With recent U.S. Senate confirmations, the National Labor Relations Board (NLRB) has four of its five seats filled. Three of the four are Republicans selected by the current presidential administration. The lone Democrat was renominated by the current administration after originally being nominated in the prior administration 2021. It remains to be seen whether the vacant Democrat seat will be filled by the current administration.
The presence of five Board members, with the President’s party in control, is typically the point at which NLRB will begin to review pending cases in litigation for potential shifts in controlling labor law rules. In the meantime, now that there are three Senate-confirmed Board members, several impactful NLRB rulings from the panel under prior administration are expected to be overruled or modified. They include the following.
Cemex – under which a union could become the representative of employees simply by making a demand for recognition premised on a claim of employees’ majority support. This case has upended the union organizing process by forcing employers, rather than unions, to petition the NLRB for secret ballot elections to ensure that employees speak on whether or not to be represented.
Thryv – under which the NLRB sought to expand its array of remedies for unfair labor practices committed by employers (not unions). By adding an element of foreseeable consequences, beyond restoring actual losses like backpay, the NLRB beefed up case...
Pastor Jun Kwang-hoon, accused of spreading false claims about President Lee Jae-myung's educational background, appeared before police for questioning. According to reporting by The Seoul Economi...