Ready or not . . . here come Biden administration labor law changes

The saying “elections have consequences” may be about to be proven true in the context of labor law. It doesn’t require a political judgment to recognize that if the Biden administration follows through on the Democratic platform and campaign promises, changes to the labor-management status quo will be significant. It’s time for prudent businesses to do their best to anticipate and prepare for the changes.

NLRB changes

Return of “microunits.” As the term suggests, a “microunit” is a small group of employees who seek to be recognized as a bargaining unit for the purpose of collective bargaining. The perception is that it’s often easier to organize a small group of employees rather than an entire workforce or a large segment of a workforce.

So, when the National Labor Relations Board (NLRB) issued its Specialty Healthcare decision in 2011 setting forth rules under which microunits can be organized, it was viewed as a win for unions. When the Board reversed Specialty Healthcare in the 2017 case PCC Structurals, it was seen as a win for employers. Presumably, given the opportunity, a Board dominated by Biden appointees will reinstate Specialty Healthcare, thus restoring the concept of microunits.