What’s Next for the NLRB?
The National Labor Relations Board (NLRB) is a relatively small agency from the New Deal era that, broadly speaking, investigates and adjudicates labor disputes.
While its history has always been political, in the sense that the idea of government intervention in workplace regulation was originally controversial, the NLRB has undergone dramatic ideological shifts in recent years, which have left many scholars and practitioners with feelings of uncertainty about the state and direction of federal labor law. This state of ambiguity has been amplified as of late. Not only has the board very recently obtained a quorum (which sets the table for overturning significant precedent), but it is simultaneously facing litigation that poses existential questions about the constitutionality of its structure.
In a recent article published by the National Law Journal, Wefel Center Director and Saint Louis University Labor Law Professor Michael Duff discusses these issues. At its heart, the article touches upon some of the central questions posed in this year’s Employment Law Symposium, which was held at SLU School of Law on March 6, 2026. Namely, will federal labor law survive in its current form, and if not, what role might state and local governments have in filling federal gaps?
To watch a recording of this year’s Employment Law Symposium, check out the Wefel Center’s Events page.