2018 and Beyond—What All Employers Should Expect from the NLRB

Over a period of eight years under the previous Administration, the National Labor Relations Board (“NLRB”) engaged in perhaps the most dramatic reinterpretation of our national labor law in the agency’s 80+ year history. Many of these changes impacted all employers, not just those with unionized workforces. The NLRB policed employer policies and handbooks and challenged discipline issued to employees for their social media posts.  With a new Administration, the rules are likely to change again—and employers need to be prepared and know how to respond. Plus, unions are likely to alter their tactics in light of anticipated changes at the NLRB.

Please join us for a program especially focused on the issues confronted by in-house employment counsel who do not regularly deal with unions. We are pleased to welcome former Member of the NLRB and our colleague Marshall Babson who will provide insights on what to expect in the coming year. In this program, the panelists will discuss how the NLRB goes about interpreting federal labor law, potential changes in direction by the NLRB, and what employers should be considering now, including:

• What to expect from the NLRB regarding the rules for union organizing (including the abandonment of “micro” bargaining units and “quickie” elections, and different standards for blocking charges and objectionable conduct)
• What non-union employers can expect from the NLRB (including handbook and policy issues, class action arbitration waivers, disclaimers, and the scope of employees’ rights to a representative during investigatory interviews)
• What unionized employers can expect from the NLRB (including the obligation to discuss discipline with union before a first contract is reached, managements rights clauses and union waivers, changes in benefits after contract expiration, arbitral deferral, striker replacement limitations, and other issues)  
• What employers should be thinking about now in assessing their current policies and practices to prepare for and adapt to these potential changes

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