Ryan Funk Highlights Potential Changes to NLRB Under Second Trump Administration for Bloomberg Law

In an article for Bloomberg Law, labor and employment partner Ryan Funk explained potential shifts for the National Labor Relations Board (NLRB) under President-elect Donald Trump’s second administration.

The article notes that Trump is expected to replace the current NLRB general counsel, name a new Republican chair of the board, and fill two open board seats giving GOP members majority control. Funk said that Biden-era rules are likely to be done away with it under the makeup of the new board.

“I expect that the Trump board will reverse anything that the Biden board did,” Funk noted. “They may not have time to get to all of it assuming they also have other initiatives they want to pursue.”

Funk added that the new Republican-led board could attempt to use court review to ditch Biden-era precedents with the potential review of the next Democrat majority.

“If the Supreme Court said Cemex is inconsistent with Gissel, that would remove it from the list of policy issues that will oscillate going forward,” he said. “Even if that strategy backfires and the court upholds it, presumably the agency would have room through adjudication and rulemaking to revert to the pre-CEMEX landscape.”