Traditional Labor Law Practice Co-Chair Amy Moor Gaylord was featured in Lexology Pro offering insight into the National Labor Relations Board’s (NLRB) ongoing lack of a quorum and how the agency may approach key procedural issues once additional members are confirmed. The Board has been operating with only one sitting member since August, limiting its ability to issue decisions in contested cases and contributing to a growing backlog.
In the article, Amy explained that delays in advancing pending nominees—such as the temporary pause on nominee Scott Mayer—are not uncommon at the committee stage and do not necessarily indicate long-term obstacles. She noted that once the Board regains decision-making authority, several areas are likely to receive renewed attention.
A primary focus, she said, may be the NLRB’s 2014 “quickie election rule,” which accelerates the timeline for representation elections and defers certain eligibility questions. Amy anticipates that a restored Board could revisit this framework, potentially allowing additional time for briefing and litigation. “Hopefully, we will have time to brief issues, we will have the ability to litigate eligibility and supervisory issues and to properly brief and present our arguments to the Board,” she told the publication.
Amy also pointed to captive audience meetings as another issue likely to be reviewed, particularly in light of recent state-level measures governing employer communications during organizing efforts. She noted these laws could prompt further examination once the Board resumes normal operations.