Our Labor Relations thought leaders have pulled together their top predictions for the new year so that employers can get a running start to 2025.
A New NLRB General Counsel Will Undo Much of the Current GC’s Prosecutorial Efforts
We expect Donald Trump to jettison Jennifer Abruzzo in short order (which may have already happened by the time you’re reading this) and appoint a new NLRB General Counsel. The new GC will likely abandon some of Abruzzo’s more aggressive prosecutorial agenda items (such as directing agency investigators to target workplace surveillance and other electronic monitoring) and may decline to prosecute certain pending cases.
Over Time, New Board Leaders Will Chip Away at the Biden Board’s Gains
Once Republicans take control of the Board, we will see decisions such as Cemex, McLaren, Stericycle, and Thryv overturned (not to mention a federal appeals court just curtailed the expanded powers the NLRB granted itself in Thryv, and we expect further judicial scrutiny of the controversial 2022 decision). We’ll also see a recission of the “quickie” election rule and a return to more equitable decertification procedures. But employers must realize that undoing these decisions will take some time, even though President Trump inherited two Republican vacancies on the Board – meaning he can shift the Board’s partisan control as soon as his forthcoming nominees are confirmed by the Senate.
The Labor Relations Arena Will Be Under Court Scrutiny
Between the end of Chevron and the new Trump administration, we will see balance restored when it comes to federal labor law policy. Employers will have not only a new powerful tool to fight back against regulatory overreach under Loper Bright (perhaps paving the way for a lower threshold to challenge the Board’s ever-expanding interpretation of “protected concerted activity,” as well as decisions impacting both unionized and non-unionized employers) but also more leeway over the next four years under President Trump.
But Expect Some Pro-Labor Twists
A key Republican Senator recently surprised employers by pushing for a “Pro-Worker Framework” – a proposed law that would significantly tilt the playing field to the benefit of unions and labor advocates. It remains to be seen whether this is a plan destined to go nowhere or the start of a true labor revolution, but this mini-PRO Act could gain traction if other Republican lawmakers and President Trump start showing support for it. In addition, Trump shocked employers when he announced Lori Chavez-DeRemer as his nominee to lead the U.S. Department of Labor.
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