NLRB General Counsel Continues Push To Overturn Trump-Era Precedent

May 16, 2023

What's New

Several recent actions by Jennifer Abruzzo, general counsel at the National Labor Relations Board, signal her prominent influence on the formation of national labor policy.

Several recent actions by Jennifer Abruzzo, general counsel at the National Labor Relations Board, signal her prominent influence on the formation of national labor policy. Some of Abruzzo’s latest labor policy pronouncements include:

• Issuing guidance on the effect of McLaren Macomb on severance agreements,
• Instructing regional offices to submit cases involving electronic surveillance or algorithmic management that interfere with employees’ rights to bargain or form a union, and
• Stating that the Board should overturn its precedent permitting employers to hold mandatory captive audience meetings.

In addition to policy matters, Abruzzo recently issued two memos advising NLRB field offices on specific cases. In one, she instructed the field office to use a newly decided case as a vehicle to overrule a Trump-era case. In the other, she advocated the reversal of a different precedent.

What It Means

Abruzzo is changing U.S. labor law precedent to better fit her vision of a more union-friendly workplace. Her views are important because she has unreviewable discretion to select alleged labor violations for prosecution—and by extension, the legal theories on which the Board will ultimately have an opportunity to rule.

To the extent that employers are involved in the issues flagged by Abruzzo, they’re on notice that she is actively seeking to change existing law.

What You Should Do

CWC members can read more here.

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