NLRB’s Rulemaking Push May Test Agency’s Regulatory Chops

May 24, 2019, 4:59 PM

The National Labor Relations Board’s ambitious slate of regulatory plans likely will test the agency’s rulemaking capacity, depending on when it hopes to finalize the new rules, law professors and former board members said.

The NLRB has almost exclusively determined the rules for labor-management relations in the private sector by interpreting the National Labor Relations Act in individual case rulings. While the board decides hundreds of cases each year, it’s only completed two regulations in the last 30 years that survived court challenges.

The agency announced a regulatory agenda this week that includes new rulemakings on the employment status of ...

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