The following article was submitted by Brody and Associates LLC. It is posted here with permission.

For the first time since 2021, the National Labor Relations Board has a Republican quorum.

In December, the U.S. Senate confirmed two Trump administration nominees for seats on the NLRB, creating a two to one Republican majority.

This Republican-controlled board is expected to overturn many decisions made during the Biden administration.

But there is a rub.

It is longstanding tradition for the NLRB to not overturn precedent until at least three members vote to do so.

During their confirmation hearings, the two new Republican board members told senators that they would continue to follow this tradition.

If they are true to their word, the Republicans will have to rely on the vote of David Prouty, the board’s lone Democrat, to support overturning Biden-era precedent, which is unlikely.

Of course, once a third Republican member is seated, reversal of Biden administration decisions will come quickly.

So what cases are most likely to fall?

The first one is Cemex Construction Materials. In Cemex, the NLRB announced a new framework for determining when employers are required to bargain with unions without a representation election.

This case provided some major changes.

First, if a union requests voluntary recognition by the employer, and the employer refuses, the employer must immediately request an NLRB election.

Historically, the union made this request.

Second, Cemex changed...

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