Key 2020-21 NLRB Rulings and Reversals Impacting Non-Union and Union Employers

Description

During 2020-2021, the NLRB issued several significant rulings and reversals. Counsel and HR should immediately review their clients' labor practices and adjust their advice when guiding union and non-union employers to avoid potential liability associated with the new rulings while evaluating how they may take advantage of the rulings.

Specifically, not only did acting general counsel Peter Sung Ohr rescinded several employer-friendly memoranda issued by the prior agency attorney, but recently appointed general counsel Jennifer A. Abruzzo has issued a series of memoranda (1) outlining mandatory submissions to advice that likely will result in significant doctrinal shifts, (2) announcing an intent to aggressively seek Section 10(j) relief, and (3) urging Regions to seek from the Board "the full panoply of remedies available to ensure that victims of unlawful conduct are made whole for losses suffered as a result of unfair labor practices." Based on these developments, as well as recent Board decisions issued by the new administration’s Board majority, it is evident the NLRB will institute more pro-employee rules during the Biden administration, and employers must be prepared.

Listen as our authoritative panel of labor and employment attorneys discusses these and other rulings and reversals, other recent enforcement activity, potential pitfalls for employers, and best practices for employers to comply with NLRA obligations in an evolving legal landscape. The panel will explain what these rulings and reversals mean for employers moving forward and discuss anticipated NLRB action.