On March 31, 2021, the NLRB’s Acting General Counsel Peter Ohr issued a Memorandum entitled “Effectuation of the National Labor Relations Act through Vigorous Enforcement of Mutual Aid or Protection and Inherently Concerted Doctrines” to all Regional Directors. While the Memorandum does not change NLRB precedent in any respect, it
Acting General Counsel
NLRB Acting General Counsel Strikes Again, Directs Agency to Withdraw Complaints Attacking Neutrality Agreements
By Mark Theodore, Joshua Fox & Dominique Kilmartin on
As we recently reported, National Labor Relations Board Acting General Counsel Peter Sung Ohr recently gave us a peek behind the curtain at his prosecutorial priorities as General Counsel when he rolled back a number of General Counsel Memoranda issued by his predecessor, Peter Robb. Consistent with that roll…
Supreme Court Holds that Lafe Solomon Improperly Served as NLRB General Counsel
By Mark Theodore & Joshua Fox on
The Supreme Court has dealt another blow to the stability of the National Labor Relations Board. In a 6-2 decision, in, National Labor Relations Board v. SW General, Inc. DBA Southwest Ambulance, USSC Case No. 15-1251 (March 21, 2017), the Court held that the NLRB’s prior Acting General Counsel, Lafe…
DC Circuit: NLRB Acting General Counsel Solomon’s Tenure Violated Vacancy Statute, Unfair Labor Practice Complaint Unauthorized
By Mark Theodore on
The political gridlock in Washington DC caused several years of tumult at the NLRB, spawning two Supreme Court decisions (Noel Canning and New Process Steel) and several courts of appeals decisions regarding the Board’s ability to act without regular appointments, and resulted in scores of decisions having to…
Update: NLRB Upholds Termination For Facebook Posting, But Nails Employer For Unrelated Handbook Policy
By Mark Theodore on
The NLRB has received a lot of attention for its actions the last couple years. One of the storms was caused by the agency’s attention to employer actions based on employee Facebook postings. More to the point, employers were not too thrilled with some things being posted by employees on…