The National Labor Relations Board (NLRB) has regained a quorum after nearly a year, allowing the agency to resume issuing rulings. While this development is positive, it comes amidst an alarming backlog of unresolved cases that have accumulated during a period of inactivity. According to a recent report from Bloomberg Law, the NLRB is currently grappling with a backlog of over 500 cases.
The NLRB managed to function in a limited capacity over the past year through a series of delegations. Nonetheless, its inability to make decisions has resulted in a substantial accumulation of unresolved cases. In his Senate nomination hearing more than three months ago, NLRB member Murphy highlighted the challenges posed by the backlog, indicating an urgent need for action.
Strategies to Address the Backlog
To tackle this backlog, the NLRB, under the leadership of its new General Counsel, Crystal Carey, may draw inspiration from the strategies implemented by former General Counsel Peter Robb. During Robb’s tenure, the agency significantly reduced processing times by enforcing strict deadlines on all parties involved in proceedings. This approach resulted in a notable decrease in case processing times, a trend that reversed after Robb left his position.
In addition to addressing the backlog, the NLRB faces the task of reviewing and potentially overturning significant precedents established during the previous administration. Changes could include modifications to decisions that facilitated union representation rights, expanded remedies against employers, and stricter requirements regarding waiver language in labor agreements. Furthermore, the agency may scrutinize standard employment policies, including severance agreements.
With the current landscape shifting, stakeholders can anticipate guidance from General Counsel Carey about her priorities for change. She is expected to issue important memos outlining the agency’s direction and focus areas in the coming months.
As the year progresses, the NLRB is poised for transformation. The agency’s actions will likely have far-reaching implications for labor law, impacting both employers and employees. As developments unfold, it is crucial to stay informed about the evolving landscape of labor relations and the NLRB’s role within it.
