With the Employee Free Choice Act (a.k.a., card check) on the back-burner, pro-labor forces are hard at work promoting regulatory changes to labor law on the National Labor Relations Board (NLRB).

NLRB General Counsel, and President George W. Bush nominee, Ronald Meisburg has announced his resignation from the NLRB effective June 20. Meisburg previously served as a member of the Board before his confirmation as General Counsel in 2006.

The General Counsel, appointed by the President to a four-year term with Senate consent, is independent from the NLRB Board and is responsible for the investigation and prosecution of unfair labor practice cases, and for the general supervision of the NLRB field offices in the processing of cases.

The NLRB is important because it is charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. The NLRB is an independent federal agency created by Congress in 1935 to administer the National Labor Relations Act, the primary law governing relations between unions and employers in the private sector.

The NLRB has a five-member Board; however, there has been some controversy in recent years on the ability of the Board to adjudicate cases without a full quorum. Until President Barack Obama made recess appointments for former SEIU lawyer Craig Becker and former union side labor and employment lawyer David Pearce, the Board operated with only two Board members.

Unfortunately, former Director of Labor Policy for Senate Health, Education, Labor and Pensions Committee Ranking Member Mike Enzi (R-Wyo.), Brian Hayes' nomination has been left hanging in the balance, absent administration or Senate action.

Peter Schaumber’s  term – the only Republican nominated Board member currently serving on the Board – is set to expire this August. Many are fearful that Meisburg resignation and the subsequent replacement nominee by the Obama administration coupled with Schaumber’s resignation and the Senate’s failure to confirm Hayes could potentially further tilt the Board out-of-balance.

A recent solicitation by the NLRB for “industry solutions regarding the capacity, availability, methodology, and interest of industry sources for procuring and implementing secure electronic voting services for both remote and on-site elections” raises some red flags. In other words, regulatory initiatives that move away from traditional secret ballot elections confirm fears that the Board will use regulatory means to pursue card check-like changes to labor law.

NSBA will continue to monitor the Board’s activity to ensure that small businesses are kept apprised of any potential labor law changes which could pose a threat to their business. Meanwhile, check in with NSBA’s EFCA Web site for any news or additional information.