McGuireWoods labor attorneys and the editors of the firm’s
Today blog have published
Labor Law 2015: A Year In Review, their must-read retrospective of a
year’s worth of major, far-reaching actions throughout 2015 by the National
Labor Relations Board.
For most of 2015, the NLRB consisted of five members and the general counsel
– all Senate-confirmed. This board and the White House continued aggressive
efforts to overhaul traditional labor law administratively by implementing
expedited representation election rules, rewriting the decades-old “joint
employer” standard, proposing regulations designed to blacklist government
contractors who fail to adhere to extensive record-keeping and reporting duties.
The board also continued to expand the notion of what employee misconduct may
nevertheless be protected under the National Labor Relations Act.
As we head into the heat of the 2016 election campaigns, the board and its
allies appear as determined as ever to advance their agenda, and its opponents
look to be equally prepared to push back. Whether this year’s back and forth is
merely election year posturing, or whether it results in drastic changes that
survive only until the new president’s board is seated, or something more
enduring, the developments will merit watching closely.
This report is filled with compelling information and insights put together
Labor & Employment Team, a useful resource heading into what will
undoubtedly be another active year in labor-management relations.