An alliance of industry groups is attempting to engineer the immediate eradication of National Labor Relations Board precedents set during the Biden administration by capitalizing on President Donald Trump’s claim of control over independent agencies.
The Coalition for a Democratic Workplace has asked Attorney General Pam Bondi to direct the NLRB to ignore a swath of Biden-era decisions, as per Trump’s executive order asserting that the president and the AG have the power to interpret the law for all agencies.
CDW is advocating for a sharp break from the NLRB’s long-established practice of setting the rules for labor-management relations by interpreting the National Labor Relations Act in individual case decisions. The industry alliance’s aim is to trigger a sudden flip-flop on a mass scale, marking a rapid acceleration of the shifts in precedent following a change in partisan control of the board—a phenomena known in labor law circles as “policy oscillation.”
“The NLRB has been highly criticized in the past several decades for the whiplash effect it’s created by its policy oscillation,” said Anne Lofaso, a labor law professor at the University of Cincinnati and former agency attorney. “This would immediately change everything. This would not be a gradual change. The whiplash would be incredible.”
CDW Chair Kristen Swearingen said the NLRB’s shifts in policy have been fueled by the...
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