Only three of the NLRB’s full complement of five seats are currently occupied. Two NLRB members are Democrats and one is a Republican.
By tradition, members of the president’s party occupy three seats. Republicans in the Senate, which must approve NLRB appointments, have successfully blocked President Obama’s recent nominees, leaving two seats vacant.
With his own party in control of the Senate, that won’t be a problem for Trump, He is likely to move swiftly to restore a 3-2 Republican majority.
That means several recent pro-union NLRB rulings may be ripe for overturning.
Regulations that sped up the union election process—so-called ambush elections—might be the first to go. (Read background at www.thehrspecialist.com/NLRB-ambush-rules.)
Almost certainly in the reconstituted board’s crosshairs will be the Browning-Ferris decision, which made it easier to establish joint-employer liability for unfair labor practices when two entities influence how workers perform their jobs.
The 2015 decision affected relationships between franchisers and franchisees in the food service industry and temp agencies and their clients in many sectors.
Another likely target for reversal: The NLRB’s 2011 Specialty Healthcare decision, which granted unions the right to carve out departments or functions from a larger workforce for the purpose of creating a collective bargaining unit.
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