On the recordApril 24, 2012
Mr. President, I join the distinguished leader of the committee on Health, Education, Labor, and Pensions in opposing S.J. Res. 36 and supporting the National Labor Relations Board rule that would very simply modernize the process that workers use to decide whether they want to form a union. Right from the start, let's be very clear about what is at stake. It is a rule that the National Labor Relations Board has formulated pursuant to the Administrative Procedure Act set by the Congress of the United States after comment that was solicited from all of the relevant stakeholders and people who would be affected by it, and they are rules that are long overdue because of the inconsistency and delays that are endemic to the current process. As I travel around the State of Connecticut and I hear from people around the country, I consistently hear about problems that exist under the present process for choosing a union. This rule does not determine the outcome; rather, it simply modernizes and improves the process, and it does it by a rulemaking process that is consistent with and pursuant to the Administrative Procedure Act, which is the way the Congress has said it should be done. In fact, it adopts the rulemaking procedure rather than doing it by individual cases, which is the way the U.S. Supreme Court and the courts of appeal have said to the Board it should do more often.…





