Life under the new National Labor Relations Board

Employers will be impacted

Here is some stuff on how the new appointments to the National Labor Relations Baord,  Craig Becker and Mark Pearce will begin to affect board policy over the next months.

The short version:

The NLRB is now very pro-labor!

The more specific longer version:

Expect to see case decisions and rulemaking that will significantly alter the current board approach to the following:

  1. Watch for a change in the definition of what constitutes a “supervisor” under section 2(11) ot the NLRA.  This  is separate from any possible legislation passed around the proposed RESPECT act.
  2. Permitting greater access to the workplace for organizing, possibly including the use of employer email systems
  3. Increased limitations on employer communication about unionization
  4. Increased reporting requirements for employers
  5. Likely to create shorter election cycles through administrative means
  6. Recognizing the notion of “minority unions”
  7. Increased use of bargaining orders
  8. Recognition of smaller units, permitting easier opportunity for a union to organize and win an election

Bear in mind, this will take a little time, so don’t expect to see much for a few months, but now is the time to think about preparation.

What is the definition of supervisor under Section 2(11)?

The term “supervisor” means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

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