National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo mandated the seeking of more aggressive remedies in unfair labor practice (ULP) cases. Office of General Counsel Memorandum GC 21-06, Seeking Full Remedies (issued Sept. 8, 2021).
Articles Discussing Labor Law At The Federal Level, Including Issues Under The National Labor Relations Act (NLRA).
Third-Party Access to Employer Property Under Court Scrutiny
When assessing whether a private employer must allow others access to its private property for union organizational purposes, the National Labor Relations Board’s (NLRB) precedent often has hinged on whether the person seeking access is an employee, a third-party union organizer, or an onsite contractor’s employee.
NLRB’s General Counsel Uses Prosecutorial Authority to Assert Student-Athletes Are Employees
The on-and-off effort at the National Labor Relations Board (NLRB) to classify “student-athletes” as “employees” has renewed. Although the National Labor Relations Act contains no formal recognition of student-athletes as employees, NLRB General Counsel Jennifer Abruzzo issued a memorandum on September 28, 2021 (GC 21-08) asserting
“her prosecutorial position” that
Pencils, Paper, and Now NLRA Legal Protections – New General Counsel Memorandum Provides College Student Athletes with a Very Significant New “School Supply”
On September 29, 2021, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer A. Abruzzo released a nine-page memorandum taking the unequivocal position that “certain Players at Academic Institutions” are employees under Section 2(3) of the National Labor Relations Act (NLRA). Refusing to call such players “student athletes,” Abruzzo
Top Five Labor Law Developments for August 2021
Democrats now hold a majority of seats on the National Labor Relations Board (NLRB). The new Democratic majority on the NLRB became official on Saturday, August 28, when President Joe Biden’s nominee David Prouty was sworn in as the fifth and final member, replacing management-side attorney and Republican appointee William Emanuel, whose term ended the day before.
Labor Board General Counsel Mandates More Onerous Unfair Labor Practice Settlement Terms
After less than two months in office, new National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo has urged broad pro-union changes in NLRB case law and has mandated more aggressive remedies in unfair labor practice (ULP) cases. In a September 15, 2021, memo Abruzzo has now taken aim at ULP settlement agreements.
NLRB General Counsel Issues Memorandum Urging Regions to Seek Punitive Remedies Against Employers Found to Violate the NLRA
National Labor Relations Board General Counsel (GC) Jennifer Abruzzo recently issued a hard-hitting Memorandum urging the Board’s regional offices to consider closely the full scope of aggressive remedies she deems available to them for issuance against employers.
Enhanced Remedies for NLRA Violations Are on the Horizon
Jennifer Abruzzo, the General Counsel for the National Labor Relations Board (“NLRB”), recently issued a memorandum advising Regional Offices of the NLRB to seek a variety of remedies to ensure that victims of unlawful conduct under the National Labor Relations Act (“NLRA”) are made whole for losses they have suffered.
U.S. House Poised to Add Civil Penalties to National Labor Relations Act
With supporters of the Protecting the Right to Organize (PRO) Act unable to advance the legislation under the regular rules of the Senate, they are now attempting to move pieces of the legislation by way of special rules relating to the federal budget. Legislative language released on September 8,
NLRB General Counsel Instructs Regions to Seek Enhanced Penalties NOW
As we discussed in our recent report on National Labor Relations Board General Counsel (“GC”) Jennifer Abruzzo’s August 12th agenda for the direction of NLRB case law, employers should be ready for an aggressive expansion of remedies that the NLRB will seek. In the short time since the GC’s memorandum
Third Time the Charm? NLRB to Revisit Rights of Contractor Employee Access to Employer Property
The National Labor Relations Board (NLRB) must reconsider its newest ruling on the rights of certain employees to access private property to engage in activity on behalf of a union, the U.S. Court of Appeals for the District of Columbia has directed in an August 31, 2021, decision remanding NLRB
A Back Door to the PRO Act: NLRB General Counsel’s Aggressive Agenda Raises New Risks for Employer
While one of organized labor’s most important legislative priorities, the Protecting the Right to Organize Act (PRO Act), languishes with a seemingly limited chance at becoming law, employers still must brace for substantial pro-union changes to labor law. Recent developments at the National Labor Relations Board (NLRB) have clarified some significant avenues the NLRB may pursue.
WPI Labor Day Report 2021
Over a year and a half since the pandemic first started to take its toll on the health and welfare of individuals and the economy, the country is still reeling and struggling to recover. Some employers and industries were able to pivot and weather the devastating effects of COVID-19.
NLRB’s General Counsel Outlines Labor Law Priorities
Jennifer Abruzzo, the General Counsel for the National Labor Relations Board (NLRB), recently issued a memorandum outlining the key labor issues that she wants to target during her term as General Counsel.
As General Counsel, Abruzzo cannot unilaterally change labor law. However, what she can do as the Agency’s top
NLRB Mulls “Consequential Damages”
The National Labor Relations Board (NLRB) issued a ruling on August 25, 2021, finding that a New Jersey nursing home violated federal labor law by unilaterally changing its employee health insurance plan. While the finding of a violation is rather commonplace, what is most interesting about the NLRB’s decision is
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