Last year the National Labor Relations Board got back in the game in a big way. Following a year in which it didn’t even have a fully constituted board or a confirmed general counsel, 2014 was a very different story. In March an NLRB regional director found that athletes at Northwestern University qualify as employees—a decision the board is reviewing. In July general counsel Richard Griffin found that McDonald’s is a joint employer and authorized complaints against the company based on the employment practices of franchisees. And in December it added a decision that immediately sparked controversy.
In that decision, a divided board adopted a new rule that speeds up and simplifies the process for holding union elections. NLRB Chairman Mark Gaston Pearce said the 733-page rule is designed to ensure that the “representation process remains a model of fairness and efficiency for all.” However, the board’s two Republican members criticized it as “the Mount Everest of regulations: massive in scale and unforgiving in its effect.”
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