Bloomberg BNA’s Daily Labor Report
James L. Morris, a partner at Rutan & Tucker LLP talked to Bloomberg BNA’s Daily Labor Report about why employers may have dodged at least one unpleasant surprise from the National Labor Relations Board this year. The clock has apparently run out on one of the board’s most notorious policy oscillation—or “flip flopping”—contests.
The NLRB has reversed course four times in the last 35 years on the issue of whether an employee at a non-union facility has the right to bring a co-worker into an investigative interview with management.
In its most recent ruling, the NLRB held in 2004 that non-union workers do not have any such right under the National Labor Relations Act.
The board’s position “has bounced back and forth over the years like a slow-moving ping-pong ball,” management attorney James L. Morris, a partner in Rutan & Tucker LLP told Bloomberg BNA April 13. However, the Democratic majority board didn’t act to restore the right to non-union employees during the Obama years, and now it’s too late, Morris said.