Labor Lawyer Andrew Strom joined the America’s Work Force Union Podcast to talk about the decisions of the National Labor Relations Board in 2023 and how different interpretations of the National Labor Relations Act led to problems with the U.S. Supreme Court and the Board.
In 2023, the National Labor Relations Board spent the year working on returning 2019 policies. Many of the main decisions by the NLRB this year have been overturning decisions made under the previous president’s regime. Strom discussed some major decisions made throughout the year, including overturning the previous decision on Union shirts being worn at Tesla.
The second issue relating to the Tesla decision was that the court’s decision was made on the legality of a uniform. Meanwhile, the argument that Tesla made was about the logo on the shirt and whether it was safe to wear. The real safety issue was decided to be the union pins being unsafe. While that is true and remained a problem in the NLRB’s decision, no other alternative was originally given to workers.
Strom also highlighted the decision in the Epic Systems case. The NLRB decided that a group of employees could take an employer to court in a single lawsuit. Deeming that it was a covered right given under the National Labor Relations Act. Instead, the Supreme Court overturned that opinion stating that the cases needed to be brought to court individually. Strom continued by discussing other issues between the Supreme Court and NLRB.
To hear more from Strom, please press play on the show above.