Ogletree Deakins' Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions and sharply divided opinions issued by the National Labor Relations Board (NLRB) resulting from the mid-December 2022 departure of Republican Board member John F. Ring. As such, there has been no "long winter's nap" for U.S. labor law over the past several months.
In addition to covering the spate of cases that the Board issued as Member Ring cycled off the federal agency, this issue covers the judicial review by the federal courts of appeal of both these and prior Board decisions. In what may be a precursor of greater involvement by the federal courts in labor policy and the administration of the National Labor Relations Act (NLRA), the first case argued in front of the Supreme Court of the United States this year was Glacier Northwest, a potential game-changer in NLRA practice.
And, never to be outdone, the Democratic-led U.S. Senate, in particular its Committee on Health, Education, Labor and Pensions (HELP) has given every indication that it intends to pursue an activist labor agenda. With all three branches of government gearing up, NLRB stakeholders have not only missed their winter nap, they are certainly not facing a "silent spring."
In the next issue of the Practical NLRB Advisor, we will take a closer look at the Board's important McLaren Macomb decision, which may fundamentally change how and when employers use confidentiality and nondisparagement provisions in both union and nonunion settings. We will also explore the ramifications of this decision in the broader employment law context and attempt to offer some practical guidance.
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