Top Five Labor Law Developments for May 2021 | FIRST, VERIFY

June 17, 2021

Top Five Labor Law Developments for May 2021

1.President Joe Biden has nominated union-side attorney Gwynne Wilcox to fill a vacant seat on the National Labor Relations Board (NLRB). Wilcox is a partner at the union-side labor and employment firm Levy Ratner P.C. Among other clients, Wilcox has represented Fight for $15, the union-affiliated group that has advocated for increases in the minimum wage. As with prior NLRB nominees, Wilcox’s client list is likely to be an issue during her confirmation hearings and, if confirmed, in cases involving her former clients. If the Senate confirms Wilcox, the three Republican members of the NLRB will remain in the majority, with Wilcox and Chairperson Lauren McFerran constituting the Democrat-appointed minority. Republican Member William Emanuel’s term expires on August 27, 2021. Upon nomination and Senate approval of another Biden nominee, the NLRB majority will flip from Republican to Democrat.


2. The U.S. Department of Labor (DOL) has moved to rescind a Trump-era rule that would have increased            oversight of union finances. The DOL issued a proposal on May 26 that would reverse the rule, which required unions with $250,000 in annual revenue to disclose more information about their stakes in credit unions, their trusts, strike funds, and other assets and investments. The Trump Administration promulgated the rule, but enforcement was halted in March 2021, before the deadline for unions to file paperwork with the DOL demonstrating compliance with the rule. Biden Administration officials have stated that the reporting requirement was partly duplicative of existing reporting rules. Trump Administration officials and some business leaders cited a number of financial scandals involving union officials as evidence of the need for more transparency in union finances.



3. According to a Bloomberg Law report, it takes an average of 409 days for the parties to negotiate a first collective bargaining agreement (CBA) at a newly organized workplace. The report examined 330 contracts spanning 2004 to the present to determine the average amount of time that elapses between a union’s election win being certified by the NLRB and the date a contract is signed. It examined the results by industry, with healthcare and social assistance contracts taking the longest to negotiate (528 days on average), while professional and business service contracts took the least time, roughly nine months on average (269 days). While the average for all contracts was 409 days, the median length of time between certification and a contract was 356 days.



4. A U.S. District Court ruled that a “broadly written” CBA provision compelled arbitration over the elimination of retiree health benefits, rejecting the employer’s argument that retirees are not employees and therefore are not covered by the labor agreement. Verso Corp. v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC, No. 3:19-cv-0006 (S.D. Ohio May 6, 2021). The employer and the administrators of the union health and welfare plan announced the elimination of certain retiree health plan benefits. The union filed grievances alleging the move violated the CBA. The union moved in district court to compel arbitration, but the court dismissed the motion. Following the dismissal, the U.S. Court of Appeals for the Sixth Circuit issued its decision in USW v. LLFlex, 19-5464 (6th Cir. Mar. 24, 2021), determined a CBA’s “narrowly written clause” on healthcare benefits meant arbitration over such benefits was limited to a small category of healthcare disputes. The union moved the district court to reconsider its decision in light of LLFlex. Granting reconsideration and reversing its earlier decision, the district court found the provision in the employer’s CBA was written far more broadly than the provision at issue in LLFlex. That breadth meant the provision could be read to cover disputes over retirees’ benefits, meaning the parties could be required to arbitrate their dispute.



5. The NLRB held an employer violated the NLRA by enforcing a prohibition against recording conversations at work, but the agency did not require the employer to rescind the rule in question. AT&T Mobility, 05-CA-178637 (May 3, 2021). Applying the framework for evaluating the lawfulness of workplace rules set in Boeing Company, 365 NLRB 154 (2017), the NLRB found the employer unlawfully warned a union steward against recording a disciplinary meeting and future such recordings, activity the NLRA generally protects because it involves action taken by one employee on behalf of others. Despite finding the employer’s application of the rule was unlawful, the NLRA found the employer’s no-recording policy was lawful on its face and need not be rescinded, as the rule could be applied lawfully in the future. In so ruling, the Board overruled part of its 2004 decision in Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004), which would have required the Board to automatically find the employer’s rule unlawful on its face to the extent it could be “reasonably construed” as limiting employees’ rights under the NLRA.



Source: https://www.jacksonlewis.com/publication/top-five-labor-law-developments-may-2021


You might also like

By Erica Montefusco March 18, 2026
Erica Montefusco , Senior VP, Risk & Compliance at PROtect tells us why risk management is ultimately an ethical responsibility
Human Risk Perception and Workplace Safety Biases
March 17, 2026
Learn how cognitive biases like optimism bias and normalization of deviance affect workplace safety and increase contractor risk exposure.
By Erica Montefusco March 13, 2026
Erica Montefusco , Senior VP, Risk & Compliance at PROtect tells us why composure is one of the most underestimated risk controls There is a version of leadership that looks strong: Decisive. Authoritative. Confident. Unshaken. And then there is the version of leadership that is actually strong: Calm. Measured. Intentional. Grounded under pressure. The difference only reveals itself in difficult moments. Curiosity enables leaders to identify emerging risks. Resilience determines how they respond when those risks materialize. Pressure Is the Real Leadership Test Industrial and operational environments are inherently dynamic. In industrial environments, pressure is inevitable. Production deadlines tighten. Weather shifts unexpectedly. Incidents occur. Regulators call. Clients demand answers. In those moments, policies matter. Procedures matter. Training matters. Leadership behavior becomes as consequential as policy design. But something else matters just as much: Tone. When pressure rises, people do not default to the manual. They calibrate to leadership. If the leader escalates, the room escalates. If the leader steadies, the room steadies. The tone established by senior leaders influences how information is shared, how accountability is approached, and how effectively teams navigate uncertainty. Escalation can either compound disruption or contain it. Composure is not personality. It is a decision. And it is one of the most powerful risk controls we have. Sustained resilience preserves the conditions necessary for effective risk management. It protects decision quality, maintains organizational trust, and ensures that even under scrutiny, the organization responds with stability rather than volatility. In high-consequence industries, that stability is not simply a leadership trait — it is a strategic asset. Curiosity helps us identify risk. Resilience shapes how we respond when that risk becomes real. Anyone who has worked in industrial or operational environments knows that pressure is not hypothetical. Deadlines compress. Expectations escalate. Incidents require immediate clarity. External scrutiny can intensify without warning. In those moments, policies and procedures matter — but so does something less tangible. Leadership tone matters. Over time, I have come to understand resilience not as toughness, but as intentional calm. It is the ability to pause when acceleration feels easier. It is choosing clarity over reaction. It is protecting the quality of a decision, even when timelines feel compressed. Resilience Is Not Loud Resilience is often misunderstood as toughness. In my experience, resilience is quieter than that. It is the ability to absorb impact without amplifying it. To process urgency without transmitting panic. To hold responsibility without deflecting it. Resilience does not mean indifference. In fact, it often requires absorbing more than you show. It means holding responsibility without transmitting panic. It means reinforcing accountability without creating fear. There have been moments in my career when decisions had weight. When incidents required difficult conversations. When leadership alignment was not immediate. When the right path was clear but not easy. Resilience is not the absence of doubt. It is the ability to move forward thoughtfully despite it. Resilience in risk leadership is therefore not emotional detachment, nor is it rigid confidence. It is disciplined composure. It allows leaders to slow decision-making when urgency threatens clarity, to distinguish between material risk and momentary noise, and to reinforce accountability without creating defensiveness or fear. The Invisible Weight of Responsibility Risk leadership carries a particular kind of weight. When you approve a program, sign off on a system, or certify readiness — you are implicitly saying: “I believe this protects our people.” That should never feel casual. Under pressure, the temptation is to accelerate. To compress review cycles. To assume stability. But experience teaches something different; the cost of rushing risk decisions compounds quietly. Strong leadership sometimes means slowing down when everyone else wants to speed up. That is not obstruction. That is stewardship. Crisis Reveals Culture Difficult moments reveal culture more clearly than routine ones. When pressure rises, do people continue to speak openly? Do teams stay focused on understanding what happened, or do they shift toward protecting perception? The answers to those questions tell you whether resilience is embedded in the organization — or merely assumed. You can learn more about an organization in a single difficult week than in a year of routine operations. When something goes wrong, watch: Do people look for blame? Or do they look for understanding? Do leaders protect reputation first? Or protect people first? Do teams communicate openly? Or retreat into defensiveness? Resilience is not built during crisis. It is revealed. The culture you shape on ordinary days determines how your organization behaves under extraordinary ones. Organizations reveal their cultural maturity during periods of stress. In resilient environments, reporting remains transparent, analysis remains objective, and improvement efforts focus on systems rather than blame. In fragile environments, pressure suppresses reporting and shifts attention toward reputational protection rather than operational correction. In my experience, resilience is built long before crisis arrives. It develops through experience, through reflection, and through learning when to slow down rather than speed up. It is strengthened every time a leader chooses steadiness over escalation. In high-risk environments, that steadiness is not just a leadership trait. It is a protective force. It safeguards decision quality, preserves trust, and creates the conditions where honest conversations can continue — even under pressure. And often, that makes all the difference. Personal Evolution Under Pressure Early in my career, I believed strength meant always having the answer. Now I understand that strength often means holding space long enough to ask better questions. “What are we missing?” “What assumptions are we making?” “What would this look like if it went wrong?” Pressure can narrow perspective. Resilient leadership expands it. Over time, I have learned that steadiness is not automatic. It is built through experience. Through adversity. Through moments that test your confidence. Resilience is not inherited. It is earned. The Discipline of Staying Calm Remaining calm under pressure does not mean you are unaffected. It means you are intentional. Intentional about your words. Intentional about your pace. Intentional about your influence. In high-risk environments, emotional regulation is not a soft skill. It is operational infrastructure. It protects decision quality. It protects team cohesion. It protects escalation pathways. Calm leadership does not remove risk. It reduces secondary damage. Why This Matters More Now We are operating in an era of accelerated visibility. Data moves faster. Public scrutiny is sharper. Regulatory expectations evolve quickly. Pressure will not decrease. The leaders who endure will not be the loudest. They will be the most grounded. Resilience in leadership is not about dominance. It is about stability. And stability, in high-risk environments, is strength. Closing Reflection There is a difference between reacting and responding. Reaction is emotional. Response is intentional. Under pressure, that distinction determines outcome. Resilience is not something we list on a résumé. It is something people feel when they stand in a room with you during a difficult moment. And in risk leadership, that feeling can make all the difference.

Book a Service Today