The Practical NLRB Advisor: Winter 2019

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the winter 2019 issue of the Practical NLRB Advisor. This issue provides a comprehensive review and analysis of activities at the National Labor Relations Board (NLRB) in 2018. While last year seemed relatively quiet at the agency in terms of opinions, much was actually happening at the Board. In addition to the recusal imbroglio that resulted in the Board’s vacating its landmark Hy-Brand decision, a new General Counsel pursued an aggressive reform agenda.

This issue of the Practical NLRB Advisor also discusses what is to come. This year, we hope to see the NLRB make good on its rulemaking agenda and continue to effectuate beneficial policy shifts established through Board decisions and agency guidance. Meanwhile, a shift in the balance of power in Congress will surely ignite drama. House Democrats, now in the majority, can be expected to conduct rigorous oversight of the executive branch and independent federal agencies, including the NLRB. In addition, House Democrats may pursue comprehensive legislation in an effort to overhaul the National Labor Relations Act (NLRA), although Senate and White House checks should limit the possibility. Finally, we should anticipate an uptick in union-protective legislation in labor-friendly states in 2019.

In the coming months, all employers will need to carefully track any new state and local developments while continuing to keep a vigilant eye on events unfolding at the NLRB.