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.