Labor Law Solutions: How the NLRB’s New Employer-Friendly Majority Could Reshape Labor Law

In this second episode of our Labor Law Solutions podcast, shareholders Tom Davis (Nashville), Tom Stanek (Phoenix), and Brian Hayes (Washington), who co-chair the firm’s Traditional Labor Relations Practice Group, examine the confirmation of James Macy to the National Labor Relations Board (NLRB). Brian, who is a former NLRB member, offers his insights on what a third management-minded member means for reversing several pro-union precedents, including the bargaining order standard, the captive audience rule, and McLaren Macomb. The speakers also discuss the Supreme Court’s decision in Trump v. Slaughter, its implications for the constitutionality of removal protections applicable to board members, administrative law judges, and regional directors, and how the ruling affects pending constitutional challenges to NLRB proceedings.