The flip-flops in rules of labor law between Administrations are expected to continue in 2025. It is widely expected that President Trump will appoint a new NLRB General Counsel. And, with the failure of President Biden’s NLRB Chair, Lauren McFerran, to achieve re-confirmation to the NLRB panel, President Trump is expected to appoint new members and a new Chair.

The NLRB under President Biden made significant changes in labor law, both through case rulings, as well as policy initiatives where the General Counsel sought to change the existing rule of law. Those who remember the previous Trump Administration, may recall that certain areas advanced by the Obama Board saw pushback in the Trump years. Employers should expect more of the same following four years of NLRB under the self-proclaimed most pro-union President in the history of the United States.

Hot button topics where the NLRB is likely to adjust rules, include, but are not limited to:

• Workplace policies – making regulation of employee misconduct, incivility, etc. more easily achieved
• Employee activity – tightening the standards for behavior of employees and labor unions that can labelled as protected
• Union organizing – taking away an expedited election-free process for unions to force employers into recognition and bargaining
• Shared liabilities – requiring proof of shared control by multiple employers before joint employer liabilities are viable
• Collective bargaining – giving employers more leeway to establish...

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