NLRB Issues Four Decisions In Five Days

As the holiday season approaches, the National Labor Relations Board ("NLRB") issued four pro-labor decisions of varying impact. One decision maintains the status quo; two decisions return to an Obama-era standard, and the fourth creates an entirely new remedy for unfair labor practice cases. Each case will be addressed in turn below.

Maintaining the Status Quo: When Employee Interviews Are Lawful

In Sunbelt Rentals, Inc., the NLRB opted to maintain the long-standing bright-line standard used by employers when questioning employees in preparation for an unfair labor practice hearing. The NLRB stands by the Johnnie's Poultry standard, arguing that it balances the employer's right to defend itself against labor law violations with the employee's right to be free from coercive questioning.