Now at full strength, will NLRB continue anti-business bias? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Now at full strength, will NLRB continue anti-business bias?

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in Employment Law,Human Resources

by Hal Coxson, Esq.

Now that it’s finally back in business, the National Labor Relations Board (NLRB) has issued several controversial and decidedly anti-business decisions.

You may recall that the U.S. Supreme Court recently ruled that NLRB decisions made while there were just two board members are invalid. Those old cases and all new ones are now being heard by a new set of board members, three of whom are former union lawyers. (See “With EFCA on the ropes, unions shift their focus to the NLRB”.)

Overturning elections

Many of the new board’s recent decisions have expanded interpretations of “protected concerted activity.”

For example, several cases have dealt with lost union elections—and show that the NLRB is looking closely at the employer’s conduct leading up to the contested election. The NLRB has overturned election results based on the union’s objections and ordered new elections. But it seems much more reluctant to ...(register to read more)

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