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CDW Requests US Supreme Court Review of Property Destruction Decision

On June 16, the ABC-led Coalition for a Democratic Workplace and several other employer organizations filed an amicus brief with the U.S. Supreme Court requesting review of the Washington Supreme Court’s recent decision in Glacier Northwest, which stated that the National Labor Relations Board preempts state tort suits, allowing unions and their supporters to intentionally destroy an employer’s property while claiming to be engaged in protected concerted activity.

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ABC, CDW Raise Alarm on NLRB, EEOC Conflicts

On May 9, ABC and the Coalition for a Democratic Workplace sent a letter to the Senate Health, Education, Labor and Pensions Committee to voice concerns with the current tension between federal anti-discrimination laws and federal labor relations laws as implemented by the National Labor Relations Board and its general counsel.

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ABC Joins Amicus Brief on NLRB’s Employer Handbook Rules

On March 7, the ABC-led Coalition for a Democratic Workplace filed an amicus brief in Stericycle, a case in which the National Labor Relations Board is considering changing the way it reviews employer handbook rules to determine if they violate workers’ rights to collectively bargain. On Jan. 6, the board invited parties and amici to submit briefs. ABC along with several other organizations joined the brief.

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CDW Pushes Back on NLRB Independent Contractor Case, Conflicts of Interest

On Feb. 11, the ABC-led Coalition for a Democratic Workplace filed an amicus brief before the National Labor Relations Board in The Atlanta Opera, a case dealing with the independent contractor standard.

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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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