McGuireWoods labor attorneys and the editors of the firm’s Labor Relations 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 by McGuireWoods’ Labor & Employment Team, a useful resource heading into what will undoubtedly be another active year in labor-management relations.