The agency faces two court challenges to recent rulemakingsone that requires employers to post a notice of employee rights under the National Labor Relations Act, and another that speeds up the process for conducting workplace elections when employees vote on unionizing.
The elections rule was struck down by U.S. District Court for the District of Columbia in May on procedural grounds and is now on appeal, said Morgan, Lewis & Bockius partner Jonathan Fritts, who represents intervenor the U.S. Chamber of Commerce.
"I don't expect the board to pursue a lot of further rulemakings" in Obama's second term, Fritts said. "I think they'll try to rehabilitate what they've done on these two."
Added Cary, "It should be a fascinating four more years."
Jenna Greene writes for The National Law Journal, a Daily Report affiliate.