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From recess appointments to the revolving door to ethical scandals to frequent overruling by federal judges, the NLRB has lost much of it credibility. The board’s current makeup and its recent decisions show it is acting not as a neutral judicial body, but as a political executive agency pursuing a special-interest agenda.

Regardless of which party is in office, the board will continue to function as a political football unless its structure is fundamentally changed. Instead of being an “independent” executive agency under the president, it should be a specialized federal judicial court. Moving the NLRB to the judiciary - with federal rules of evidence and procedure and independent judges - will solve many of the problems that now plague this politicized agency. Only then will workers know they have a truly independent neutral arbitrator overseeing workplace disputes.

F. Vincent Vernuccio is labor policy counsel at the Competitive Enterprise Institute. Trey Kovacs is a labor policy analyst at the institute.