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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 April 16, 2021 decision,