LABOR RELATIONS
PREDICTIONS FOR 2026
2025 PREDICTIONS RECAP
Safe Prediction Assuming the Board returns to a legal quorum with a confirmed GC by early 2026, it will likely seek to overturn several significant Biden-era cases over the months thereafter. Among those rulings likely targeted for reversal, even in the absence of a full complement, are Stericycle (restrictions on workplace conduct rules), Thryv (remedies available for unfair labor practices), Cemex (bargaining order in response to union recognition demands), and Amazon (outlawing mandatory captive audience meetings). Bold Swings • Unions will begin to abandon their reliance on the NLRB. This could mean an increase in labor grievances in union shops. Unions may also revisit recognitional picketing to pressure employers into
We were spot on with our prediction that Donald Trump would fire NLRB General Counsel Jennifer Abruzzo as one of his first acts as President. And even while Trump’s General Counsel nominee Crystal Carey has been waiting for Senate approval since March, the Acting General Counsel William Cowen has been busy undoing many of Abruzzo’s past memos and issuing his own policies. Those on the chopping block included memos on the legality of non- competition agreements and stay-or-pay provisions, and whether college athletes should be considered employees. New NLRB General Counsel Has Undone Much of the Former GC’s Efforts
recognizing them outside the election process. This would result in some reduction in RC Petition activity – leaving employers with little choice but to timely file RM petitions in response to recognition demands. • Unions will continue to step up their reliance upon the strike weapon as their preferred tool to economically pressure employers at the bargaining table. So, expect an increase in strike activity.
New Board Leaders Haven’t Chipped Away at the Biden Board’s Gains – Yet
But the NLRB hasn’t been able to overturn major Biden-era board decisions as we thought they would, because the panel only has one sitting member and currently lacks a quorum. Trump’s nominees to fill two vacant GOP seats on the panel, James Murphy and Scott Mayer, are still pending before the Senate. More on what we expect their eventual confirmation to mean next.
Steven M. Bernstein Tampa Regional Managing Partner, Co-Chair
OUR PREDICTIONS WERE MOSTLY RIGHT
Todd A. Lyon Portland, OR/Los Angeles San Francisco/Seattle Partner, Co-Chair
HOW DID WE DO?
Joshua D. Nadreau Boston/Portland, ME Regional Managing Partner, Vice Chair
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