Amending “Make Whole” Remedy?

Speaking of the National Labor Relations Board (NLRB), it would appear that current agency leadership would like to see new penalties applied when unfair labor practices have been confirmed. The NLRB Board decided in November that an employer was guilty of unfair labor practices in terminating 6 employees for not negotiating the terminations with the…

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NLRB GC Makes Plans Known

It took quite a bit of time for newly installed General Counsel at the National Labor Relations Board (NLRB) Jennifer Abruzzo to win final Senate confirmation to the post, but she’s not wasting any time in setting a new tone for the agency now that she’s in the position.  Shortly after she was sworn into…

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Senate Confirms Abruzzo

Last week, the U.S. Senate confirmed attorney Jennifer Abruzzo as the new General Counsel for the National Labor Relations Board (NLRB). Abruzzo, who was nominated for the post by President Biden back in mid-February, needed Vice President Kamala Harris to break a 50-50 tie along party lines in the Senate. Although she most recently served…

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NLRB Enhancing Enforcement

National Labor Relations Board Acting General Counsel Peter Sung Ohr two weeks ago issued a new Memorandum (GC 21-03) to the NLRB field offices significantly adjusting agency enforcement priorities under Section 7 of the National Labor Relations Act (NLRA). GC 21-03 points to the increased workplace health and safety issues relating from the COVID-19 pandemic…

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Union Lawyer Nominated for NLRB Post

Staying on the broad subject of organized labor and its outsized influence in the current administration, President Biden last week officially nominated Jennifer Abruzzo for the post of National Labor Relations Board General Counsel. Abruzzo, who had previously served in a number of different capacities at the NLRB including acting General Counsel during the Obama…

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This Time Biden Fires Acting NLRB Counsel

Last week, our lead story in Small Regular No Sugar! was the firing of National Labor Relations General Counsel Peter Robb. In his place, deputy general counsel, Alice Stock, ascended to the position of Acting General Counsel until a replacement was to be named. Her tenure was quite short however, as Biden turned around and…

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NLRB Lawyer Criticizes Joint Employer Proposal

The public comment period on a proposed new regulation from the National Labor Relations Board (NLRB) governing joint employer status remains open for another 2 weeks, but the proposal has already received some harsh criticism – from the General Counsel of the agency himself! NLRB General Counsel Peter Robb released his comments just over one…

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NLRB Judge Rejects McDonald’s Joint Employer Deal

As we’ve reported over the past few weeks, the question of Administrative Law Judges and their decisions came to the forefront this week when National Labor Relations Board ALJ Lauren Esposito rejected a proposed settlement on the joint employer issue. The case stems from Obama-era NLRB General Counsel Richard Griffin issuing a 2014 directive expanding…

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SCOTUS Stealing The Headlines

Our democracy is predicated on the three branches of government being equal in power, but over the past week or so, the judiciary – and the US Supreme Court in particular – has sucked all the power out of the room! Most recently, the court’s decision in the Janus case (which we cover below) has…

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NLRB Guidance on Employee Handbooks

Just a week or so ago, National Labor Relations Board (NLRB) General Counsel Peter Robb sent a new guidance memo out to regional directors across the country advising how the new employee handbook standard should be applied. The memo summarizes each of three categories of rules in which the provision in question should be placed…

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