Kenneth Dolin Published in the National Law Journal
"The NLRB Under Obama"

Kenneth Dolin's article, "The NLRB Under Obama," was published April 6, 2009 in the National Law Journal. In his article, Ken examines the likely impact of the Obama National Labor Relations Board (NLRB) on labor relations. According to Ken, “The Bush board had established several precedents favorable to employers, many of which were the result of reversing Clinton-era board precedent." Given the expected composition of the Obama board, he expects that many Bush board decisions will be reversed. Ken explains that the reversal of Dana Corp. 351NLRB 434 (2007), where the Board reversed a 40-year precedent and modified its recognition-bar doctrine, is possible, and that an employer's recognition of a union will likely be found to bar an election petition for a "reasonable period of time." He further explains, "Reversal would also enhance neutrality/card check and voluntary recognition agreements that unions have increasingly used as an organizing tool."

Ken continues to note precedent-setting cases that Obama's board will likely reverse. He remarks, "It would not be surprising to see the Obama board undertake rulemaking, especially if any new labor law legislation, such as the Employee Free Choice Act, passes." He concludes, "It is unlikely, however, that the Obama board will have anywhere near as high a percentage of its cases enforced, in whole or in part, in the federal courts of appeals as the Bush board did."