In an Advice Memorandum released on May 25, 2022, NLRB General Counsel Jennifer Abruzzo laid out a blueprint for changes she’d like made to Board precedent concerning union representatives’ access to employer property. At issue is a pair of 2019 rulings by the NLRB in UPMC, 368 NLRB No.
General Counsel
We Knew This Was Coming: NLRB General Counsel Recommends Abandoning Workplace Rule and Confidentiality Rule Frameworks
By Mark Theodore, Joshua Fox & Raymond Arroyo on
As foreshadowed by the NLRB General Counsel’s August 2021 Advice Memorandum (which we discussed here), the vacillating standard for the legality of employer handbooks and policies and confidentiality requirements during open employer-investigations have been ripe for reversal by the NLRB.
On March 7, 2022, in response to the NLRB’s…
NLRB General Counsel Announces Commitment to Inter-Agency Coordination
By Steven Porzio, Joshua Fox & Timothy Kelly on
On February 7, 2022, the White House Task Force on Worker Organizing and Empowerment issued a report recommending, among other things, increased coordination among agencies working on labor and employment matters. In a memorandum circulated on February 10, 2022, National Labor Relations Board General Counsel Jennifer A. Abruzzo announced her…
NLRB GC Announces Initiative Seeking 10(j) Relief For Threats Or Coercive Conduct During Organizing Campaigns
By Joshua Fox & Alyssa M. Cook on
On February 1, 2022, the General Counsel (“GC”) of the National Labor Relations Board (“NLRB”) announced a new initiative encouraging NLRB Regions to seek injunctive relief under Section 10(j) of the National Labor Relations Act (“NLRA” or “Act”) where workers have alleged unlawful threats or other coercion by employers during…
BREAKING: General Counsel Abruzzo Announces that College Athletes Are Employees
By Steven Porzio & Elizabeth Dailey on
Today, General Counsel Jennifer Abruzzo issued a very significant memorandum on the status of college athletes as “employees” under the National Labor Relations Act. Statutory Rights of Players at Academic Institutions (Student-Athletes) Under the National Labor Relations Act, GC 21-08 (September 29, 2021).
In today’s memorandum, GC Abruzzo reinstates…
D.C. Circuit Court Rules NLRB’s Access to Property Test is Arbitrary
By Steven Porzio & Rachel Kessler on
General Counsel of the National Labor Relations Board, Jennifer Abruzzo, is already on her way to accomplishing one of the objectives she laid out in her recent Advice-Memorandum 21-04 (discussed here earlier on this blog). In the GC’s memo, she identified a number of Board decisions to re-evaluate, including Bexar…
New NLRB General Counsel Signals Greater Utilization of 10(j) Injunctions
By Steven Porzio, Joshua Fox & Thomas B. Fiascone on
The recently-sworn in General Counsel of the National Labor Relations Board, Jennifer Abruzzo, has had a busy month, setting the stage for a slate of new enforcement initiatives. First, the GC issued Advice Memorandum 21-04 (discussed here last week), identifying numerous Board decisions that are all but certain to be…
District Court Approves of President Biden’s Firing of Former NLRB General Counsel, But is This the Final Word?
By Steven Porzio & Elizabeth Dailey on
As we reported here and here, there are several challenges to the authority of the Acting General Counsel of the National Labor Relations Board, Peter Sung Ohr, given President Biden’s unprecedented move of terminating the sitting General Counsel, Peter Robb, in January 2021.
One recent challenge to the Acting…