Next week, the Senate could consider a resolution disapproving of the National Labor Relations Board (NLRB) rule on representation-case procedures.
The Senate's Republican Policy Committee says there will be a vote by month's end on a resolution introduced under a little-used law that allows Congress to nullify agency action if lawmakers vote their disapproval and the president agrees.
Resolutions were introduced in The House and the Senate on Feb. 16. As explained by the policy committee, the 1996 Congressional Review Act (CRA) provides for a joint resolution of disapproval to nullify an agency’s rule. The resolution must be introduced within 60 calendar days of Congress first receiving the rule, and the Senate must act on the resolution within 60 session days after the regulation is introduced.
The House has no similar time requirement for action, and there is no indication a vote is expected there. The rule is set to take effect April 30.
The resolution cannot be filibustered, and it only needs a simple majority to pass the Senate. If the joint resolution passes both chambers, it goes to the President, who can veto it. The only rule to have been overturned through the CRA was a 1996 OSHA regulation on ergonomic standards.
