Ogletree Deakins' Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2025 issue of the Practical NLRB Advisor. This issue discusses the host of challenges, both internally and externally, that the National Labor Relations Board (NLRB) is currently facing. From a legal perspective, several of these challenges are arguably existential. However, wholly apart from the constitutional re-assessment of the agency and its structure, there is an even more compelling policy debate that is asking if the agency and the statute that it enforces are misaligned and out of step with today's workplace.
The National Labor Relations Act (NLRA) is, after all, ninety years old. It was born amid significant labor unrest that often led to clashes between employees and their employers. And it was enacted at a time when most affected workers were engaged in the kind of manual labor or factory work that predominated in the early twentieth century. Moreover, there was no comprehensive overlay of state, local, and federal law that governed wages, hours, working conditions, health and safety, and retirement programs. Such hallmarks of early turn-of-the-century employment seem almost alien today.
Today, the nature of work itself is rapidly evolving with large swaths of the employment landscape becoming more skilled, technical, and entrepreneurial every day. Today's employees are more mobile, and their relationship with their employers is often transactional. Most employers now recognize that employees are their most valuable asset and that recruiting and retaining them simply makes good business sense. The classic tension between labor and management is being replaced by a growing realization that the relationship is far more symbiotic than it is antagonistic. Add to this the fact that both state and federal governments have assumed a major role in regulating the workplace.
Given this reality, some are questioning if the NLRA is fast becoming an anachronism, a relic of a very different industrial economy. Perhaps. But response always lags behind realization, and that is particularly true where legislation is involved. So, it is unlikely that the revolution is here, but it is undeniable that there is something in the air.
We hope you will enjoy this issue of the Practical NLRB Advisor on the latest developments at the NLRB. We will issue the next edition in the coming months. Please let us know if you have any questions.
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