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Introduction In our last Review, we reported that the National Labor Relations Board had a very busy year. Despite the challenges of the COVID-19 pandemic, 2020 was also a fairly busy year for the Board. In its final year, the Trump Board produced a number of key decisions for employers. Whether those decision stand the test of time remains to be seen, because the Biden Board will soon begin its work. In the meantime, we will review the highlights from 2020 and preview some of the possible changes that may be down the road. Like so many of us, the Board was forced to convert nearly of its employees to remote work in March of 2020, and ultimately transitioned most of its activities to a virtual environment. This included videoconferencing for unfair labor practice (“ULP”) and representational proceedings. The Board also continued to conduct representational elections, following a brief two-week shut down. ....
Eventually, a Biden majority may well control the NLRB and have an opportunity to reexamine many of the most harmful Trump-era rulings. But depending on who controls the Senate, it may take a while before new Board members are confirmed. Unions are hoping that President-elect Joe Biden quickly takes control of the National Labor Relations Board and launches a new era of federal labor policy. Over the past four years, a cabal of Trump appointees, determined to rewrite U.S. labor law, has run the NLRB into the ground. The agency has issued a steady stream of precedent-setting anti-labor rulings, seemingly designed to not only undo all progress made on workers’ rights during the Obama administration but also to grievously undermine the ability of unions to resist. ....