OFCCP Week In Overview: August 2021 #3 | DirectEmployers Association

Rose Hansen

Thursday, August 12, 2021: NLRB Memo Directs Locations on Necessary Difficulties to Submit to Headquarters Searching for to further centralize, handle and make uniform these labor policies of desire to her business, Jennifer A. Abruzzo (the Nationwide Labor Relations Board’s (NLRB’s) controversial Standard Counsel), issued her initial memo because Vice […]

Thursday, August 12, 2021: NLRB Memo Directs Locations on Necessary Difficulties to Submit to Headquarters

Searching for to further centralize, handle and make uniform these labor policies of desire to her business, Jennifer A. Abruzzo (the Nationwide Labor Relations Board’s (NLRB’s) controversial Standard Counsel), issued her initial memo because Vice President Harris’ tie-breaker vote, authorized her to secure the purpose. The 10-webpage memo, titled, Necessary Submissions to Guidance, lays out a strategy for all Regional Administrators, Officers-in-Demand, and Resident Officers on some of the priorities of the Place of work of the Typical Counsel.

“As our place fights a horrific pandemic and returns from an unprecedented economic economic downturn, it is significant that the NLRB vigorously safeguard the rights of staff to freely associate and act collectively to increase their wages and working circumstances,” claimed Common Counsel Jennifer Abruzzo. “This memo ought to be viewed as a highway map for techniques in which the Company will greater effectuate its mission and congressional mandate, which includes preserving the suitable to interact in concerted pursuits for mutual aid or protection and encouraging collective bargaining.”

Ms. Abruzzo divided the memo into 3 sections.

  • The first portion identifies eleven subject issue areas consisting of instances wherever, in the final several decades, the Board overruled lawful precedent
  • the second portion identifies seven other initiatives and spots that the Common Counsel wants to study cautiously and
  • the 3rd segment identifies other circumstance-handling matters historically submitted to Tips.

The memo warns that its listing of issue make any difference regions of curiosity to Ms. Abruzzo is not exhaustive and may possibly evolve as plan challenges, and additional scenarios occur.

Portion a single involves the adhering to eleven issue subject regions:

  • employer handbook regulations,
  • confidentiality provisions in separation agreements,
  • defining the scope of secured concerted exercise,
  • Wright Line/Standard Counsel’s stress,
  • remedial challenges,
  • union obtain,
  • union dues,
  • personnel status,
  • jurisdiction around spiritual institutions,
  • employer obligation to recognize or cut price, and
  • deferral.

Section two lists 7 supplemental subject matter parts that Ms. Abruzzo would like to study. These consist of situations involving employee status, Weingarten rights, National Mediation Board vs. NLRB jurisdiction, employer obligation to understand and deal, employees’ Area 7 suitable to strike or picket, treatments and compliance, and employer interference with employees’ Part 7 rights.

Ultimately, the memo lists various supplemental situation-dealing with matters that are traditionally submitted to Information. These incorporate 10(j) injunctions (to temporarily enjoin alleged unfair labor procedures pending court resolution of the fundamental dispute), circumstances involving the validity of partial lockouts, and conditions with intricate subpoena problems.

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