Now that the election is over, one of the main questions being asked is, what next?  We recently held a Webinar entitled “The Latest at the NLRB and Post-Election Developments” to address this question.  It seems clear that with Congress still divided that there likely will not be much in the way of legislative change.  The pressing issues facing the NLRB, as well as those advanced by the agency are pretty well known:

  • The quorum issue.  There are four members currently sitting on the Board.  Two (Chairman Pearce and Member Hayes) have regular appointments.  Member Hayes’ appointment is set to expire on December 16, 2012, a little more than a month away.  The other two (Members Griffin and Block) have been challenged legally as improper recess appointments.  Litigation over their appointments will be decided in the coming months.
  • Employee Rights Poster.  The NLRB’s effort to require all employers under its jurisdiction to post a notice informing employees of their rights to unionize continues.  It has been tied up in litigation but that will be decided in the coming months
  • Ambush election regulations.  The NLRB’s new regulations over representation elections, variously called “quickie” or “ambush” elections, also have been stalled by litigation.  Those cases are likely to be decided in the near future.
  • Specialty Healthcare.  The NLRB’s decision altering the analysis for determining bargaining units continues to cause a wide impact and will be something to watch.
  • Employer policies.  The NLRB will continue to scrutinize, and likely find violations, with employer policies concern internal investigations, social media, at-will provisions, courtesy, and off duty access.

In other words…more of the same.

Anyone who is interested in seeing the Webinar can do so as follows:


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Proskauer Company Code: 9736529.

Select the “Catalog” tab at the top of the page. Select the “Enroll” button to the right of the course titled: Labor Relations Update: Live! The Latest at the NLRB

Post Election Edition Archive

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Select the “Launch” button to open the course and begin watching. Please be sure to allow pop-ups and click the boxes that appear on the screen to receive CLE credit.