The Practical NLRB Advisor: Fall 2021

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2021 issue of the Practical NLRB Advisor. This issue offers insight into the changes in labor relations policy we have seen since President Joe Biden—who promised to be the most “pro-union” president in U.S. history—took office. From the unprecedented firing of National Labor Relations Board (NLRB) general counsel (GC) Peter Robb on Inauguration Day, to the filling of Board seats with labor-friendly nominees in record time, the White House’s support for organized labor has been palpable. In no instance has it been more evident than in the memoranda issued by the agency’s new GC, which is the focus of this issue of the Practical NLRB Advisor.

That the tilt of the agency would become decidedly more pro-union came as little surprise. The breadth and degree of the proposed reorientation reflected in the memoranda, however, stunned many observers. The memos do not foreshadow a mere recalibration of Board law. They plainly anticipate a tectonic shift.

This issue also examines the impact of the proposed Protecting the Right to Organize (PRO) Act. While it seems clear that there is no viable legislative path forward for the PRO Act, there remains the prospect that its massive monetary fine provisions will be included in the pending congressional budget reconciliation package. The aggressive changes contemplated by the new GC memos and the possibility of punitive monetary sanctions portend a tough road ahead for employers.

Whether Congress will enact the penalty provisions, whether many of the GC proposals will pass judicial muster, and whether the agency’s new aggressiveness will collapse under its own weight are all unclear contingencies at this point. This issue of the Practical NLRB Advisor offers a detailed examination of these issues and the fast-changing labor relations landscape that have developed during the new presidential administration.

Ogletree Deakins’ Traditional Labor Relations Practice Group will continue to monitor these and other labor law developments and will provide updates on the firm’s Traditional Labor Relations blog. Important information for employers is also available via the firm’s webinar and podcast programs.