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ARTICLE · 29 MARCH 2022

Labor Board Has Yet To Issue Significant Decisions Under Biden – Why?

It has been approximately six months since President Biden cemented a majority at the National Labor Relations Board (NLRB), and we have yet to see a major precedent-altering decision issued.

United StatesEmployment and HR

It has been approximately six months since President Biden cemented a majority at the National Labor Relations Board (NLRB), and we have yet to see a major precedent-altering decision issued. Why? A new report, Biden Labor Board Progress Slowed by Covid, Briefing Speed Bumps, from Bloomberg offers some insight. 

According to the report, "The Biden NLRB has been moving at a deliberate pace, calling for comments from outside parties in five cases in which it's considering changes to board law. The comment period for its most recent invitation for briefs, which deals with mandatory arbitration agreements, closed March 21. The Trump board in 2017 dashed out of the gate with a series of five precedent-setting decisions less than three months after Republicans formed a majority. None of those cases were open to public briefing. The board is reconsidering two of those rulings."

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