Changing N. L. R. B. Policies: 1953-1954

Abstract

Perhaps the most outstanding feature of the operation of the National Labor Relations Board during the past year has been its reversal and modification of previous Board policies. Basic to this development, of course, is the fact that President Eisenhower since July, 1953 has appointed three new members to the five-man agency.' When the present chairman of the Board, Guy Farmer, received his appointment in July, 1953, he declared that landmark decisions of the Board ought to be fully reexamined by the Board whenever cases with the same problems come up.2 In the past several months the new Board3 not only has reviewed past policies established by previous N. L. R. B. action, but it has also established many new doctrines which have upset a number of long-standing Board precedents. The fact that policies change with changing personnel is nothing new with quasi-judicial government agencies. It is commonplace to point out that legislation dealing with broad social and economic problems can be interpreted and applied in many ways. In legislation such as the Wagner Act and the Taft Hartley law Congress lays down broad legal principles and places the responsibility on administrative agencies and the courts to interpret and apply these comprehensive statements of public policy. Accordingly, it is to be expected that changing personnel in an administrative agency will result in new interpretations and application of such legislation. Even before the new N. L. R. B. members were appointed, the Board had altered policies concurrent with changing personnel. An outstanding example in this connection was the change in Board policy on foreman bargaining rights during World War II.J N. L. R. B. policy on this problem changed three times within a short period of time, the key to its vacillation on the issue being the appointment of new personnel. Accordingly, the new Board has not blazed a new trail in administrative law by altering previous doctrines. What is significant, however, is the rapidity and the scope with which the Board has moved in this