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Once again, the National Labor Relations Board's sole
Democrat, Chairman McFerran, has issued a dissent that sheds light
on how a Biden-Board likely will reverse precedent established by
the Trump-Board. This update is our third in a multi-part series
discussing how Chairman McFerran's dissents are likely to
become the law once President Biden appoints new Board members and
the Democrats are in the majority (see here regarding confidentiality in
arbitration agreements and here regarding implementation of employee
handbooks). The latest example of this appears in the Board's