It is too early to make any real judgments about exactly how Trump’s presidency will impact the world of labor relations. Phil has already addressed the possible impact on the NLRB specifically, but if you want to review a few other prognostications, here’s a recent list. We won’t spend much time on theory, but will keep you apprised once words become actions.
Chicago Tribune: How will the workplace change under Trump? Here are a few clues, issues
International Labor Rights Forum: Trump’s Pro-Worker Rhetoric: Reality or Ruse?
National Law Review: What to Expect From a “Trump” NLRB
Washington Examiner: Labor awkwardly promises to work with Trump
Labor Secretary Nominee Andrew Puzder
For only the second time in history, both houses of Congress used the Congressional Review Act to approve a disapproval resolution for a federal regulation, this time the Ambush Election rule promulgated by the NLRB. The House passed the measure by a 232-186 vote, but the Senate’s 53-46 tally is 14 votes short of the ability to override the sure-to-come veto. Interestingly, the first time this strategy was used in 2001 was to bury a another labor rule, from the outgoing Clinton administration.
The NLRB meanwhile began training regional office employees March 16 to manage affairs under the new rule, and is also holding educational meetings for labor law practitioners March 23 through April 13.
The Supreme Court handed the DOL and NLRB (and other federal agencies) a huge victory in Perez v. Mortgage Bankers Association, potentially opening the floodgates to speedy rule changes or additions. Prior
Continue reading Union Bailout Update
Looks like the NLRB may not suffer an extended gridlock at the end of Nancy Schiffer’s term. President Obama teed up Sharon Block as her replacement, and last week the Senate Health, Education, Labor and Pensions (HELP) Committee approved her, all but assuring her confirmation to the post. The execution may be a bit tricky, as the Democrats seem loathe to bring the issue to a vote prior to the November elections, not wanting to give the Republicans any useable ammunition prior to that contest. However, Schiffer’s term expires in December, so there may be a tight window to push her confirmation through in time to prevent the board experiencing at least some period of gridlock.