Labor Law Insider host Tom Godar is joined by Husch Blackwell attorneys Mary-Ann Czak and Rufino Gaytán in Part II of our post-election analysis of labor law and policy. 

The Insiders discuss anticipated Trump administration changes that will likely reverse some of the policies and decisions of the current National Labor Relations Board (NLRB) and its General Counsel. Our guests review seminal cases reflecting the current Board’s interpretation of the NLRA, which have redefined unfair labor practices and the reach and authority of the NLRB. 

Also included is a brief discussion of the very surprising nomination by President-elect Trump of Lori Chavez-DeRemer to lead the Department of Labor. This pro-union pick is causing consternation and speculation among those in the employer community. Join us for this must-listen installment of the Insiders for perspectives on where labor policy could be headed under a second Trump administration.

Husch Blackwell attorneys Mary-Ann Czak and Rufino Gaytán join Labor Law Insider host Tom Godar in a post-election analysis of anticipated policy changes in connection with the incoming Trump administration. 

The National Labor Relations Board (NLRB) became stridently pro-union under the leadership of its General Counsel Jennifer Abruzzo and the majority of the board members appointed by President Joseph Biden. Through decisions and general counsel memos, the board marched an aggressive path extending the reach of the National Labor Relations Act, including shortening the time for elections, upending a decades-long election process, stiffening remedies for unfair labor practices, and skewering employer policies in both union and nonunion settings.

In Part I of our discussion, our guests explore both the process to be undertaken to appoint new board members and a new general counsel and the pace at which that might happen, as well as policy changes which could be expected even in the first days and months of the Trump administration. The discussion will carry over into Part II, where we will address specific decisions, as well as the risks and benefits of anticipating a more neutral NLRB on the horizon. Join us for this fascinating post-election discussion on the Labor Law Insider.

Husch Blackwell partner Tyler Paetkau joins Labor Law Insider host Tom Godar to discuss the latest assault on non-compete agreements and their various iterations. While an August 2024 district court order enjoined the Federal Trade Commission’s recent action to ban virtually all non-compete agreements, and the FTC has since withdrawn its noncompete opinion, the National Labor Relations Board (NLRB) continues its campaign against non-competes, with NLRB General Counsel Jennifer Abruzzo publishing a memo last month doubling down on the policy position reflected in her May 2023 memo, namely, that “overbroad” non-competes are unlawful.

Listen to this instructive exchange between Tom and Tyler as they walk through recent pronouncements from the NLRB on non-compete agreements and the remaining exceptions that might provide an opportunity for employers to continue with narrowly tailored agreements to assist employees on accepting employment opportunities, finding educational opportunities, and more.

In Part II of this exclusive Labor Law Insider podcast, former National Labor Relations Board Assistant Regional Director Rebecca Dormon continues to share her story of becoming a whistleblower against the federal agency she served for 25 years. Husch Blackwell’s Tom Godar and Megann McManus—and now you—are the first to hear the details of this transformative journey that shines a light on irregularities impacting mail ballot NLRB elections to the advantage of organized labor. 

In this episode, Rebecca shares deep concerns that the Board is no longer a neutral agency protecting employees’ rights but is yielding to pressure to be a union tool. Please join us for the conclusion of this first-hand, behind-the-scenes glimpse of agency action and a candid discussion of NLRB bias.

The Labor Law Insider is excited to share this episode, an exclusive interview with Rebecca Dormon, former assistant regional director of the National Labor Relations Board (NLRB) Region 15, as she shares her story for the first time of election abuse in ballot elections conducted over the last year and a half. Rebecca tells host Tom Godar and Husch Blackwell attorney Megann McManus how she became a whistleblower, shines a light on the improprieties and irregularities corrupting mail ballot NLRB elections across the country, and explains how the revelation led to a broader investigation into how elections were conducted across the agency.

After decades of service with the NLRB, specializing in conducting elections “by the manual,” Rebecca was compelled to take on the unenviable role of a whistleblower and ultimately move into the role of labor relations consultant to guide and train employers in NLRA compliance. Rebecca’s story sheds light on the concerns of private businesses regarding the NLRB’s role as a neutral agency in union organizing efforts. Join us for this first-hand, behind-the-scenes glimpse of agency action and a candid discussion of NLRB bias.

In part two of this thought-provoking podcast episode on the tricky business of collective bargaining, Husch Blackwell attorneys Jon Anderson and Adam Doerr share war stories and real-life advice with host Tom Godar. Their discussion covers, among other items, how to deal with theatrics at the bargaining table, what to do when it looks like negotiations are getting stuck, and how do you bring bargaining to a close. There is art, science, and law involved in good-faith bargaining, and being prepared—long before seeing the union at the table—is the key to success. Veteran bargainers will be nodding their heads, and those new to the bargaining table will walk away with a whole new bag of tricks. Join us for part two of this practical episode of the Labor Law Insider podcast.

Our Labor Law Insiders tackle the tricky business of collective bargaining in parts one and two of this Labor Law Insider. Host Tom Godar shares the microphone with Husch Blackwell attorneys Jon Anderson and Adam Doerr who have spent countless hours with scores of unions locked into the process of collective bargaining. Listen to their insights on bargaining preparation, agreements between the parties as to the bargaining process, how to move past being “stuck” in the process. These Insiders offer insights on avoiding some of the real stumbling blocks of the bargaining process, while recognizing the possibility that even bargaining in good faith is no guarantee that strikes will never occur. Folks new to this process will be entertained and encouraged, and even bargaining table veterans will gain new insights. Join us for this practical episode of The Labor Law Insider podcast. 

Labor Law Insiders Trecia Moore, Megann McManus, and Terry Potter continue their discussion with Labor Law Insider host Tom Godar regarding remedies the National Labor Relations Board is trying to impose for unfair labor practices. The Fifth Circuit overturned the Board’s Thryv decision and described the Board proposed remedies as “Draconian” and containing a “novel, consequential-damages-like labor law remedy” not generally available under the National Labor Relations Act. The Insiders also consider the aggressive remedies imposed by the Board in the Cemex case, mandating union recognition and issuing a bargaining order upon an employer whose unfair labor practice occurred in the course of a union campaign.  Listen to the practical discussion reviewing these developments and some takeaways that can help companies manage regulatory risk.

Labor Law Insider host Tom Godar engages in a lively discussion with guests Trecia Moore, Megann McManus, and Terry Potter regarding remedies in matters involving unfair labor practice charges. The centerpiece of our discussion is Thryv, Inc. v. National Labor Relations Board, a recent case in which the Fifth Circuit Court of Appeals took up questions relating to a National Labor Relations Board (NLRB) order that sought to challenge and reverse a company’s unilateral layoffs during a bargaining impasse. The employer, a Yellow Pages advertising vendor, had properly and legally implemented its Last Best Final Offer (LBFO) protocols and instituted its workforce reduction per the LBFO, but the union charged it with unfair labor practices before the NLRB anyway. What ensued next was unusual, even for the Biden administration’s NLRB. The Board overruled its own administrative law judge (ALJ) when the ALJ returned only a partial victory in the Board’s in-house venue and slapped Thryv with what the circuit court later called “a novel, consequential-damages-like labor law remedy.”

We explore what made the Board’s order noteworthy, why the circuit court ultimately dismantled most of it, and the likely future for so-called make-whole remedies.

Labor Law Insider host Tom Godar continues his engaging conversation with Insiders Mary-Ann Czak and Terry Potter as they assess the challenges employers face from numerous recent policy reversals offered by the National Labor Relations Board. Mary-Ann and Terry work through real-life scenarios in light of these changes, which now force employers to rethink how they approach drafting policies and monitoring and disciplining employees for workplace and online behaviors. In part two of this fascinating exchange, the Insiders offer suggestions on how to engage and train frontline supervisors and how to approach employee communications and decision-making in light of the expanded definition of protected and concerted activities. Join us for continuation of this lively discussion.