Steven M. Swirsky, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in POLITICO’s Weekly Shift in “The Shutdown's Over, but the NLRB Is Still in a Bind,” by Nick Niedzwiadek.
The following is an excerpt:
The end of the record-setting government shutdown has set the stage for a renewed focus on the controversies surrounding the federal agency charged with protecting the rights of private sector workers.
The National Labor Relations Board, whose operations have been severely limited since shortly after President Donald Trump took office in January, is facing threats to its authority from states’ efforts to expand their power to intervene in labor disputes. …
Even when NLRB regains a quorum, it won't necessarily be able to significantly pare back the Biden-era shift away from employers’ interests without at least one more GOP appointee, based on a longstanding tradition requiring at least three votes in support of major decisions. The board might face pressure to junk that tradition if it has to go with just three members for an extended duration.
“That’s one of the big questions: Will that tradition as opposed to a rule be followed going forward?” said Steve Swirsky of Epstein Becker Green, who worked for the NLRB early in his career.
People
Board of Directors / Member of the Firm