Michael Pepperman Featured in Politico Pro on NLRB Developments
Michael S. Pepperman, Chair of Obermayer’s Labor Relations and Employment Law Department and a member of the firm’s Management Committee, was featured in Politico Pro on December 19, 2025, in an article analyzing the National Labor Relations Board’s (NLRB) direction under President Donald Trump and his efforts to reshape the agency overseeing private‑sector labor relations.
Traditionally, the Board has observed an unwritten practice of securing at least three votes before reversing precedent or making significant policy changes. With only two Republican members currently seated, uncertainty remains about whether the new Board will adhere to that norm or revisit significant Biden‑era rulings.
“The pendulum is going to swing back toward the employer side, and there’s a huge backlog” awaiting board action, said Michael Pepperman.
Removing the three‑vote practice could enable the Board to revisit prior decisions more quickly, potentially shifting labor‑relations policy toward a more employer‑focused direction. Legal and employment experts predict the NLRB will revisit Biden-era majority decisions, including those banning “captive audience meetings,” employee handbook rules, and the process for unions to organize without a formal vote.
“Will they tackle that with a two-person majority? I don’t know,” Pepperman said. “You might get some cases that interpret some of these landmark decisions if they don’t outright reverse them.”
Ignoring the three‑vote norm could have lasting effects. A future Democratic president would likely take a similar approach, weakening the NLRB’s ability to establish lasting workplace standards.
