The federal labor board’s Democratic majority has embraced seeking public input when the board contemplates overturning precedent, even though that will slow its efforts to reverse pro-employer decisions from the Trump era.
In an exclusive interview, National Labor Relations Board Chair Lauren McFerran discussed the Democratic majority’s commitment to inviting public briefing, a practice the previous board majority skipped for some of its most significant decisions. The choice to seek input on any particular matter depends on weighing drawbacks against what the board and the broader public can gain from the process, she said.
“Obviously there is a case-by-case determination to be made,” McFerran said. “My personal perspective is that I do tend to err on the side of seeking public input.”
How frequently the NLRB calls for briefing could play a role in how swiftly the new majority revamps labor law and the amount of credibility its rulings have. General Counsel Jennifer Abruzzo has set forth an ambitious agenda, targeting more than 40 Trump-era decisions for reconsideration.
Working as an adjudicative agency, the NLRB sets most labor law rules through rulings in individual cases, while the general counsel acts as a prosecutor advocating for certain readings of the law. Precedent often flip-flops between labor- or management-friendly interpretations...
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