mr. Hayes is willing to sacrifice his appointment in the hope that his actions will get him reappointed during a time period when the NLRB no longer has such an obvious pro-union tilt.