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Judith Williams-Killackey featured in “Reduced NLRB Backlog Could Slow Pro-Worker Biden Agenda”

Law360

Law360 published an article featuring Judith Williams-Killackey that discussed how long it could take for President-elect Joe Biden to make board changes regarding the shift of control within the National Labor Relations Board.

Below is an excerpt:

Management-side Quarles & Brady LLP's Judith Williams-Killackey noted the reduced backlog's impact on a Biden board might be less than one might think, because there usually aren't changes in the board's composition immediately that can result in a change in NLRB precedent.

Biden won't be able to create a Democratic majority on the board until August 2021, and Trump-appointee Robb's term isn't set to expire until November 2021, Williams-Killackey said.

"That time frame also is similar to the time frame when the Trump board was able to start issuing decisions affecting the Obama board's rulings," Williams-Killackey said. "By the time we get to that point, we might have an increase in backlog."

Unions could see the change in administration as an opportunity to more aggressively file charges with the hope that a Biden administration could approach them differently from how the Trump administration has, she said.

Williams-Killackey also noted that "it's possible that we might more immediately see legislative changes than board changes," noting that the Protecting the Right to Organize Act could become law if Democrats gain control of the Senate after a pair of Jan. 5 runoff elections in Georgia.

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