Decline and Disenchantment: Reflections on the Aging of the National Labor Relations Board

Abstract

=920458). 133. See supra note 74 and accompanying text. 134. See, e.g., Barbara Rose, Board Decision Could Bar More From Unions, CHI. TRIB., Oct. 4, 2006, at B9; Jane M. Von Bergen, Testing Unions' Clout; Pivotal cases: For Some Employees, Their Union Status Hinges on an NLRB Decision that Will Define the Word 'Supervisor, PHILADELPHIA INQUIRER, Aug. 10, 2006, at Cl; Steven Greenhouse, Labor Board Decision Broadens Definition of Supervisors, N.Y. TIMES, Oct. 4, 2006, at A16. 135. Oakwood and its companion decisions were released on October 3, 2006. Oakwood Healthcare, Inc., 348 N.L.R.B. No. 37 (2006); Croft Metals, Inc., 348 N.L.R.B. No. 38 (2006); Golden Crest Healthcare Ctr., 348 N.L.R.B. No. 39 (2006). See NLRB Press Release R-2603, NLRB Issues Lead Case Addressing Supervisory Status in Response to Supreme Court's Decision in Kentucky River (Oct. 3, 2006), available at www.nlrb.gov. DECLINE AND DISENCHANTMENT even included a segment on the issue. ' And there has been wide coverage 3 7 of the Employee Free Choice Act,' approved by the House of Representatives on March 1, 2007, but filibustered in the Senate.' With this publicity, Americans are being educated about the erosion of the right to organize and the danger posed to our society as a consequence, especially in the context of growing income inequality. Labor law policy has been marginalized for too long, and public dialogue on these issues has too long been absent. Public consideration of labor policy, in which the Board plays a positive role, is sorely needed if we are to protect the rights of workers to organize and bargain collectively in a competitive global economy. How do we achieve a proper balance between market freedom and democratic values? How do we preserve a middleclass society? Today, the story of faded trust in American labor law lies in the gap between early hopes and later results. Like dinosaur DNA, however, the promise of the Act is worth preserving. The stakes are too high to do otherwise. 136. The Colbert Report: Solidarity (Comedy Central television broadcast Jul. 18, 2006), available at http://www.comedycentral.com/shows/the-colbert-report/index.jhtml. 137. See, e.g., Increasingly Labor's Day in Congress, L.A. TIMES, Mar. 2, 2007; Steven Greenhouse, House Passes Top Priority of Unions, N.Y. TIMES, Mar. 2, 2007, at A14; Edward Epstein, House Passes Pro-Labor Bill to Help Workers Form Unions, S.F. CHRON., Mar. 2, 2007, at A4. 138. Employee Free Choice Act, H.R. 800, 110th Cong. (2007). 139. See Supporters of Card Check Fall Short of Votes Needed to Limit Senate Debate, DAILY LABOR REPORT (BNA), June 27, 2007, at AA-2. 2007 590 BERKELEY JOURNAL OF EMPLOYMENT & LABOR LAW Vol. 28:2