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WASHINGTON, D.C. – In a letter to National Labor Relations Board Chairman Robert J. Battista, Congresswoman Lois Capps (D-CA) and Congressman George Miller (D-CA), Chairman of the House Education and Labor Committee, urged the National Labor Relations Board (NLRB) to resolve pending cases in a timely manner. Congresswoman Capps and Chairman Miller also expressed concern regarding a recent Inspector General report that found “substantial” delays by the NLRB in issuing decisions on labor dispute cases. While Congresswoman Capps and Chairman Miller did not take a position on the merits of any pending cases before the NLRB, they did highlight the NLRB’s consideration of certification of a union election that took place at the Santa Barbara News-Press in Santa Barbara, California as an example of the NLRB’s lengthy deliberation process.
“I was very troubled by the findings of a recent report from the Inspector General that revealed substantial delays in the consideration of labor dispute cases pending before the National Labor Relations Board,” said Capps. “While Chairman Miller and I do not have a position on the merits of any specific case pending before the National Labor Relations Board, the Inspector General’s findings that the impact of this delay is disproportionately felt by employees is disconcerting. It is my hope that the National Labor Relations Board will consider cases brought before them in both a fair and timely manner so that all interested parties can enjoy the remedies and protections provided by the National Labor Relations Act.”
“In order to truly protect the rights of American workers, the National Labor Relations Board must consider cases and rule on them in a timely fashion,” said Education and Labor Chairman George Miller. “Delays at the National Labor Relations Board can deny workers the opportunity to bargain for better wages, benefits, and working conditions.”
In addition to urging more timely consideration of pending cases, Congresswoman Capps and Chairman Miller requested a status update on the Santa Barbara News-Press case and all other election certification cases currently pending before the NLRB.
A copy of the Capps-Miller letter to National Labor Relations Board Chairman Robert J. Battista follows:
July 23, 2007
Chairman Robert J. Battista
National Labor Relations Board
1099 14th St., NW
Washington, DC 20570-0001
Dear Chairman Battista:
We recently received a copy of a July 18, 2007, Inspector General report analyzing the timeliness of case handling at the National Labor Relations Board (Inspection Report No. OIG-INS-49-07-01). According to the report, “the statistics show substantial delay in the Board issuing decisions and, in turn, substantial delay in providing remedies under the NLRA, the impact of which is disparately felt by employees.”
While the report covered “C” cases only, such delay in case handling can be especially problematic for effectuating the purposes of the National Labor Relations Act in “R” cases as well, where objections are filed concerning an election, holding up final disposition of the election and potential certification of a union chosen by the majority of employees.
For example, the Board currently has under consideration the certification of a union election that took place at the Santa Barbara News-Press in Santa Barbara, California. Ten months ago, on September 27, 2006, the employees at the Santa Barbara News-Press voted 33-6 to join the Graphic Communications Conference. Nearly six months later, on March 8, 2007, an NLRB administrative law judge overruled the objections of the News-Press to the election and certified it. This decision was appealed, and the NLRB has yet to act on the matter.
Almost a year has passed since the News-Press election. The NLRB should move in a timely manner to resolve the News-Press case and all other election certification cases. Delay in such cases undermines the Act, with a disparate impact on employees particularly in cases where it is found that the election complied with the law and the employees chose union representation. In such cases, the employees are denied the collective bargaining to which they are entitled while the employer may continue to set terms and conditions of employment unilaterally.
By this letter, we do not take a position on the merits of the News-Press case or similar election certification cases before the Board. We do, however, urge their timely resolution by the Board. Please provide us with a status update on the disposition of the Santa Barbara News-Press case and all other election certification cases currently pending before the Board, including the time elapsed since the election.
Thank you for your attention.
Sincerely,
GEORGE MILLER LOIS CAPPS
Chairman Member of Congress
Committee on Education and Labor
CC: Ampersand Publishing LLC, Santa Barbara News-Press
Graphics Communications Conference
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Pictured above: (center) Congresswoman Capps meets with Central Coast firefighters to discuss emergency preparedness.
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