The National Labor Relations Board (NLRB)—the agency that enforces a federal labor law that protects the rights of employees and employers—is currently reviewing several hot topics that may have a significant impact on the workplace.
The board enforces the National Labor Relations Act (NLRA), which is a federal law that "grants employees the right to form or join unions" and "engage in protected, concerted activities to address or improve working conditions or refrain from engaging in these activities."
The NLRA applies to private-sector workplaces even if they are not unionized, noted Jennifer Abruzzo, the NLRB's general counsel. She was speaking on a panel with board members John Ring and Gwynne Wilcox at the Society for Human Resource Management's (SHRM's) Workplace Policy Conference on March 28 in Washington, D.C.
The board has five members who are appointed by the president for a five-year term, and one member's term expires each year. The general counsel is also appointed by the president (for a four-year term).
Robert Boonin, an attorney with Dykema in Detroit, told SHRM Online that legal doctrine under the NLRA tends to swing based on the president's political ideology. "But those changes are typically slow, since changes usually aren't made until a case on the topic reaches the NLRB—and that could take years."
Abruzzo, who was appointed by President Joe Biden, has noted several case areas under the Trump board that she deemed to be doctrinal shifts away from...
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