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Update on NLRB and What Employers Can Do Now

As you have likely heard, President Obama made recess appointments of two Democratic nominees to the National Labor Relations Board (NLRB), Craig Becker and Mark Pearce.  President Obama did not make a recess appointment of his announced Republican nominee, Brian Hayes.

When Mr. Becker and Mr. Pearce join Chairman Wilma Liebman, a former attorney for the Teamsters and the Bricklayers, they will form an effective majority on any case or rulemaking issue before the Board.  Not surprisingly, “labor friendly” changes to NLRB precedent and procedure are expected by many to begin almost immediately.

It is critical that an employer interested in remaining union free should develop and communicate a clear position concerning unions that is consistent with its industry and individual situation.  In order to be successful, employers should take time to analyze: (1) training and advancement opportunities for employees; (2) handbooks and policies affecting employees; (3) any concerns for workplace safety; (4) orientation/training procedures; (5) the employees’ perceptions of management compensation; (6) reporting structure/control issues; and (7) lawfully incorporating employee feedback into the management process.  An employer interested in remaining union free must also train its front-line supervisors to understand the employer’s position and to react properly to any “warning signs” of union organizing. 

To the extent that your organization needs any assistance with developing and/or implementing these strategies, the attorneys from Greenebaum Doll & McDonald’s Labor and Employment Practice Group are ready to devote their decades of experience to your efforts and long-term success.

To learn more about Philip C. Eschels and his practice, please visit his profile.


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About Greenebaum Doll & McDonald PLLC
Greenebaum Doll & McDonald PLLC is a widely-respected business law firm with approximately 170 professionals in five offices, serving local, national and international clients in virtually every industry. A forward-thinking business law firm, Greenebaum is committed to the practice of Breakthrough Law®.

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  • Partner

    Phil is a partner and former co-chair of the Labor and Employment Department. He represents employers in defending against employment-related claims in both federal and state courts. He represents clients involving covenants not ...

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