As the end of the year approaches, the National Labor Relations Board is still without a quorum. Last week, the Senate Health, Education, Labor and Pensions Committee approved the nomination of James Murphy, who joined David Prouty as the only two members of the five-seat board. With three vacancies, the board still lacks a quorum, meaning the board cannot issue what may be precedent-shifting decisions.
The Senate also voted for management-side attorney Crystal Carey to take over as the board’s general counsel. Carey will lead the board’s prosecution of unfair labor practice charges against employers and unions alike. The agency is closed amidst the government shutdown.
New leadership at the NLRB may mean change is (once again) on the horizon. The board is likely to take up some key labor relations issues for consideration when members return. These are the top five developments we’ll be tracking that may impact employers with and without bargaining units when (and if) the NLRB reaches a quorum:
The labor law landscape dramatically shifted in August 2023 when the board issued its decision in Cemex Construction Materials Pacific LLC. In Cemex, the board determined that if a union demands recognition based on support from a majority of employees, the employer must either voluntarily recognize the union or file what’s called an “RM” petition (in other words, an election petition) within 14 days unless the union files its own election...
Mumbai, Parents who have lost their young son in a railway accident will not use such a tragic incident to make a false claim of compensation, the Bombay High Court said on Friday, granting relief ...