The Board has five Members and primarily acts as a quasi-judicial body in deciding cases on the basis of formal records in administrative proceedings. Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one Member expiring each year. The current Members are Chairman Peter C. Schaumber and Wilma B. Liebman. (There are three vacancies on the Board.)
The NLRB General Counsel is also appointed by the President with advice and consent of the Senate.
Because of this structure, a new administration cannot change the entire board immediately, but each administration would have have a majority after three years. Perhaps even sooner, if there are vacancies (as there are now).
Compare NLRB structure to the structure of the Federal Energy Regulatory Commission (FERC):
The Federal Energy Regulatory Commission (FERC) is composed of up to five commissioners who are appointed by the President of the United States with the advice and consent of the Senate. Commissioners serve five-year terms, and have an equal vote on regulatory matters.
To avoid any undue political influence or pressure, no more than three commissioners may belong to the same political party. There is no review of FERC decisions by the President or Congress, maintaining FERC's independence as a regulatory agency, and providing for fair and unbiased decisions. The Commission is funded through costs recovered by the fees and annual charges from the industries it regulates.
One member of the Commission is designated by the President to serve as Chair and FERC's administrative head.
Which do you think is more likely to be more consistent and effective? Why? Do the different roles of each group warrant the different structures?
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