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The NLRB in 2007

By Paul Snitzer and Christopher Durham
March 28, 2008

In 2007, the National Labor Relations Board ('NLRB'), a majority of which was composed of appointees of President Bush, issued a series of important and, in some cases, unanticipated decisions. To the labor community, the decisions represented a significant roll-back of well-established employee rights, while to the management community, they represented hard-won but less-than-revolutionary changes in some settled rules.

In any case, while certain of these decisions can be objectively viewed as surprising, in light of Supreme Court and other federal precedent, at least some in the management community may argue that a similar surprising spate of decisions, although with a pro-labor bent, emanated from the National Labor Relations Board at the tail-end of the Clinton administration.

Now, with the 2008 election rapidly approaching, whether these 2007 decisions are fated to become solidly enshrined Board precedent, or subject to being overruled by a newly constituted Board, is, like so much else, at stake.

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