There are finally signs of change at the National Labor Relations Board. In the beginning of December, the New General Counsel (GC) Peter Robb, a former employer-side attorney, sent a memorandum to all regional offices signaling that pro-employer changes are on the horizon.
In his memo, the GC directed all regional offices to submit cases that involve significant legal issues, including cases “over the last eight years [during the Obama Administration] that overruled precedent and involved one or more dissents.” GC Robb specifically identified concerted activity, handbook rule interpretation, employee use of employer emails system to engage in concerted activities, off duty employee access to property, joint employer status, dues check off, and others as areas where the GC will provide “alternative analysis.”
The Board itself is also signaling pro-employer change. Last week, it overruled three Obama-era decisions on issues including union organizing of “micro-units”, joint employment and employee handbooks.
This is likely just the beginning of the expected employer-friendly shift that is to come.