Get Ready. With the National Labor Relations Board (NLRB) finally at a working quorum, it is poised to make significant changes to labor law. For the first time in history, the NLRB majority consists of three union labor lawyers, including one who has written extensively about the need for dramatic reversal of established Board precedent. There are also several indications that the NLRB is preparing for an unprecedented attempt to use rulemaking as a way of bringing about major labor law changes. Rulemaking is a powerful tool because it would allow the Board to:
- Address issues that are not otherwise before the NLRB in a case adjudication;
- Issue changes in the law in less time than it typically takes the NLRB to adjudicate a case; and
- Increase the likelihood of labor law changes withstanding legal challenge, as courts are typically more deferential to rulemaking initiatives than adjudicated cases.
Chuck Walters will moderate the session with our agency insiders Jack Toner and Leon Sequeira who will discuss what to expect and how to prepare, including an explanation of the rulemaking process; a discussion of how the public can influence a rulemaking; and the issues likely to come before the NLRB. Chuck Walters is a partner in the Labor & Employment Department of Seyfarth’s D.C. office, Jack Toner previously served as the Executive Secretary of the NLRB, and Leon Sequeira is the former Assistant Secretary of Labor for Policy at the U.S. Department of Labor.