Steven M. Swirsky, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in Law360 Employment Authority, in “NLRB Shutdown Has Differing Impact on ULP, Election Cases,” by Braden Campbell. (Read the full version – subscription required.)
Following is an excerpt:
The ongoing federal government shutdown has been a mixed bag for parties that rely on the National Labor Relations Board, tacking modest delays on the lengthy timelines for resolving unfair labor practice cases but closing off a path for workers to unionize by stalling speedier representation election cases. …
The agency has been unable to culminate its processes in unfair labor practice and representation cases since late January, when the president's firing of NLRB member Gwynne Wilcox ended the quorum it needs to issue decisions. But the board had continued the rest of its functions until this month.
"Looking at what the situation is now with the agency shut, you realize how much of the agency was still there even without a quorum,” said Steven Swirsky, a member at management-side Epstein Becker Green.
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