In its first ruling since the last Obama-appointed NLRB Member left her seat, the now 3-member NLRB has reinstated the old rule that more readily defers to an arbitrator’s decision regarding unfair labor practice claims. Employers should take note that this indicates a major shift by the Board in favor of arbitral deferral not seen since 2014. This also might indicate that the NLRB is prepared to issue more rulings in 2020 despite that President Trump has not appointed any successors of the last two Democratic members who left the Board.
