The Second Obama Term: NLRB Outlook

Employers should expect a continuation of the policies from the last four years as the NLRB seeks to extend the reach of the NLRA to nonunion workplaces and promotes increased unionization and collective bargaining.

As the second term for the Obama administration begins, employers can expect that the next four years will bring more of the same at the National Labor Relations Board (NLRB or Board), although it is likely that new members will join the Board. Legislative changes to the National Labor Relations Act (NLRA or Act) remain highly unlikely in the near term, and, as such, the Board is expected to continue pursuing a similar agenda. This agenda will include its union-election and notice-posting rulemaking initiatives, both of which currently are subject to challenge in the federal courts. The Board also may pursue other rulemaking initiatives, including electronic voting procedures for union representation elections. With respect to Board decisions, employers