Trump NLRB Appointments May Result in Reversals of Multiple Labor Decisions

Last week, President Trump named his final appointee to the National Labor Relations Board (NLRB), giving Republicans a majority of the board’s members. Over time, this majority is likely to reverse a number of controversial pro-labor positions adopted by the NLRB during the Obama administration, including some policies that would affect health care providers.

Many of these decisions involve the board’s expansion of protected concerted activity rights under Section 7 of the NLRA. The board has found multiple standard employee handbook policies to violate Section 7, even in the absence of evidence that the policies were intended or used for this purpose. Examples include decisions banning workplace recordings, granting employees expansive social media use rights and limits on confidential information agreements. The NLRB may also decide to revisit decisions favoring unions in the designation of bargaining units and other rulings involving union elections.

These changes will not occur at once. Absent new rule-making on these issues, changes in NLRB enforcement policy will result from cases brought before the board. In addition, Congress may move to reverse other Obama-era NLRB regulations, especially rules that streamline the union election process and give employers fewer pre-election opportunities to challenge proposed bargaining units.

Jonathan Crotty

Jonathan Crotty

Jonathan Crotty has been a successful counselor and problem solver for large and small employers in the Carolinas and beyond for over 20 years. He heads Parker Poe’s Employment and Benefits practice group and represents employers in all aspects of the employment relationship, from hiring to discharge. Mr. Crotty provides guidance to employers as they navigate the complex array of laws and regulations applicable to the employment relationship, including employment discrimination laws, OSHA compliance, FMLA, and wage and hour matters. If employers face legal or administrative claims resulting from their employees and employment practices, he defends and resolves those disputes in line with the client’s goals and expectations.

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