The National Labor Relations Board (NLRB) continued making life more difficult for employers in 2016. The agency issued a host of decisions that significantly expand the number and type of individuals that unions can seek to organize and that make the process of organizing faster and easier for unions. For those employers already grappling with a unionized workforce, the Labor Board issued a large number of decisions affording greater leverage to unions both at the bargaining table and, thereafter, in the administration and enforcement of collective-bargaining obligations. In large measure, the NLRB continued to receive support by reviewing federal appellate courts that traditionally accord the agency’s decisions a high degree of deference. Compounding the problem for employers, the Board made the resolution of unfair labor practice claims more difficult and the litigation and consequence of such claims more costly.
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