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Over the last nine years, labor unions and employees have received extremely favorable treatment from the National Labor Relations Board. We are slowly getting signals that is about to change. The Board now has a majority of conservative members and the Board’s General Counsel has a management background.

Recently, the Board’s General Counsel issued a memo outlining all of the precedent from the last nine years that he would like to consider changing. The list is extensive and includes such things as: taking protections of the Act away from employees who engage in obscene, vulgar, or highly inappropriate conduct; restoring the validity of many common employer handbook rules; restricting employee and union access to companies’ electronic messaging and computer systems; and backing away from the very liberal joint employer and successorship rulings of the past.

We are very hopeful that we will see a more evenhanded approach from the NLRB in the coming years.

View The General Counsel’s memorandum