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Forecasted Changes with a Republican NLRB

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With the confirmation of William Emanuel by the Senate on September 25, 2017, the NLRB has a Republican majority. Democrat/union lawyer members had been in the majority for many years. Republican Marvin Kaplan had been confirmed by the Senate on August 2, 2017, and the Republican member Phillip Miscimarra was appointed Chairman by the President on April 26, 2017.

Judging from the Republican members many dissents over the last few years, it is expected that new decisions will address the following issues:

  • Handbooks – Approval of employer policies promoting civility and team work in the workplace;
  • Joint Employers – Requiring actual and objective control in terms and conditions of employment in order to find that separate employing entities are joint employers;
  • Permanent Replacements – Confirming that employers can replace strikers permanently during economic strikes;
  • Management Rights Clauses in Union Contracts – Upholding the effectiveness of these provisions and departing from the “clear and unequivocal” test in order to find Union waivers of the right to bargain with respect to terms and conditions encompassed by the management right clauses;
  • Micro-Units – Return to the traditional community of interest standards when determining the appropriateness of bargaining units;
  • Quickie Elections – Return to the traditional approach of permitting challenges to the appropriateness of bargaining units and voter eligibility during the pre-election process.

Stay tuned for further updates.