Should a Labor Court Replace the Adjudication Function of the NLRB?

The National Labor Relations Board (NLRB) has come under increasing criticism, with some accusing it of constantly reversing precedent, especially in cases involving labor policy issues. Professor Sam Estreicher of the NYU School of Law describes this supposed “policy oscillation” as having created unpredictability for employers, unions, and all stakeholders under the Act as to the state of the law under the NLRA. Many have also brought into question the independence of the NLRB, especially after the recent termination by the President of NLRB Member Gwynne Wilcox. The ensuing litigation regarding her termination will ultimately be decided by the Supreme Court.In hopes of remedying the alleged policy oscillation and partisan interference with the Board’s decision-making, Professor Estreicher, Professor David Sherwyn, and G. Roger King have proposed establishing an Article I labor court to replace the five-member National Labor Relations Board. This panel will discuss the current state of the National Labor Relations Board and the potential merits of replacing the Board with an Article I labor court.Featuring:Prof. Samuel Estreicher, Dwight D. Opperman Professor of Law; Director, Center for Labor, New York University School of LawRichard F. Griffin, Jr., Of Counsel, Bredhoff & Kaiser PLLC; Former General Counsel, National Labor Relations BoardProf. David Sherwyn, Professor of Law, Cornell University School of Hotel AdministrationGlenn Taubman, Staff Attorney, National Right To Work Legal Defense Foundation(Moderator) G. Roger King, Senior Labor and Employment Counsel, HR Policy Association