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ABC Meets With OMB, Voices Concerns About OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard

October 20, 2021

On Oct. 20, ABC met with the Office of Management and Budget to express its concerns about the forthcoming U.S. Department of Labor’s Occupational Health and Safety Administration COVID-19 Vaccination and Testing Emergency Temporary Standard, which will apply to employers with 100 or more employees as required by President Biden’s Path Out of the Pandemic COVID-19 Action Plan. Currently, the OSHA ETS is at the Office of Information and Regulatory Affairs at OMB for final review before it is officially published in the federal register. At this time, neither OMB nor DOL have made the contents of the ETS public.

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From the category archives: GA - NLRB

NLRB General Counsel Issues Memo on Student-Athletes That Could Affect Employers

On Sept. 29, National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 21-08 to all Field offices asserting that student-athletes receiving scholarships at private colleges and universities are employees under the National Labor Relations Act.

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Democrats Regain Majority on the NLRB

On Aug. 28, David M. Prouty was sworn in as a new Democratic member of the National Labor Relations Board for a term expiring on Aug. 27, 2026. Prouty replaces Republican member William Emanuel, whose term expired in August. Democrats now have a 3-2 majority, with Marvin Kaplan and John Ring serving as the two Republican members.

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NLRB’s New General Counsel Issues Memorandum Outlining Priorities

On Aug. 12, the National Labor Relations Board’s new general counsel, Jennifer A. Abruzzo, issued Memorandum GC 21-04 to all NLRB regional offices, which outlines the priorities of the Office of the General Counsel.

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NLRB Finds Union Inflatables and Bannering Do Not Violate Federal Labor Law

On July 21, the National Labor Relations Board issued a decision in Lippert Components Inc. 371 NLRB No. 8 (2021), finding that a union did not violate the National Labor Relations Act through its use of inflatables and banners intended to target employers.

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Jennifer Abruzzo Sworn in as New NLRB General Counsel

On July 22, the National Labor Relations Board swore in Jennifer Abruzzo to serve as general counsel for a four-year term. This occurred after the U.S. Senate confirmed Abruzzo on July 21 by a vote of 51-50, with Vice President Kamala Harris casting the tie-breaking vote. Prior to her appointment, Abruzzo most recently served as Special Counsel for Strategic Initiatives for Communications Workers of America and as and a former acting general counsel for the NLRB in 2017.

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Biden Administration Releases Spring 2021 Regulatory Agenda

On June 11, the Biden administration released its Spring 2021 Unified Agenda of Regulatory and Deregulatory Actions.  The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish through the end of the year and into 2022. ABC has prepared a summary of the actions of interest to ABC members by agency. 
 

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ABC Supports Voter List Information Revision in NLRB Election Proposal

On Sept. 28, ABC submitted comments to the National Labor Relations Board on its proposed rule amending the agency’s representation election regulations under the National Labor Relations Act. Additionally, the ABC-led Coalition for a Democratic Workplace submitted comments in support of the NLRB’s proposal, officially titled Representation-Case Procedures: Voter List Contact Information; Absentee Ballots for Employees on Military Leave.

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NLRB Members Kaplan and McFerran Sworn in for Second Term

On Aug. 10, Marvin Kaplan (R) and Lauren McFerran (D) were sworn in for their second terms on the National Labor Relations Board. ABC supported Kaplan’s nomination to serve a second term and sent a letter to Senate leadership encouraging his confirmation.

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NLRB Issues Proposal on Employee Privacy and Absentee Ballots for Workers on Military Leave

On July 29, the National Labor Relations Board issued a proposed rule titled Representation-Case Procedures: Voter List Contact Information; Absentee Ballots for Employees on Military Leave, which proposes two amendments to the representation election regulations under the National Labor Relations Act.

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Court Blocks Several Aspects of 2019 NLRB Final Election Rule

In March, the AFL-CIO sued the National Labor Relations Board to block its 2019 final election rule, officially known as Representation-Case Procedures, which would modify procedures for union elections and scale back provisions of the Obama-era “ambush” election rule. On May 30, the U.S. District Court for the District of Columbia blocked several aspects of the NLRB’s 2019 final rule, which were scheduled to go into effect on May 31.

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