The Practical NLRB Advisor: Spring 2025

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2025 issue of the Practical NLRB Advisor. Whether borne of a desire to rein in the general ubiquity of government regulation, fundamentally alter the tenor of labor relations law, decrease the size of government, or vanquish the “administrative state”—or whether simply the by-product of “moving fast and breaking things,” there’s certainly no shortage of havoc on the labor-management front. In the last one hundred days we’ve witnessed terminations, nominations, and legislative proposals that have left pundits opining. So surely, the dogs of war are on the prowl. In this issue of the Advisor we take a look at some of the more significant developments and trends.

As is certainly clear, many aspects of labor law are being combined in the policy blender—and while the mix may seem chaotic, it can also create opportunity. In terms of the National Labor Relations Board (NLRB), this may be the perfect time for employers to stiffen their litigation resolve and expand their strategic and tactical approaches. The days of pro forma answers to complaints, unquestioned investigatory compliance, and lockstep acquiescence to Board directives and procedures may be at an end. Instead, the opportunity for creative affirmative defenses, constitutional and procedural objections, and parallel offensive litigation could now be here.

The NLRB has been an agency that has survived because of largely voluntary compliance by employers. However, between the current policy confusion and accompanying legal issues and, ironically, because of the enforcement regime of the former general counsel’s era, the days of voluntarism, accommodation, and settlement may well be gone. While the chaos may be confusing for us, it’s an existential threat to the Board.

We will issue the next edition of the Practical NLRB Advisor in the coming months. Please let us know if you have any questions.

Ogletree Deakins’ Traditional Labor Relations Practice Group will continue to monitor developments and will provide updates on the Traditional Labor Relations blog.

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