Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2022 issue of the Practical NLRB Advisor. In the last issue of the Practical NLRB Advisor we detailed the aggressive agenda of the Board’s newly minted general counsel (GC) and her apparent quest to persuade the Board to reverse or substantially modify broad swaths of extant decisional law under the National Labor Relations Act (NLRA). We also noted her likely effort to resuscitate theories long ago abandoned by the NLRB and to establish remedies arguably beyond the breadth of the NLRA—each of which had escaped the Board’s past political pendulum swings, regardless of political or policy persuasion. In this issue, we report, with no small concern, that the other revisionist shoe has now officially dropped.
As we detail in this issue, the newly formed Board majority appears just as eager as the GC to undo much settled law. This issue chronicles the Board’s recent spate of briefing invitations. Each plainly signals an intent to revisit—and very likely jettison—many extant decisions in significant areas of Board law. Beyond merely chronicling this activity, this issue also sounds cautionary notes regarding the questionable wisdom of making consequential change for political purposes. There seems little chance that these observations will resonate with those who make the decisions; however, the likely consequences merit consideration. This issue of the Practical NLRB Advisor also offers a detailed examination of the dynamic and fast-changing labor relations landscape in the Biden administration.
Ogletree Deakins’ Traditional Labor Relations Practice Group will continue to monitor these and other labor law developments and will distribute the next issue of the Practical NLRB Advisor in the coming months, in addition to providing updates on the firm’s Traditional Labor Relations blog. Important information for employers is also available via the firm’s webinar and podcast programs.