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Employment Blog

Are Employers Receiving A Special Christmas Gift This Year?

Some commentators have suggested that the recent Republican vote will limit the activity of the National Labor Relations Board and avoid the potential for more activist activity from the Board. It is not clear, however, how the House and Senate can effectively limit the activism that has been predicted absent drastic legislative changes. As Christmas approaches, the National Labor Relations Board may become very active in presenting “gifts” to employers such as the quickie election requirements being adopted as well as new regulations regarding the “micro” bargaining units.

Why are these things likely to happen in the face of the recent Republican majority election? The appointment of one of the NLRB Board members expires on December 31 and there is concern the new majority in Congress will not appoint a new member to give a full five-member majority to the NLRB. If that happens, the NLRB could be stymied from implementing its activist agenda. This may mean that a number of NLRB initiatives will be implemented over the next 30 days while the employee-friendly majority still exists. Things are coming down to the wire in DC and we may see some large pronouncements from the NLRB before the end of the year.

Employers must be prepared to respond to the quickie election rules and other election proceeding changes to avoid giving an advantage to union organizers. Sensitivity to employee relations are critical at this time to make sure your company is preventing union organizing efforts.