5 Cases That Could Shift NLRB Precedent in 2022
The National Labor Relations Board chief prosecutor's push for more worker-friendly precedent is well underway, with requests already in the pipeline for the board to review rulings easing scrutiny of workplace rules, raising the bar for proving anti-union bias and more.
Here, Law360 looks at five cases that could be vehicles for reviewing Trump-era case law in the new year.
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The time may be ripe for employers to revisit rules governing workplace conduct as the general counsel angles to revisit the Trump board's Boeing decision, which made it easier for employers to beat claims that their policies infringe workers' rights.
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Andrew Herman, a Blank Rome LLP attorney who represents employers, said the Trump board achieved its stated goal of providing clarity as to how it will approach a given rule. Restoring Lutheran Heritage will make it harder to discern what will or won't pass the board's muster, he said.
"I don't think anyone is really helped when it's difficult to predict whether or not language will be deemed lawful or unlawful," he said.
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“5 Cases That Could Shift NLRB Precedent in 2022,” by Braden Campbell was published in Law360 Employment Authority on January 3, 2022.