Joe Biden’s administration has witnessed a surge in labor activity across various sectors, with future developments potentially influenced by who manages labor relations post-election.
Under Biden, the National Labor Relations Board (NLRB), responsible for overseeing unfair labor practices and mediating disputes, has adopted a remarkable pro-union stance. This shift is remarkable, with labor experts noting its intensity compared to previous administrations.
Legal challenges could impact the NLRB’s pro-worker strategies as labor activity rises under Biden
Michael LeRoy, a professor at the University of Illinois Urbana-Champaign, likens the current NLRB’s actions to historical shifts from the 1930s and 1940s.
Despite these efforts, the NLRB’s more assertive approach faces legal challenges that may impact its ability to continue its pro-worker and pro-employer strategies. Former President Donald Trump and Vice President Kamala Harris are vying for union support, adding to the debate.
Joel White, a labor lawyer, points out that Biden’s push to be the most pro-union president ever has led to remarkable changes in the NLRB’s approach, including the removal of General Counsel Peter Robb and the appointment of Jennifer Abruzzo. Abruzzo’s memo signaling a review of numerous cases reflects this shift.
The NLRB’s recent overturning of a longstanding precedent, mandating employers to recognize unions if workers sign authorization cards, is currently contested in court. Additionally, the NLRB has supported union campaigns, including serious actions against companies like Starbucks and Amazon.
Kate Bronfenbrenner of Cornell University notes that these moves have emboldened workers and fueled strikes but created challenges for management. Meanwhile, Kayla Blado of the NLRB defends the agency’s actions as consistent with the National Labor Relations Act’s intent.
The NLRB has faced setbacks, such as the overturning of a rule on labor violations by franchisees and contractors. The Supreme Court’s recent decisions could further challenge the NLRB’s authority.
As the labor movement gains traction, especially in high-profile strikes, the agency’s future role remains uncertain. The NLRB’s direction will influence labor relations, potentially leading to either increased militant actions or diminished efforts depending on its ability to withstand ongoing challenges.
