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12.31.19

In a flurry of decisions issued this month, the Republican majority on the National Labor Relations Board overruled several Obama-era decisions.

The decisions concern employer rules for confidentiality in investigations, employee use of employer email systems, and ending union dues checkoff after expiration of a collective bargaining agreement that includes a checkoff provision. On each issue, the majority of the Board appointed by President Obama sided with organized labor and rejected employers’ arguments. The Trump majority has now swung the other way, largely back to previous longstanding interpretations of the National Labor Relations Act.

In all of the following decisions, the majority consisted of Chairman John F. Ring, joined by fellow Republican Members Marvin E. Kaplan and William J. Emanuel. Member Lauren McFerran, the sole Democrat on the Board until her term expired on December 16, dissented. (She dissented only in part from the Caesars Entertainment decision.)

Legal update panel