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NLRB policy changes arriving soon
January 19, 2006 by Ross Runkel at LawMemo
The NLRB is political. There! I said it.
On major policy issues, expect the Board to split 3-2. Three Republicans vs. two Democrats. This is the way things have been for decades, with the only difference being which political party was in control.
Now that the President has made some recess appointments, the Board is at its full strength of five Members.
Already we've seen these big changes in NLRB policy:
- Non-union employees do not have Weingarten rights.
- Graduate student assistants are not "employees" under the National Labor Relations Act.
- Temporary employees are excluded from a unit of permanent employees unless all parties consent.
- Threats of plant closure will not be presumed disseminated.
I'm expecting these changes during 2006:
- Return to the rule that an employer can withdraw recognition from a union if the employer has a good-faith uncertainty as to the union’s majority status.
- New standards in "salting" cases.
- Medical "house staff" will not be "employees."
- Less use of mail ballots.
- Dispatchers could be classified as "supervisors."
More discussion: NLRB Reversals During the Bush Administration.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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