Revived NLRB prepared to revamp and restore

With James Macy’s confirmation, the National Labor Relations Board (NLRB) finally has a three-member Republican majority. The management community hopes this reconstituted NLRB will mitigate or reverse many of the pro-union, precedent-breaking actions of the Biden/Abruzzo Board. But the Board’s huge backlog, diminished staff, and glacial pace may test the patience of those anxious for a return to prior practice.

Cemex, Thryv, Amazon Services head the list 

Cemex Construction Materials Pacific LLC changed the entire legal landscape of union elections. In a single decision, the Board dramatically accelerated elections, elevated the significance of even minor unfair labor practices, and made the imposition of bargaining orders routine. Even though many other Board decisions have a greater daily impact, Cemex represents the outer limits of the Biden Board’s activism. As a result, it’s very high on the new Board’s “targets.” A number of cases are already “in the pipeline” that may provide an opportunity to refashion election procedures and revalidate the sanctity of the vote. 

With Thryv, the Biden Board converted unfair labor practices to personal injury torts, providing for consequential damages far beyond those contemplated by statute. Although it’s unlikely the current general counsel would ever seek or approve such damages, reversal of this precedent is sought by many facing cases where damages are claimed.