Labor and Employment - Recent Anti-Employer Decisions By The National Labor Relations Board That Affect Non-Unionized Employers

January 7, 2013

In this issue:

Recent Anti-Employer Decisions By The National Labor Relations Board That Affect Non-Unionized Employers

The National Labor Relations Board currently has three Democrats and one Republican, with one vacancy. It has been both fashionable and accurate to characterize the current NLRB as "pro-union." That characterization, however, is incomplete. The NLRB now is not merely "pro-union" it is also "anti-employer."

Non-unionized employers often perceive federal labor law and the NLRB as irrelevant to them because they do not have unions. That perception, unfortunately, is inaccurate.

Recent decisions affecting non-unionized employers confirm both the NLRB's "anti-employer" orientation and how its decisions can affect non-unionized employers. These decisions portend the direction that the NLRB will pursue during the next four years when there will continue to be a Democratic majority on the NLRB.

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