Union Challenges Labor Relations Board

The National Labor Relations Board has problems with its labor relations.

In a case of "do as I say not as I do," the NLRB is refusing to obey a ruling by a sister agency that settles disputes between the federal government and unions representing federal employees.

The NLRB does the same thing, resolving labor and management disagreements, but for the private sector. Now, however, it is the NLRB that is facing an unfair labor practice charge.

It stems from NLRB's refusal to negotiate with a bargaining unit that combines employees from the two sides of the agency -- one side reports to the general counsel, the other to the board. That refusal disobeys a ruling by the Federal Labor Relations Authority.

"The NLRB still refuses to bargain with the NLRBU on the consolidated bargaining units," complained Eric Brooks, president of the National Labor Relations Board Union. "The labor law is not respected among the NLRB."

The union has picketed NLRB General Counsel Ronald Meisburg and called on him to resign if he won't obey the law.

It has been 19 months since the union won its case requiring the NLRB to negotiate with the consolidated unit. Meisburg, who declined to be interviewed, strongly disagrees with the authority's decision and wants to take the case to court. But because the authority's initial decision is not subject to direct judicial review, he's trying to get through the back door what he can't get through the front door.

A statement issued by Meisburg's office says "the only mechanism available to the general counsel to obtain judicial review of the FLRA's unit consolidation decision is to refuse to bargain with the NLRBU in the certified unit, as he has done, thereby drawing an unfair labor practice charge."

The union lodged that charge and the case went to an administrative law judge at the authority, who also ruled against the NLRB. The judge's decision is being appealed to the three-member (one seat is vacant) authority. That decision then could be appealed to the courts.

It's a legal fight that could last a long time.

For Meisburg, the dispute revolves around the fundamental issue of separation of powers within his agency and the independence of his office.

Under the legislation creating the NLRB, "the general counsel serves as an independent prosecutor of labor cases before the board, which serves as a 'court' to hear those cases," says the statement provided by the NLRB in lieu of an interview with Meisburg or his deputy.