As many of you no doubt read in our Bradley Labor and Employment Practice Group publications and many other sources, the Biden presidency was probably the most pro-union administration in history, and the actions of the National Labor Relations Board (NLRB) demonstrated that. Our labor group wrote about the Biden initiatives many times, and many of those alerts can be found on our Labor and Employment Insights blog. In addition to aggressively litigating cases against employers and issuing very pro-union rulings in many of those cases, the NLRB was very aggressive in using other tactics as well. One of these tactics was to issue many “general counsel advice memos” that were contrary to decades of well-established labor law. It thus was very difficult during the last four years for companies to make important labor-related business decisions because companies knew that the board would take extreme pro-union positions pursuant to these advice memos even despite what established law clearly stated. Well, buckle up for the U-turn.
The NLRB has authority over all aspects of the company-union relationship, from the initial union organizing process to collective bargaining if a union is chosen, as well as individual employee protection for engaging in union activities. Within the agency is an actual decision-making body itself, often referred to as the board, composed of five members appointed by the president and confirmed by the Senate. Three...
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