Trump-Era NLRB Ruling Kept Intact Test for Anti-Union Bias (1)

The National Labor Relations Board effectively nullified a Trump-era ruling on what it takes to show that employers violated federal labor law by retaliating against employees for their union activity.

Instead of overturning its 2019 decision in Tschiggfrie Properties Ltd.—as NLRB General Counsel Jennifer Abruzzo advocated—the board said in a decision posted Monday that ruling never changed the legal test from its 1980 ruling in Wright Line, which is used to determine whether an employer penalized workers in response to actions protected by federal labor law.

“In Tschiggfrie, the Board unnecessarily tried to clarify the Wright Line ...