There have been several important developments recently involving the National Labor Relations Board:
(1) On July 26, 2024, the Board issued its Fair Choice–Employee Voice Final Rule, which restored three policies that the Trump-era Board had scuttled— the blocking charge policy, voluntary union recognition, and parity for construction industry unions.
(2) The NLRB dropped its appeal of a court ruling that invalidated its October 2023 joint employer rule. The NLRB’s July 25, 2024, withdrawal of its appeal could signal that a new rulemaking process is on the horizon.
(3) Some federal courts hearing lawsuits challenging NLRB actions have indicated agreement with employers’ assertions that the NLRB itself or parts of its enforcement regime are unconstitutional.
(4) On August 1, 2024, the Senate Health, Education, Labor, and Pensions (HELP) Committee advanced two NLRB nominations to the full Senate. If the full Senate confirms President Biden’s nominees—Joshua Ditelberg, a Republican, to fill a vacant position; and Board Chair Lauren McFerran to serve another five-year term after her current term expires in December—the NLRB will have a Democratic majority through at least August 2026, regardless of the November election results.