On August 7, the Senate confirmed James Macy and David Prouty to serve on the NLRB. These nominations restore the Board to its full five-member strength and cement a 3-2 Republican majority. This is critical because, per long-standing practice, the NLRB requires a three-member majority to overturn precedent.
Until this point, the Board lacked the quorum needed to overturn Biden-era labor law decisions, which have remained in place through the first two years of President Trump’s term in office. This is now set to change. Below, we identify key Biden-era decisions that may be reversed, and their practical impact for both unionized and non-union employers.
Cemex Construction Materials Pacific, LLC (2023) was one of the most significant NLRB decisions in years. Previously, it was incumbent on a union to file for an election, and any violations of labor law committed by the employer resulted in a re-run of that election. Under Cemex, employers who receive a union recognition demand must either recognize the union or file an election petition within 14 days. Further, if the employer commits any unfair labor practice during the campaign, the Board can bypass the election entirely and order bargaining.
A reversal of Cemex could provide relief to employers, both by removing the requirement to file their own election petition and the threat of an automatic bargaining order following an unfair labor practice finding.
Chinese authorities have ordered major e-commerce platforms to remove 35 online stores operating under the name "Hong Kong Pharmacy" as part of a crackdown on fraudulent medical marketing, the Nati...