Labor Relations Law Blog

The NLRB under President Biden made significant changes in labor law, both through case rulings, as well as policy initiatives where the General Counsel sought to change the existing rule of law.  Those who remember the previous Trump Administration, may recall that certain areas advanced by the Obama Board saw pushback in the Trump years.  Employers should expect more of the same following four years of NLRB under the self-proclaimed most pro-union President in the history of the United States.

Hot button topics where the NLRB is likely to adjust rules, include, but are not limited to:

• Workplace policies – making regulation of employee misconduct, incivility, etc. more easily achieved
• Employee activity – tightening the standards for behavior of employees and labor unions that can labelled as protected
• Union organizing – taking away an expedited election-free process for unions to force employers into recognition and bargaining
• Shared liabilities – requiring proof of shared control by multiple employers before joint employer liabilities are viable
• Collective bargaining – giving employers more leeway to establish workplace terms and to declare an impasse if negotiations stall
• Union misconduct – taking a closer look at unions’ violations of the law when accused by employees or employers
• Remedies for unlawful conduct – scaling back initiatives which have expanded the potential exposure to employers face (but so far not unions) when violating the labor laws

With a forecasted interest in government efficiency, the Trump Administration will likely look at ways to restructure the NLRB as a government agency in addition to freezing or reducing NLRB’s budget.  This at a time when the Constitutionality of the National Labor Relations Act, on which NLRB’s existence relies, is being actively litigated in federal courts.

Labor law reform remains in discussion.  Employers should stay tuned and reach out with any questions.  Even if the law itself doesn’t change, the interpretations of the law in cases and regulations will change.  And the cases that are filed (potentially involving companies like yours) have historically provided the vehicles of change through NLRB litigation.

This AALRR post is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. The applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process. 

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