The NLRB Flexes its Muscles

Tampa Partner Steve Bernstein was quoted in the cover article "The NLRB Flexes its Muscles" in the August 2012 issue of HR Magazine. The magazine reported on the widening political divisions within Congress and between employers and organized labor. Several recent pro-labor rulings by the National Labor Relations Board (NLRB) have some business and political leaders claiming that board members have gone rogue in their support for workers at the expense of the business community. Union advocates argue that the 1935 National Labor Relations Act has been watered down and become ineffective at protecting workers. They support the board's recent rule changes and decisions they say help level the playing field. Steve noted that for HR professionals, uncertainty surrounding the NLRB's composition and actions compounds the potential for disruption. "The increased pendulum shifts have compromised the ability of HR and lawyers to provide guidance to their clients." He advises clients not to ignore the directives from the NLRB and U.S. Department of Labor. "Until the high court strikes them down, they will be enforced. We tell clients to prepare as if all the new rules and decisions will remain in effect."