National Labor Relations Board Reiterates Its Commitment To Creating Employee Friendly Policies

In this article, the authors explain that, in light of recent decisions, employers should be prepared to address employee complaints that could fall into the category of concerted activity or protected advocacy on behalf of nonemployees in a manner that complies with the National Labor Relations Act.

An ideologically recalibrated (and motivated) National Labor Relations Board (NLRB) has yet again modified several Trump-era rules regarding representation case procedures and expanded the scope of protected concerted activity and protections for non-employees. In recent moves, the NLRB simplified the representation process by quickening each step required for employees seeking to unionize, and expanded the scope of protected concerted activities. Through issuance of the Final Rule and two recent rulings, the NLRB has again reinforced the Biden administration's pro-labor commitments.