
With the National Labor Relations Board (“NLRB”) currently lacking a quorum, it seemed like a good opportunity to take a look at several Biden-era NLRB decisions which are highly vulnerable for reversal once the board is fully seated. The most vulnerable Biden-era NLRB decisions were those which explicitly reversed decisions from the first Trump administration. The prior decisions provide us with a looking glass for what changes that we may see going forward. Although there has been no formal statement from the administration regarding its intent to roll back these decisions, industry groups are actively lobbying for their reversal.
These decisions all pertain to Section 7 of the National Labor Relations Act, which protects all employees—whether in unionized workplaces or not—from infringement on their right to advocate on behalf of themselves and their co-workers regarding the terms and conditions of their employment.