2014 NLRB Year in Review


Steven M. Swirsky, Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, and D. Martin Stanberry, Associate in the Labor and Employment practice, in the firm's New York office, co-authored an article in Law360, titled “2014 NLRB Year in Review.” (Read the full version — subscription required.)

Following is an excerpt:

As we count down the days to 2015 and contemplate the National Labor Relations Board’s actions this year, two expressions come to mind: “if it ain’t broke, don’t fix it” and “everything old is new again.” Indeed, the NLRB had an ambitious agenda in 2014 that included the reconsideration of well-settled NLRB principles, major changes in the board’s rules and procedures for representation elections, the possibility of extending the National Labor Relations Act's protection to college athletes and reasserting its belief that requiring employees waive the right to participate in collective and class actions as a condition of employment is unlawful.

Facing the expiration of NLRB Member Nancy Schiffer’s term on Dec. 16, the NLRB was forced to pick among its priorities, ultimately settling on its effort to extend the NLRA's protections to employees who use company-provided email to discuss unionization and to adopt groundbreaking amendments to its union election procedures. A review of where things stand and where things are headed brings some clarity to the changes taking place at the NLRB and what is in store for 2015.