OFCCP 7 days In Evaluation: August 2021 #3 | DirectEmployers Association

Dee Yonker

Thursday, August 12, 2021: NLRB Memo Directs Areas on Required Troubles to Post to Headquarters

In search of to even further centralize, handle and make uniform these labor policies of curiosity to her business office, Jennifer A. Abruzzo (the National Labor Relations Board’s (NLRB’s) controversial Common Counsel), issued her initially memo given that Vice President Harris’ tie-breaker vote, allowed her to safe the purpose. The 10-webpage memo, titled, Mandatory Submissions to Suggestions, lays out a approach for all Regional Administrators, Officers-in-Demand, and Resident Officers on some of the priorities of the Place of work of the Common Counsel.

“As our place fights a horrific pandemic and returns from an unprecedented economic recession, it is critical that the NLRB vigorously safeguard the rights of personnel to freely affiliate and act collectively to enhance their wages and doing work ailments,” reported Common Counsel Jennifer Abruzzo. “This memo need to be found as a road map for means in which the Agency will superior effectuate its mission and congressional mandate, which include protecting the suitable to engage in concerted activities for mutual assist or defense and encouraging collective bargaining.”

Ms. Abruzzo divided the memo into a few sections.

  • The initially portion identifies eleven matter make any difference regions consisting of scenarios where, in the very last various decades, the Board overruled lawful precedent
  • the second part identifies 7 other initiatives and places that the Standard Counsel needs to look at very carefully and
  • the third area identifies other case-managing matters historically submitted to Suggestions.

The memo warns that its list of topic make any difference spots of desire to Ms. Abruzzo is not exhaustive and may well evolve as policy challenges, and more conditions arise.

Segment a person consists of the subsequent eleven topic subject parts:

  • employer handbook policies,
  • confidentiality provisions in separation agreements,
  • defining the scope of protected concerted activity,
  • Wright Line/Basic Counsel’s load,
  • remedial troubles,
  • union access,
  • union dues,
  • employee status,
  • jurisdiction over religious institutions,
  • employer responsibility to figure out or cut price, and
  • deferral.

Portion two lists seven extra issue areas that Ms. Abruzzo would like to study. These contain situations involving employee standing, Weingarten rights, Nationwide Mediation Board vs. NLRB jurisdiction, employer obligation to acknowledge and deal, employees’ Segment 7 proper to strike or picket, therapies and compliance, and employer interference with employees’ Area 7 rights.

Last but not least, the memo lists several further circumstance-managing matters that are historically submitted to Tips. These consist of 10(j) injunctions (to temporarily enjoin alleged unfair labor tactics pending court docket resolution of the underlying dispute), scenarios involving the validity of partial lockouts, and instances with elaborate subpoena difficulties.

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