The song “Changes,” written by Phil Ochs, provides an opportune prism to examine the arguably cataclysmic changes implemented and portended by the new employer-friendly majority at the NLRB at the end of 2017 and expected in 2018.

 

Sing along, enjoy the lilt.

Don’t cry o’er case law that’s spilt.

 

Come sit by my side, come as close as you care

The changes at the Board are not a bunch of hot air.

Abandoning Obama-era rules and decisions

An end-of-year new 2017 majority made long-awaited incisions.

 

The old majority’s reasoning, arguably murky, gray and unsound

Caught in a carousel of time coming way around

On a new Board direction the new majority rearranged.

With a different perspective, making a few bold long-needed changes.

 

Indeed, changes came swiftly, introducing 2018

With decisional speed like we’ve never seen.

Righting some of the balance between labor and management

Tossing the old and making new precedent.

 

The Trump Board majority clearly set its sights

To restore employer pre-election free speech rights

To rescind or at least adjust the “Quickie Election Rule”

That the Obama Board adopted to give unions a tool

To speed up elections and postpone key questions

To rush the vote by employees in disputed elections.

 

We bid adieu to the extent of organizing a micro-unit.

No more requiring “overwhelming” communities of interests to nullify it.

No longer can unions organize on what they can get

Employees will have a larger, more inclusive electorate.

 

Remember having to revise policies and rules in employee handbooks?

The new Board majority made clear it was giving Obama Board rulings further looks.

The new Board said to balance management’s needs and purposes in its sights

Rather than looking solely at theoretical effects of neutral rules on Section 7 rights.

 

Be respectful in conduct, cut profanity, or make civility your rule

Became fine in a handbook or Facebook, Twitter or other social media tools.

No longer do employers have to accept inappropriate conduct

No longer do they have to apply a vague protected Section 7 construct.

 

A new joint employer standard (no pun intended, I attest)

Actual “direct control,” not indirect, was made the joint employer test.

The end-of-year Board moved first, and then a new 2018 Board moved again.

To nullify the direct control decision with the stroke of a pen.

But direct control will be back no doubt

A 2018 Trump Board on this issue surely will win out

 

The new Board General Counsel wants his Division of Advice

To review ULP charges that challenge Obama-Board rulings, many, not just a few will suffice

More Obama-Board cases will reach the Board for decision

So precedent can change and move with precision.

 

When sexual harassment investigations need confidentiality

The GC and the Board will introduce a dose of reality

To allow proper exams of workplace misconduct

And protect investigatory privacy from flowing out a viaduct.

 

In the public sector

There will be a new vector

Limiting union dues and fees that are mandatory

Freeing employees’ pocketbooks, writing a new story.

 

These are reasonable expectations from the new and then-newer Board Members

Growing from fires of a swinging pendulum’s embers.

Keep tabs on employee dissatisfaction

And take lawful preemptive action.

By taking care

Not to be caught unaware.

It’s not a dream

In 2018.