Heerlen           In the last couple of weeks, even as winter is coming, the National Labor Relations Board (NLRB) has continued to strike new ground with one decision after another to advance workers’ rights to organize on the job.

Recently one decision declared that it would be an unfair labor practice if a company’s management in a campaign claimed that voting for the union would interrupt the relationship between workers and supervisors to the degree that they would be unable to communicate successfully, if a union were certified.  Literally, every union avoidance campaign has featured this allegation that managers would not be able to deal directly with workers.  Of course, that’s never been true.  Union certification simply means that when it comes to wages, hours, or terms and conditions of employment, then an employer could not unilaterally dictate the terms without meeting with the union.

Another announced decision for as long as it lasts eliminates one of the more effective anti-union election tools used by companies in a certification battle.  The NLRB has declared captive audience meetings a violation of the Act and an unfair labor practice.  Having not read the full decision, this ruling by the Board may just underline that employer meetings must be voluntary and cannot be mandatory.  Even if that is the case, it would be sufficient to force bosses to holster this weapon, which like one-on-one meetings with the boss are very intimidating to workers and have swung many elections against unions.

By the way, an NLRB administrative law judge also ruled that Amazon workers in Bessemer, Alabama seeking representation by RWDSU/UFCW will be afforded a third election.  Who gets three bites at the apple?  Nobody and certainly rarely any union!  Can they win?  Who knows?  Given the years that have intervened since the second election and the usual and customary huge turnover of the workforce in Amazon fulfillment centers and warehouses, it would be a whole new organizing drive.  Given the ongoing problems of workers getting a contract in Long Island where they won the election and have endured the company challenges, that would hardly augur well, for some workers deciding whether to take a chance on the union.

All of this is a vivid reminder of what we will miss as the new administration takes over.  This has been the best NLRB ever, even if underfunded and lightly staffed, with unbelievable delays in making even simple, straightforward decisions.  The General Counsel who has driven this promise ever since her appointment has a time-dated stamp on her forehead these days.  With the hardcore anti-union Elon Musk acting now as Trump’s consiglieri, given his oft declared view that the NLRB has no legal jurisdiction over workplaces, which is a ridiculous position on its face, we can imagine how dire the future is for workers and unions under the coming NLRB.

The current NLRB at least tried to give the law real meaning and some bite to go with its bark.  We didn’t make the most of it, and we’ll certainly miss it when it’s gone.