New Orleans        We knew it was going to be a beat down for workers’ rights that had been expanded under the Biden National Labor Relations Board (NLRB), and now we’re getting the early reports from the acting general counsel, and it’s not pretty.

Matt Bruning and his NLRB Edge started doing the list with a half-dozen hard hits, so that we can all feel the pain, but these were highlights of thirty rescinded orders that were issued, and it doesn’t include some that are likely to come that are even more far-reaching, but here we go:

• No to college athlete unions. No surprises here, because the Biden NLRB had not really settled the question, despite athletes at Northwestern University winning a certification election.   Biden’s star general counsel, Jennifer Abruzzo had ruled that they were employees and were covered.  The athletes didn’t appeal so there wouldn’t be bad law, but this leaves college players out in the cold for now.
• No to prosecuting non-compete agreements, stay-or-pay rules, training repayment assistance provisions, and other clauses that limit worker mobility. This is another situation where the Board never ruled, despite Abruzzo litigating a number of cases which ended in settlements.  Limited mobility for workers means reduced wages and expanded boss power, but we’re back to where we were, which means employers won’t risk an NLRB charge for such threats and promises.
• Overturning restrictions on including confidentiality and non-disparagement provisions in severance agreements. The Board did rule here, so the new general counsel, once there is one, will be case fishing to find something to get the new board to overturn.
• Overturning make-whole remedies for victims of unfair labor practices. This one really will hurt.  The penalties for bad behavior by companies are so lame now that they are just the price of doing business for them to fire and discipline workers illegally.  The Biden board had expanded compensation appropriately, but again, the signal is that they will try to roll this back.
• Overturning lower standard for bargaining orders. The Cemex decision was a breakthrough that unions didn’t really take advantage of as much as we might should have done.  Bruning points out that they are already using a case with Wells Fargo to seek an overturn.
• Overturning the prohibition of captive-audience meetings.  Ruling that mandatory captive audience meetings were illegal in an Amazon case was huge, potentially taking away a key employer campaign tool.

There are big shoes that they will try to drop around joint employers and other critical organizing and bargaining issues.  Big boys like Amazon and Starbucks will be looking to make a deal and have some problems go away.  The Trumpers do have a problem though.  Having gutted the board to only two members, they have no ability to make any decisions including trying to wheedle their way to overturn some of their hearts’ desires.  The Democratic member that was jettisoned has filed suit in what looks like a good case, so that’s going to have to play out as well.

Nothing with the NLRB moves quickly, so in some ways all of the above is a wish list from the new pro-business boys, leaving what they don’t like in force for now.