Labor

An NLRB prescription for trouble

President Obama’s nominations to the National Labor Relations Board (NLRB) have proven a prescription for trouble, and Lauren McFerran is no exception. Sen. Tom Harkin (D-Iowa) promptly whisked McFerran to her examination — Thursday’s confirmation hearing — after her nomination last week.

Filibuster: Heart of the Senate

The filibuster can be considered the heart of the U.S. Senate, and Democrats punctured one of the ventricles when they ended the filibuster for nominations, although the filibuster for legislation still functions. The patient is not well, and NLRB nominations are the cause.

Blocked passage

Originally, the issue was Republican stones blocking passage of Obama’s NLRB nominees through the U.S. Senate kidney. Democrats prescribed nuclear medicine — the nuclear option to remove the 60-vote threshold of a filibuster.

{mosads}Eschewing shrinkage of their stones to 50-vote size and concerned about their health, Republicans preferred a minimally invasive procedure to allow passage of nominees. Republicans agreed to swallow two NLRB nominees now and another later.

In return, Democrats would surgically remove the unconstitutionally appointed duo of Sharon Block and Richard Griffin from renomination to the NLRB spots they held.

Getting the treatment

Republicans breathed a sigh of relief after Block and Griffin were finally removed from the system, and they dozed off under the anesthetic of Senate Majority Leader Harry Reid’s (D-Nev.) voice. But Democrats were not finished giving Republicans the treatment.

Upon awakening, Republicans were wheezing and shocked to see a double-cross scar where Democrats had indeed administered bad medicine — the nuclear option.

Reintroduction

Furthermore, Republicans detected certain soreness, only to discover that Obama had reintroduced Sharon Block and Richard Griffin into the NLRB system, in technically different, but virtually the same vital spots.

Virulent thinking

To make matters worse, the material the NLRB has been producing has become even worse. Richard Griffin’s thinking, after his confirmation as NLRB general counsel “despite Republican concerns about his union background and his time as a recess appointee to the board,” is causing a lot of pain:

These examples are only some of the symptoms of the NLRB advancing Big Labor’s problematic agenda.

New nominee: Lifeblood of problematic agenda

Last week’s withdrawal of Sharon Block’s nomination came as a shock, since she had already been bipartisanly voted out of committee and since there was no opportunity for Republicans to filibuster her.

Democrats are apparently calculating that Lauren McFerran, the new NLRB nominee, will take less of the precious Senate floor time during the lame-duck session.

Either way, the new NLRB nominee represents the lifeblood — the essential deciding vote — for President Obama’s pen-and-phone strategy to advance Big Labor’s problematic agenda.

Don’t rush; NLRB healthier without nominee

Republicans would be wise to conduct a thorough examination and not rush the process. The NLRB has been without five members for 90 percent of the time over the past 10-plus years. The NLRB system would function just fine — really, in a much healthier fashion — without this nominee in place and with a balance of NLRB members.

Hogan is a senior fellow at the Competitive Enterprise Institute.