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.
As the NLRB press release states, the 10-page memo is divided into three sections: the first section identifies cases and subject matter areas where, in the last several years, the board overruled legal precedent; the second section identifies other initiatives and areas that the general counsel wants to carefully examine; and the third section identifies other case handling matters traditionally submitted to the general counsel’s office for advice.
Some of the more than 40 issues and Trump-era board decisions Abruzzo identified for review include:
- general handbook policies and the 2017 Boeing decision
- definitions and limitations around protected and concerted activity
- union access to the workplace and employer property, including Caesar’s Entertainment and union access to employers’ email systems
- employee versus independent contractor status and the 2019 SuperShuttle decision
- intermittent strikes and secondary activity
- board jurisdiction over religious institutions
- duty to recognize and bargain
- arbitration and confidentiality agreements, including the 2019 Apogee Retail decision
Read more about Memorandum GC 21-04 in an analysis issued by ABC National’s general counsel Littler Mendelson, P.C.
ABC plans to monitor the NLRB board closely as it moves forward on these issues and cases and will provide any updates in Newsline.