Craig Becker and Mark Pearce have been in office for about a week after receiving their recess appointments during the Easter recess. We commented at the time about what this likely means – if you missed that post, be sure to read it here. Two weeks ago we released our well-received white paper Left of Boom which summarizes our advice – be vigilant, and take truly proactive steps to predict and avoid union activity (hint: training your supervisors to respond to union activity after it has begun is NOT proactive). 
NLRB Member Peter Schaumber, who for the recent past has been the only other member of the board with Chairman Wilma Liebman, lately reiterated that some reforms of the NLRB could mitigate the politicization of the board:
He said U.S. labor laws are in need of reform but suggested changes that are not now being discussed, “from the manner in which Board members are selected to the possible role of work councils to whether consideration should be given to abolishing the Board all together in favor of a Federal labor and employment court with judges appointed for life.”
Senator Arlen Specter expressed similar ideas in a 2007 Harvard Journal of Legislation essay:
Has the Board appropriately balanced a sparing use of rulemaking authority and heavy reliance on adjudication? Would the Board gain legitimacy if Board Members were more insulated from the political appointment process, perhaps through longer terms or a different appointment process? What other institutional reforms would both encourage and empower Members to act more like judges and less like political appointees?
It’s doubtful that these types of root-cause reforms will gain traction during this administration. Folks in Arkansas are not waiting around for the other shoe to drop. A new group has sprung up to fight against EFCA-type legislation:
The Coalition for Arkansas Jobs (CAJ) says its mission is “to protect jobs in Arkansas and stand up for the small businesses and workers in the state who grow the economy and create employment opportunities.” The group has the support of the Arkansas State Chamber of Commerce and the National Federation of Independent Business (NFIB).
CAJ appears to be a counter balance to union pressure in the political sphere. State director for the organization, Robert Coon, describes the group’s objective:
Our mission is to educate voters on where candidates stand on this issue. We will not advocate for the election or defeat of any candidate. This is strictly an issue focused, educational organization. We strongly believe that voters have the right to know where their candidates stand on EFCA, and feel that this information will be an important factor in determining whom voters choose to support.
Discussing the composition of the group, and CAJ’s policy to protect the identity of the members, Coon stated,
We have recruited and mobilized small business owners throughout the state to voice their opposition to this job-killing legislation. We do not disclose our individual members and there is a reason for that. As you are aware, national labor unions are spending $4 million in Arkansas to promote their agenda this election cycle. The last thing small businesses need is Big Labor’s multi-million dollar attack machine turned on them.
Kudos Arkansas!
