Developments Under the National Labor Relations Act

Last year was an active and varied one for the National Labor Relations Board, with rulings addressing employees’ use of social media, mandatory arbitration policies prohibiting class or collective actions, and dues checkoff. In this BNA Insights article, attorneys J. Ian Downes, Jennifer L. Burdick, and Alan D. Berkowitz discuss the significant rulings of 2012.

Although NLRB’s attempts to implement changes through the rulemaking process stalled in the federal courts—at least temporarily—the board continued to expand the scope of the National Labor Relations Act, particularly as applied to nonunion employers, the attorneys observe. While the D.C. Circuit’s Noel Canning case has created some uncertainty about NLRB’s authority, the board continues to issue decisions until that question is resolved.

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