On July 16, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 24-05 to all field offices stating that the agency should continue “to aggressively seek Section 10(j) injunctions,” notwithstanding a recent decision by the U.S. Supreme Court raising the Board’s burden for seeking a temporary injunction. Section 10(j) of the National Labor Relations Act (“NLRA”) authorizes the Board to seek temporary injunctive relief in federal district court while litigating the merits of an unfair labor practice proceeding to ensure that any remedy the Board might eventually issue will not be moot or hollow.
unfair labor practice
Johnnie’s on the Spot; Board Reaffirms Standards for Employer Interrogations of Employees in Preparation for NLRB Proceedings
By Joshua Fox, Steven Porzio & Alexander J. Blutman on
A Direct Hit: NLRB Expands Make-Whole Remedies to Cover All “Direct or Foreseeable” Financial Harm
By Michael Lebowich, Joshua Fox & Hannah Morris on
In a decision, Thryv, Inc., 372 NLRB No. 22, that was foreshadowed by recent invitations for briefs and prosecutorial conduct by NLRB General Counsel Jennifer Abruzzo (see our prior posts here and here), the National Labor Relations Board (“NLRB” or “Board”) issued a significant ruling on December 13,…
NLRB Signals Pullback on Consequential Damages Against Unions
By Paul Salvatore, Joshua Fox & Rachel Kessler on
As we previously reported, the National Labor Relations Board (“NLRB” or “Board”) has indicated that it is committed to considering consequential damages as a possible make-whole remedy applicable to damages both caused by an employer’s unfair labor practice (“ULP”) and against a union for damages caused to an employer.…
NLRB Alters Timing Requirements for Electronic Notice Posting in Workplaces Impacted by COVID-19
By Joshua Fox & Dylan K. Tedford on
In a decision issued on June 2, the National Labor Relations Board modified the timing of its electronic notice-posting requirement in circumstances where an employer has not yet reopened its facility due to COVID-19, or where a substantial complement of employees has not yet returned to work on-site when the…
NLRB Plans to Revise Joint Employer Standard Once Again
By Mark Theodore, Joshua Fox & Timothy Kelly on
On Friday, December 10, 2021, the Board announced in its regulatory agenda that it plans to engage in rulemaking on the standard for determining whether two employers are “joint employers” under the NLRA. It remains to be seen exactly what the contours of the new joint-employer rule would be, although…
Google’s Union Campaign Strategy Documents Not Privileged, NLRB Administrative Law Judge
By Mark Theodore, Joshua Fox & Dixie Morrison on
Google recently suffered a blow in its ongoing National Labor Relations Board litigation, when an Administrative Law Judge appointed to rule on a discovery dispute ordered the Silicon Valley company to turn over the lion’s share of certain documents subpoenaed by former Google employees. Discovery issues have become more prevalent…
NLRB GC Issues Guidance Memo Laying Out Changes to Evidence Collection in Unfair Labor Practice Investigations
By Steven Porzio, Joshua Fox & Dominique Kilmartin on
NLRB General Counsel Peter Robb issued a Memorandum on June 17th setting forth new guidelines for how Regions conduct unfair labor practice investigations—specifically, how Regions secure the testimony of former supervisors and agents, as well as how to handle audio recordings. The stated goal of the Memo is to…