Gillian Santos

For decades, following the Supreme Court’s decision in NLRB v. Burns International Security Services, the National Labor Relations Board generally required a buyer that purchased a unionized operation and retained a majority of the incumbent workforce to negotiate with the existing union. The buyer is a “successor,” and the Board has, in turn, established the “successor bar” doctrine requiring a successor to recognize and bargain with the incumbent union—regardless of any good-faith belief or evidence as to the incumbent union’s

The acting general counsel for the National Labor Relations Board on Friday rescinded numerous general counsel memoranda on key Biden-era policies and priorities issued by his predecessor. William Cowan’s memorandum indicates the first significant shift in labor policy priorities under the Trump Administration, previewing fewer restrictions on employers in the next four years. Although GC memos are non-binding, they provide enforcement guidance for NLRB Regional Offices and inform unions and employers of recent developments in board law and policy. New Priorities Impact