Labor Relations Law Blog

The flip-flops in rules of labor law between Administrations are expected to continue in 2025.  It is widely expected that President Trump will appoint a new NLRB General Counsel.  And, with the failure of President Biden’s NLRB Chair, Lauren McFerran, to achieve re-confirmation to the NLRB panel, President Trump is expected to appoint new members and a new Chair. 

On December 16, 2022, the National Labor Relations Board issued a decision in the case of Bexar County Performing Arts Center which restricts the right of property owners to restrict the right of employees who work on the property to engage in protest activity that is protected by the federal labor laws.  The Board held in that case that a San Antonio, Texas performing arts venue did not have the right to evict employees of a symphony who distributed leaflets at the site protesting its decision to use recorded music instead of live musicians for a production of a classical music production, which stated that the patrons paid for and deserved to “DEMAND LIVE MUSIC!” The site owner had prohibited the symphony’s employees from distributing leaflets anywhere on its property.

For the first time in years the NLRB’s five-member Board, which decides cases and enacts regulations, has a Democratic majority.  The Board will decide cases as presented.  It is expected that case rulings will revise legal standards applicable to the workplace and reverse decisions from the previous Administration and the previous Republican majority on the Board.