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For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025. While we anticipate that President-elect Trump will immediately terminate the current General Counsel (and Deputy General Counsel)—just as President Biden did on his first day in office (previously covered here and here )—exactly when the majority of the Board will flip from Democrat to Republican is far less certain. We discuss below the range of potential outcomes and the impact on employers within the NLRB’s jurisdiction. Expected Changes To The NLRB’s Prosecutorial Agenda 1. President-Elect Trump Likely Will Fire GC Abruzzo Shortly After Inauguration. Shortly after his January 20, 2025 inauguration, we expect President-elect Trump to fire current NLRB General Counsel Jennifer Abruzzo (“GC Abruzzo”), replace GC Abruzzo with an Acting General Counsel (presumably with a pro-employer track record within the agency), and then nominate a pro-employer successor NLRB General Counsel (“Successor NLRB GC”), who is unlikely to face substantial opposition to confirmation from a 53-47 Republican-controlled Senate. Once confirmed, the Successor NLRB GC will play a significant role in directing the Regions in their investigation of unfair labor practice charges, deciding the cases on which to issue complaints, and seeking Section 10(j) injunctive relief. 2. The Acting NLRB GC Likely Will Rescind GC Abruzzo’s Pro-Employee Guidance Memoranda Before A Successor NLRB GC Is Confirmed. Well before a Successor NLRB GC is confirmed, however, whomever President-elect Trump designates as Acting NLRB GC will have the opportunity, as predecessors have done , to rescind some or all of GC Abruzzo’s memoranda that established pro-employee enforcement priorities. It is important to note, however, that President-elect Trump garnered some support from certain labor-union leaders during his campaign and made significant inroads with unionized employees at the ballot box—despite organized labor historically comprising a stronghold for the Democratic Party. So whether the Trump administration will seek to fully reverse GC Abruzzo’s agenda remains an open question, particularly in light of President-elect Trump recently announcing Rep. Lori Chavez-DeRemer (R-Ore.) as his Secretary of Labor nominee. While Rep. Chavez-DeRemer would lead the Department of Labor—not the NLRB—as Secretary of Labor, many consider her nomination to be surprising because of her unusually pro-union record (at least for a Republican). Indeed, among other things, Chavez-DeRemer—whose father was a member of the Teamsters, a union which reportedly supported her nomination—was one of only three Republicans in the House of Representatives to co-sponsor the Protecting the Right to Organize Act of 2023 (“PRO Act”), a strongly pro-union bill that Democrats have repeatedly sought (and failed) that would drastically overhaul the NLRA in various respects, such as by prohibiting employers from permanently replacing strikers. (We covered previous efforts to pass the PRO Act here , here, here , here , and here .) In any event, the following pro-employee initiatives advanced by GC Abruzzo during her tenure are vulnerable for rescission by the Acting (or Successor) NLRB GC: Expanded Remedies in Unfair Labor Practices: Memoranda GC-21-06 and 24-04, previously covered here and here , which advised all NLRB Regional Offices to urge the Board to exercise its broad discretion in fashioning more fulsome relief for workers impacted by unfair labor practices, including make-whole remedies to cover the cost of economic losses (such as such as healthcare expenses incurred as a result of an unlawful termination of health insurance). “Employee” Status: Over the years, whether certain groups are considered “employees” under the NLRA has served as a partisan football as well—most recently vis-à-vis college athletes. Richard Griffin—the NLRB GC during President Obama’s second term—issued a memorandum at the end of his term in January 2017 declaring Division I Football Bowl Subdivision scholarship football players (among other university faculty and students) to be statutory “employees,” which was then rescinded by his successor, Peter Robb. Then, Robb’s successor, GC Abruzzo, issued Memorandum GC 21-08 in 2021, previously covered here , taking the legal position that college athletes are employees under the NLRA. (As discussed here , here , and here , the employment status of college athletes remains an open question under two ongoing cases before the NLRB involving the University of Southern California and Dartmouth, respectively.) Similarly, the NLRB’s position as to the employment status of graduate students has vacillated, depending on the Board’s political composition; most recently, in 2016, the NLRB held that that certain graduate students performing teaching or research services under university control in exchange for compensation were employees. See Columbia Univ. , 364 NLRB 1080 (2016) (overruling Brown Univ. , 342 NLRB 483 (2004), where the Board held that graduate-student teaching and research assistants were not employees). Whether the Successor NLRB GC under the second Trump administration will seek to change the status quo vis-à-vis the employee status of college athletes, graduate students, and/or other groups falling along the margins ( e.g. , unpaid interns, volunteers, etc.) remains an open question, particularly given that President-elect Trump has not publicly staked out a position on this issue. Employee Monitoring: Memorandum GC 23-02, previously covered here , in which GC Abruzzo advocated for zealous enforcement and Board adoption of a “new framework” to protect employees from intrusive or abusive forms of electronic monitoring and automated management that interfere with protected Section 7 activity. Confidentiality and Non-Disparagement Clauses: Memoranda GC 23-05, previously covered here , which advised Regional Directors to advance enforcement of McLaren Macomb , 372 NLRB No. 58 (2023) (previously covered here ), where the Board found that broad confidentiality and non-disparagement clauses in severance agreements violate Section 8(a)(1). Non-Compete Agreements and “Stay-or Play” Provisions: Memoranda GC 23-08 and GC 25-01, previously covered here and here , which contend that non-compete agreements, “stay-or-pay” provisions and employee non-solicit agreements are unlawful under the NLRA. Section 10(j) Injunctive Relief: Memorandum GC 24-05, previously covered here, which implored all Regional Offices to continue “aggressively seek[ing] Section 10(j) injunctions,” despite the Supreme Court’s recent decision in Starbucks Corp. v. McKinney (previously covered here ) that upheld a more heightened burden for the Board to obtain injunctive relief in federal district court. 3. The Successor NLRB GC Likely Will Preview The Precedent-Altering Cases That Will Reach The Board. We expect the successor NLRB GC, once confirmed, to issue memoranda detailing legal issues on which Regional Directors are required to submit to the NLRB’s Division of Advice for consultation, which preview enforcement and policy priorities by identifying the Board precedent the new GC wishes to challenge. (We expect such memoranda to be swiftly issued, as both Robb and Abruzzo did so within a month of taking office, as previously covered here and here .) We anticipate that many of the legal issues for which the successor GC may mandate submission to the Division of Advice may involve some of the groundbreaking pro-employee precedent established under the current Board, including: Voluntary Recognition and Election Conduct: Cemex Construction Materials Pacific, LLC , 372 NLRB No. 130 (Aug. 25, 2023) , previously covered here , where the Board held that an employer violates the Act when it refuses to recognize, upon request, a union that has been designated as Section 9(a) representative by the majority of employees in an appropriate unit unless the employer promptly files an RM petition with the Board to test the union’s majority status or the appropriateness of the unit, assuming that the union has not already filed a RC petition. And after a petition is filed, if an employer subsequently “commits an unfair labor practice that requires setting aside the election, the petition will be dismissed, and the employer will be subject to a remedial bargaining order.” The Cemex decision is currently being appealed to the Ninth Circuit, which heard oral argument on October 21, 2024 (discussed here ). Make-Whole Remedies: Thryv, Inc. , 372 NLRB No. 22 (Dec. 15, 2022) , previously covered here , where the Board expanded its standard make-whole remedy for employees to include compensation for “all direct or foreseeable pecuniary harm.” Broad Confidentiality and Non-Disparagement Clauses in Severance Agreements: McLaren Macomb , 372 NLRB No. 58 (Feb. 21, 2023) , previously addressed here , where the Board overruled prior precedent, finding that broad confidentiality and non-disparagement clauses in severance agreements violate Section 8(a)(1). Lawfulness of Handbook Policies and Workplace Rules: Stericycle, Inc. , 372 NLRB No. 113 (Aug. 2, 2023) , previously covered on our podcast here , where the Board overruled existing precedent and adopted a stricter test regarding the lawfulness of facially neutral handbook policies and workplace rules. Protected Activity: Lion Elastomers , 372 NLRB No. 83 (2023) (May 1, 2023) , previously covered here , where the Board overturned recent precedent issued under the Trump administration, making it riskier and more complicated for employers to discipline employees for abusive workplace conduct alleged to have arisen within the context of protected activity under Section 7 of the NLRA. Unilateral Changes: Wendt Corp. , 372 NLRB 135 (Aug. 26, 2023) and Tecnocap LLC , 372 NLRB 136 (Aug. 26, 2023) , previously discussed here , where the Board overturned Raytheon Network Centric Systems , 365 NLRB No. 161 (2017) (previously discussed here), holding that an employer can only implement unilateral changes during a hiatus period between contracts or prior to the execution of a first contract when the action is both (i) consistent with longstanding past practice, and (ii) non-discretionary. (Under Raytheon , discretionary changes were permitted.) Protected Activity on behalf of Non-Employees: American Federation for Children, Inc. , 372 NLRB No. 137 (Aug. 26, 2023) , previously covered here , where the Board held that concerted activity by statutory employees on behalf of nonemployees can even be protected by the Act if it can benefit the statutory employees—overturning decades of precedent to the contrary. Employer Statements during Campaign: Siren Retail Corp d/b/a Starbucks , 373 NLRB No. 135 (Nov. 8, 2024) , previously covered here , where the Board overruled nearly 40 years of NLRB precedent by holding that employers may violate the NLRA by making statements to workers regarding the impact that unionization would have on the relationship between employees and management. Captive-Audience Meetings: Amazon.com Services LLC , 373 NLRB No. 136 (Nov. 13, 2024) , previously covered here , where the Board overturned overruled 75 years of precedent under the seminal Babcock & Wilcox Co. , 77 NLRB 577 (1948) by holding that, going forward, employers violate the NLRA by holding captive-audience meetings, i.e. , employer-mandated meetings “at which the employer expresses its views on unionization.” The list above is by no means exhaustive, and the Successor NLRB GC may identify other areas of the law that could be bent more towards management that are ripe for expansion or reversal of existing pro-employee precedent. We also note that the battle over the joint-employer rule over the last several years (most recently covered here ) seems all but over for now after the Biden administration withdrew its appeal of the district court ruling this summer enjoining enforcement of its more relaxed proposed joint-employer rule. 4. Impact Of Acting/Successor NLRB GC On Existing Litigations. The Acting/Successor NLRB GC will also have influence over existing litigations. More specifically, where the NLRB (or a Region) is the party seeking relief or review, the Acting/Successor NLRB GC will generally have the authority to withdraw the complaint/appeal (or direct the Regional Director to do so), which would preserve the status quo. A more complicated—and unusual—scenario would ensue, however, if the Acting/Successor NLRB GC sought to change its position in a case where the opposing party ( e.g. , a petitioning employer or union) was seeking exception to an ALJ decision before the Board or appellate review of Board decision that was decided in the NLRB GC’s favor. This may arise more frequently at the circuit-court level, including in the cases appealing the NLRB’s recent pro-employee decisions and the existing SpaceX and Amazon cases before the Fifth Circuit challenging the constitutionality of the Board (we previously covered SpaceX here and here ). While we are unaware of any precedent considering such a fact pattern, we note that the interested party whose rights the NLRB GC had been representing may be able to step in as intervenor to defend its position. Changes To The Makeup of the 5-Member NLRB In addition to the changes to the Board’s prosecutorial arm, we also expect the Board’s five-member quasi-judicial body—which currently comprises only four members, three Democrats and one Republican—to transition to a Republican majority during President Trump’s term. The majority-status of the NLRB plays a key role in fashioning federal labor law, as the NLRB decides cases, overturns precedent, and issues rules (such as the “quickie” election rules that were implemented on December 26, 2023 and discussed here ). The timing of when the NLRB majority will flip to a Republican majority is far from certain. 1. Will The Lame-Duck Senate Confirm The Pending Nominees? In June 2024, President Biden nominated NLRB Chair Lauren McFerran (Democrat) for a third term and Joshua Ditelberg (Republican) to fill the vacant fifth seat. Both nominations cleared Committee and would be subject to a floor vote before the lame duck session of the Senate. On November 23, 2024, Senate Majority Leader Chuck Schumer announced on social media that “[c]onfirming the NLRB nominees is one of our highest priorities, and we’re going to do everything we can do to get it done by the end of the year.” If they are confirmed, as expected, then the NLRB likely would retain its Democratic majority until the term of current NLRB member David Prouty expires on August 27, 2026, after which President-elect Trump likely would appoint a Republican replacement to be confirmed by the Senate—more than a year and a half into his four-year term. During this time, we would expect the NLRB GC to refrain from bringing potentially precedent-altering decisions to the NLRB’s docket—in both directions. 2. If The Democrats Retain A NLRB Majority Until August 2026, Will President-Elect Trump Exercise His Removal Authority For NLRB Members? In the event Ms. McFerran and Mr. Dietelberg are confirmed—depriving President-elect Trump of a Republican-majority Board until August 2026—there is speculation that, after he assumes office, President Trump will attempt to discharge the Democratic members of the Board, which would set up a fascinating constitutional fight. Section 3(a) of the NLRA states that “[a]ny member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause,” which is why presidents have traditionally permitted NLRB members to complete their terms as a matter of course. President-elect Trump could attempt to strain the definition of “neglect of duty or malfeasance in office” or he could argue this requirement is unconstitutional under Article II, which requires that the president “shall take Care that the Laws be faithfully executed,” meaning the president cannot be prohibited from hiring and firing certain administrative officials, such as Board members, at will. Indeed, as alluded to above, similar arguments have been lodged (and recently argued before the Fifth Circuit)—both by Elon Musk’s SpaceX and by Amazon—as to the alleged unconstitutional nature of NLRB Administrative Law Judges, as previously covered here , here , and here . 3. If The Lame-Duck Senate Does Not Confirm Chair McFerran, Then The Republican Majority Likely Will Flip In 2025. If the current Senate does not confirm Chair McFerran’s third term (which would also mean that they would not confirm Mr. Ditelberg’s nomination, who was proposed simultaneously with McFerrran) by January 3, 2025, then the NLRB could have a Republican majority shortly after President-elect Trump’s inauguration, depending on how quickly he nominates (and the Senate confirms) two replacement Republican nominees to create a Republican majority until Member Marvin Kaplan’s term expires on August 27, 2025. Regardless of the Senate’s actions, as evident by the recent decisions overturning precedent involving employer statements during organizing campaigns and captive-audience meetings, we expect the current NLRB will continue to issue decisions in an expeditious manner before the end of 2024 that continue to overturn existing precedent in favor of unions and employees. Ross Evans also contributed to this article.The Transformative Power of a Digital DetoxDespite fans’ hopes and widespread rumors, Kendrick Lamar ’s latest album doesn’t feature a duet with Taylor Swift . Lamar, 37, surprised his fans on Friday, November 22, after he dropped a new LP, titled GNX. The surprise record features 12 songs with titles such as “Wacced Out Murals,” “Squabble Up,” “Luther,” “Man at the Garden,” “Dodger Blue” and more. None of Lamar’s collaborators are listed on the soundtrack, which was primarily produced by Sounwave and Jack Antonoff , both of whom frequently work with 34-year-old Swift. It had been heavily rumored that Lamar and Swift would drop another collaboration after 2014’s “Bad Blood” and 2023’s rerecorded version. When the Taylor’s Version of 1989 dropped, the remixed “Bad Blood” — including Lamar’s verse — was featured on the lineup. “Watching @kendricklamar create and record his verses on the ‘Bad Blood’ remix was one of the most inspiring experiences of my life,” Swift gushed via Instagram in October 2023. “I still look back on this collaboration with so much pride and gratitude, for the ways Kendrick elevated the song and the way he treats everyone around him.” She added, “Every time the crowds on The Eras Tour would chant his line ‘You forgive, you forget, but you never let it... go!’ I smiled. The reality that Kendrick would go back in and re-record ‘Bad Blood’ so that I could reclaim and own this work I’m so proud of is surreal and bewildering to me. I’m overjoyed to say that the ‘Bad Blood Remix (featuring Kendrick Lamar)’ is available everywhere on the 1989 Deluxe Edition .” Neither Swift nor Lamar have publicly confirmed whether they have another joint project in the works. Swift’s fans were shocked that their carefully crafted theories — aided by pictures of the pair and Antonoff, 40, in the recording studio together — remain unconfirmed. “Kendrick heard that Taylor Swift rumor and said enough is enough,” one social media user wrote via X on Friday. Others, however, think another surprise release with said alleged duet could still be in the works. “Kendrick is definitely dropping another album before the Super Bowl and Tay will be on it,” one fan wrote, with another adding, “Feel like Kendrick has another album or two ready to go.” You have successfully subscribed. By signing up, I agree to the Terms and Privacy Policy and to receive emails from Us Weekly Check our latest news in Google News Check our latest news in Apple News Lamar was recently announced as the headliner for the Apple Music halftime show at the 2025 Super Bowl next February. “Kendrick Lamar is truly a once-in-a-generation artist and performer. His deep love for hip-hop and culture informs his artistic vision,” Jay-Z, who produces the show under his Roc Nation, said in a statement. “He has an unparalleled ability to define and influence culture globally. Kendrick’s work transcends music, and his impact will be felt for years to come.” The Super Bowl LIX Halftime Show airs live on Fox Sunday, February 9, 2025, from the Caesars Superdome in New Orleans.
Gavin McKenna will suit up for Canada at the world junior hockey championship. Set to turn 17 next week, the star forward with the Western Hockey League's Medicine Hat Tigers headlines the country's 25-player roster for the annual tournament announced Friday. McKenna, who is projected as the potential top pick at the 2026 NHL draft, will be joined by a pair of fellow youngsters battling for the No. 1 selection spot in June -- 18-year-old winger Porter Martone and 17-year-old defenceman Matthew Schaefer. Five of seven eligible returnees from last year's squad that finished a disappointing fifth in Sweden are back, with forwards Easton Cowan, Brayden Yager and Carson Rehkopf getting the nod, while defencemen Oliver Bonk and Tanner Molendyk will anchor the blue line. The two players unable to hold onto their spots for the event set to run Dec. 26 to Jan. 5 in Ottawa are forward Matthew Wood and goaltender Scott Ratzlaff. Making up the rest of the group up front are Bradly Nadeau, Jett Luchanko, Luca Pinelli, Berkly Catton, Ethan Gauthier, Calum Ritchie, Tanner Howe, Cole Beaudoin and Mathieu Cataford. Nadeau didn't attend selection camp in Ottawa this week, but was guaranteed a spot after being made available by the NHL's Carolina Hurricanes from their American Hockey League affiliate. Canada's defence corps also includes Andrew Gibson, Sam Dickinson, Caden Price, Sawyer Mynio and Beau Akey. The hockey powerhouse's three-headed crease contingent is made up of goaltenders Jack Ivankovic -- another 17-year-old eligible for June's NHL draft -- Carter George and Carson Bjarnason. "We believe we have assembled a competitive and talented roster that will give us the best opportunity to win a gold medal on home ice," Hockey Canada's Peter Anholt, who leads the under-20 program's management group, said in a statement. "We look forward to them wearing the Maple Leaf with pride." The Canadians, who will be looking to add to a record 20 gold medals at the annual showcase, were ousted in last year's quarterfinals thanks to a last-minute loss to Czechia. Among the other notable cuts Friday were Calgary Flames defence prospect Zayne Parekh and Beckett Sennecke, who was selected No. 3 overall by the Anaheim Ducks at the 2024 draft. Both players were late injury additions for selection camp and are eligible to try out again next year. Canada will now hold training camp in Petawawa, Ont., before pre-tournament games against Switzerland, Sweden and Czechia. The hosts open Group A at the Canadian Tire Centre, home of the NHL's Ottawa Senators, on Boxing Day against Finland. The defending champions United States, Latvia and Germany make up the rest of the field. Group B at TD Place, home of the Ontario Hockey League's Ottawa 67's, includes Sweden, Czechia, Slovakia, Switzerland and Kazakhstan. Russia remains banned by the International Ice Hockey Federation due to that country's ongoing war in Ukraine. Ottawa last hosted the world juniors in 2009 when Canada defeated Sweden to secure a record-tying fifth straight gold. Cameron, who guided the country atop the podium in 2022 after winning silver in 2011, was an assistant coach on the staff of the late Pat Quinn at that tournament 15 years ago in the nation's capital. "This group of 25 players is excited for the opportunity to wear the Maple Leaf in front of Canadian fans in Ottawa, and to represent their country in our quest to win a gold medal," he said in a statement. "This is a great accomplishment for these players and their families. "We know they will enjoy the world juniors experience while bringing the competitiveness needed for us to be successful and accomplish our goal." This report by The Canadian Press was first published Dec. 13, 2024.A majority of Americans have a negative view of Luigi Mangione, the man accused of murdering UnitedHealthcare CEO Brian Thompson, new polling reveals. However, opinions differ significantly based on age, gender and race. In a Center for Strategic Politics poll, 61% of respondents said they have a strong or somewhat negative perception of Mangione, while just 18% said they have a strong or somewhat positive perception. In addition to their views on Mangione, the poll also asked respondents to weigh in on Thompson, UnitedHealthcare and the health insurance industry more broadly. Conducted on Dec. 11, the poll sampled 455 U.S. adults and has a margin of error of 4.6 percentage points. Here are the key findings, which come nine days after Thompson was killed. Views on Mangione Opinions on Mangione differed dramatically based on age. Among respondents under 45, less than half, 41%, said they have a negative view of Mangione. Meanwhile, 31% said they have a positive view. In contrast, 77% of respondents 45 and older expressed a negative view, while just 8% expressed a positive view. There was also a significant gender gap, with 23% of men saying they have positive views, while 14% of women said the same. Additionally, Black and Hispanic respondents were far more likely to express favorable views towards Mangione than white respondents. Thirty-one percent of Black respondents and 28% of Hispanic respondents said they have a positive view, while 14% of white respondents said the same. Further, 33% of respondents who said they were denied care by a health insurance provider expressed a positive view towards the alleged killer. In contrast, just 9% of those who said they have not been denied care said the same. Views on Brian Thompson and health insurance industry A plurality of respondents, 45%, said they didn’t know what they think of Thompson. Meanwhile, 35% said they view him negatively, and 19% said they view him positively. When asked about UnitedHealthcare, nearly half of respondents, 48%, said they have a negative view, while 24% said they have a positive view. And when asked about the health insurance industry, a majority, 57%, expressed negative views, while 32% expressed positive views. On these three questions, the responses were less divided along generational, gender and racial lines. For example, 39% of those under 45 had a negative view of Thompson, while 32% of those 45 and older also had a negative view. Similarly, 39% of men and 32% of women expressed a negative view. However, nearly half of Black respondents, 47%, had a negative view of Thompson, while 33% of white respondents and 28% of Hispanic respondents said the same. Additionally, about half of respondents under 45, 49%, expressed an unfavorable view towards UnitedHealthCare. Nearly the same number of those 45 and older, 47%, had negative views. Further, nearly half of Black and white respondents — 50% and 49%, respectively — had a negative view towards the company. Forty-four percent of Hispanic respondents had a negative view. More about the case On Dec. 4, Thompson was shot and killed outside the New York Hilton Midtown in Manhattan, where UnitedHealthcare was scheduled to host an event for investors, according to the Associated Press. Five days later, Mangione was arrested at a McDonalds in Pennsylvania in connection to the killing. He was allegedly carrying a gun and a fake ID at the time. Mangione has since been charged with forgery and a firearms violation by Pennsylvania authorities, and has been charged with murder by New York authorities, according to CBS News. Mangione’s attorney has said that he believes his client will plead not guilty to the charges, according to CNN.
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