New Changes To Long-standing National Labor Relations Board Law
It is a long-recognized phenomenon that the interpretation and enforcement of the National Labor Relations Act
(the “NLRA” or the “Act”) changes with the inhabitant of the White House and the consequent makeup of the
National Labor Relations Board (“Board” or “NLRB”).[1] This last year in particular serves as a reminder of how
much can change as a result of a presidential election. During, 2007, the Republican-dominated Board has
reversed four long-standing precedents affecting union recognition, replacement workers, non-solicitation
policies, and backpay. This article reviews these reversals and thereby offers a glimpse of what may be on the
horizon should 2009 bring a Democratic Administration.
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