Court Remands NLRB Decision for Failing to Distinguish Contrary Precedent
A shift in the political party at the White House generally means a corresponding shift in philosophy for the National Labor Relations Board (NLRB). Naturally then, the question many employers are asking is not “Will the NLRB swing to a pro-labor position?” but “How far will the pro-labor pendulum go?” Mercurial NLRB policy is, after all, nothing new. The agency’s five-member decision-making panel is typically comprised of three members aligned with the president’s political party. Following four years under a pro-business administration, employers are now bracing for the inevitable flip back under a president who has already pledged to be the “strongest labor president … ever.”