Last week, President Trump announced his choices to fill two long-standing vacancies on the National Labor Relations Board ("NLRB"). Once the nominees are confirmed, the NLRB will finally have a quorum such that it can start issuing new guidelines and decide labor disputes.

The NLRB will have a Republican majority after the nominees are confirmed. That majority is expected to reverse several policies and opinions put forth by the NLRB and General Counsel during the Biden Administration. Expected NLRB decisions and guidelines include:

  • Reversing the NLRB's stance that a non-compete, in most cases, violates the National Labor Relations Act.
  • Reversing NLRB guidelines which attempt to restrict non-disparagement clauses in severance agreements.
  • Reversing a NLRB decision which simplifies the certified-election process for a union.
  • Reversing NLRB decisions further restricting employer activities during an election campaign.
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