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House panel holds hearing on future of NLRB

February 13, 2013

The House Committee on Labor and the Workforce today held a subcommittee hearing on the future of the National Labor Relations Board. The U.S. Court of Appeals for the D.C. Circuit last month invalidated three "recess" appointments to the board, potentially leaving NLRB decisions since the appointments last January open to future challenge. Among other concerns, Committee Chairman Phil Roe (R-TN) said recent decisions by the board have made it "increasingly difficult for employers to investigate possible misconduct and employee complaints," citing Banner Health and Piedmont Gardens, cases in which the board "restricted the ability to keep internal investigations confidential while allowing unions to obtain sensitive statements provided by witnesses." Testifying at today's hearing were Lawrence Lorber, a partner in the Proskauer law firm in Washington, D.C.; Raymond LaJeunesse Jr., vice president and legal director of the National Right to Work Legal Defense Foundation in Springfield, VA; Elizabeth Reynolds, a member of the Allison, Slutsky & Kennedy law firm in Chicago; and Roger King, a partner with the Jones Day law firm in Columbus, OH.