In the final months of the Biden Administration, the National Labor Relations Board made changes to guidance and issued critical decisions, including:
- overturning the Tri-Cast decision,
- ruling captive-audience meetings unlawful,
- returning to a “clear and unmistakable waiver” standard, and more.
In the closing days, General Counsel Jennifer Abruzzo also issued updated representation case guidance and released a memo on harmonizing NLRA and EEO laws.
Last week, the President fired NLRB Board Member Wilcox (one of only three Board members, and the Chairperson in the last days of the Biden Administration) and NLRB General Counsel Abruzzo.
Business Takeaway: One of the primary points of contention for affected employers is the lack of consistency and stability—making these and other changes in recent years moving targets. Will a complete reversal of some (or all) of the above follow?