The National Labor Relations Board (NLRB) has taken a number of actions during the term of President Barack Obama considered favorable to unions in the organizing process, including, for example, expanding the joint employer concept to make companies liable for labor violations of their contractors, staffing agencies and franchisees; implementing new rules that speed up the pace of representation elections; allowing easier access to union elections for contractor/staffing agency employees; and permitting small bargaining units within a large group of employees.
This month’s column focuses on significant 2016 decisions of the board which may or may not survive under a new administration. In this regard, there currently are three board members (two Democrats and one Republican) and two vacancies which we expect the new president to fill promptly.
Organizing
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