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”.)
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)