Standing on the Precipice of Major Policy Change: NLRB Update, First Quarter, 2022

Welcome to the inaugural edition of HR Policy Association’s quarterly NLRB Report. Each report will provide a comprehensive update of law and policy developments at the National Labor Relations Board, including significant decisions issued by the Board, cases to watch, Office of General Counsel initiatives, rulemakings, and an overview of HR Policy’s engagement with the Board for that quarter. These reports will also feature expert analysis on a specific issue or topic from a guest writer. 

The first quarter of 2022 saw the Board, with a newly minted Democratic-majority, wasting no time in laying the groundwork for significant and comprehensive labor law and policy change. The Board decisions issued since the beginning of the year, though offering few significant changes by themselves, serve as markers of how the Board may view important labor law issues, including mandatory subjects of bargaining, bargaining units, employer communications during union campaigns, and mail ballot elections. 

Most importantly, the Board signaled a potential massive sea change of law and policy soon to come through invitations for amicus briefs in five different cases involving critical and wide-encompassing issues, such as independent contractor status, employer workplace rules and policies, and bargaining unit size appropriateness. In short, the Board is already off and running with major changes on the very near horizon.

Read the full report here.