In April 2018, John F. Ring took a seat on the National Labor Relations Board (NLRB or “the Board”) as the agency’s chairman. His addition marked the first time since a brief stint in late 2017 that a majority of Board members were comprised of Republicans. During that brief stint in 2017, the NLRB issued a number of decisions that rolled back several pro-union decisions rendered during the prior Democratic administration. See, e.g., Raytheon Network Centric Sys., 365 NLRB No. 161 (2017); PCC Structurals, 365 NLRB No. 160 (2017); UPMC, 365 NLRB No. 153 (2017). After those decisions were issued, many in the management community eagerly awaited the return of a Republican majority.

Although Chairman Ring joined the Board over six months ago, there has not yet been any significant change in NLRB law similar to what  we witnessed in late 2017. This said, there are signs that meaningful changes may be coming soon. Three of the more noteworthy potential changes concern:

  • the standard to be applied when determining whether two or more entities are joint-employers;
  • whether employees have a presumptive right to use their employers’ email systems to engage in protected concerted activities; and
  • whether language in a pre-hire collective bargaining agreement can automatically transform a temporary collective bargaining relationship in the building and construction industry into a more permanent one.

Joint Employment

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