The National Labor Relations Board’s landmark decision to discourage unfair labor practices during union elections tops the list of Biden-era precedents that management-side labor lawyers want the board’s newly completed Republican majority to overturn first.
While employer counsel most frequently cited Cemex Construction Materials Pacific LLC, they also pointed to a host of other decisions they want the NLRB to focus on in the near term. Many of those rulings have a broader day-to-day impact than Cemex, including those that restrict what management can do while campaigning against unions and narrow what rules they use to govern employees.
Employers are keen to see more business-friendly labor law interpretations after the NLRB during the Biden administration took an expansive view and made many pro-worker and pro-union changes, according to 10 management-side lawyers. The board set 20 new precedents when it was controlled by Democrats that are now targets for the new Republican majority.
“There are a significant number of cases that the board is likely to address in the next 12 to 18 months that are going to have not only a significant impact on employers, but a significant impact on all parties, including the board itself,” said Philip Miscimarra, a Morgan Lewis partner and NLRB chair during the first Trump administration.
The NLRB will officially gain the ability to alter board law after James Macy, who won Senate confirmation to become the third...
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