Anyone following labor law over the last eight years knows the National Labor Relations Board (NLRB) has been very active and made extensive changes, including overturning long-standing precedent. From altering the test used to evaluate “micro-units” to modifying the standard for finding “joint employers” and allowing college graduate assistants the right to form unions, the scope of departure from past precedent has been vast. Indeed, according to a recent study conducted by the Workplace Policy Institute, the NLRB overturned more than 4,500 cumulative years of precedent in the last eight years. That number is staggering.
With the recent presidential election, there is a strong chance many of the NLRB’s decisions from the last eight years will be overturned and put back in line with prior precedent, but only time will tell. Stay tuned to the blog in 2017 and beyond to track these developments. An article detailing the findings of this study can be found here.