Ring Recusal Request (Beltway Buzz, April 20, 2018)

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what's happening in Washington, D.C. could impact your business.

Ring Recusal Request. On April 16, management attorney John Ring was sworn in as chair and fifth member of the National Labor Relations Board (NLRB). But before Ring even had an opportunity to learn where the coffee and bathrooms are located at 1015 Half Street, he was met with a motion to recuse himself from a pending case based on the fact that the firm where he previously worked had represented one of the parties involved. With a recusal "victory" under their belts as a result of the Hy-Brand Hijinks", look for labor unions and their allies to play the recusal card quite often in the coming months. The Buzz predicts that this will have the effect of slowing down the Board's policy agenda, which is the whole point, after all.

NLRB Receives Input on "Ambush" Election Regulations. Ring's arrival at the Board is timely, as the period in which to respond to the NLRB's Request for Information (RFI) regarding its 2014 changes to its election procedures closed on April 18. There is no clear direction from the Board as to what—if any—changes they will make to the rules. Just about the only thing we know for sure at this point is that this is the first step in what could be a lengthy process. After the Board reviews the comments submitted in response to the RFI, if it chooses to make changes to the 2014 regulations, it will first issue a notice of proposed rulemaking, followed by a comment period. Recall, too, that in both 2011 and 2014 the Board heard oral testimony from stakeholders as part of its proposal. Stay tuned for next steps.

The CRA Is Dead. Long Live the CRA! Just when you thought the Congressional Review Act (CRA) was out, Republicans pull it back in to play. Earlier this week, the Senate passed a resolution under the CRA that rescinds the Consumer Financial Protection Bureau's (CFPB) 2013 guidance relating to discrimination in auto lending. This maneuver is a bit afield of the labor and employment policy arena, but the Buzz thinks this is worth watching because it has regulatory implications going forward. Because this was guidance and not a full-blown regulation, CFPB Director Mick Mulvaneycertainly no shrinking violetlikely could have just rescinded it and tossed it in the wastebasket (much like Secretary of Labor Alex Acosta did with administrator's...