One could argue that the National Labor Relations Board (NLRB) has been ground zero on a broad array of issues under President Trump as the administration tries to scale back anti-business regulations. And to drive that point home, this past week, the agency issued a ruling in a 3-1 decision in the Johnson Controls, Inc. case that requires unions to prove they still maintain majority support. Under the ruling, if an employer possesses evidence that a majority of workers in a bargaining unit no longer support union representation, it may file an “anticipatory” withdrawal of recognition and the burden of proof then shifts to the union. Furthermore, the business may stop bargaining up to 90 days before the expiration of a contract as long as it notifies the union of its recognition withdrawal plans. In other NLRB news, an internal memo written last year that was leaked to the media this week concluded that republican NLRB member William Emanuel should recuse himself from any participation in a case pending since 2014 whereby McDonalds is alleged to have joint employer status. Littler Mendelson, the management side law firm where Emanuel worked prior to his NLRB appointment, is still involved in the case, prompting allegations of conflict of interest. The agency has not yet given any indication whether Emanuel will recuse himself or not.