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'Mark Twain famously said: "Reports of my demise have been greatly exaggerated." So it is true with reports that employers can breathe easier with the new Trump National Labor Relations Board.

The recent decision in Circus Circus Casinos Inc.,[1] is a stark reminder that even as the mid-term elections in the Trump presidency approach, the Obama era, at least at the NLRB, is not over. The decision in Circus Circus imposes on employers an additional administrative step to clear before conducting investigatory interviews during the disciplinary process. After receiving a signal (even if not a direct request) that an employee desires representation, employers may not proceed with interviews until a union representative can be identified and obtained.

 

This article was first published in Law360.

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