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Top NLRB Precedents in Jeopardy Under an Obama Labor Board


January 20, 2009

Law.com reports that the National Labor Relations Board will undergo a changing of the guard in 2009.  The article reports that the new guard is expected to roll back precedent set by the "Bush Board" between 2004 and 2007.  Among the employer-favorable precedents that may be reversed by the new Board are:

  • Dana Corp., in which the Board held that an employer’s voluntary recognition of a union did not bar a decertification or rival union petition filed within 45 days of notice to the employees of the voluntary recognition;
  • Harborside Healthcare, holding that solicitation of authorization cards by employees later determined to be supervisors is inherently coercive and subject to challenge by the employer; and
  • Register Guard, finding that employers may promulgate and enforce “business only” e-mail policies.


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