The removal of NLRB General Counsel, Peter Robb, by the Biden administration was unprecedented. Some have predicted that legal challenges to his forced removal could impede the Biden board, but apparently the pro-union steamroller is working up momentum.
Ten of Robb’s individual policy directives have been rescinded by acting GC Peter Ohr. Directives related to analysis of the Boeing decision, neutrality agreements, and some that tightened requirements for unions were among those targeted in Ohr’s initial actions. In mid-February, Jennifer Abruzzo received the nomination as the next NLRB General Counsel.
The NLRB’s 2019 Caesar Entertainment ruling allowing employer restrictions of union-related employee email is facing a legal test in a T-Mobile case. The board upheld the propriety of employer restrictions in an April 2020 ruling, but the Communications Workers appealed the decision to the D.C. Circuit.
In a divided decision, the NLRB expanded protections for workers who initiated a “wildcat” strike during contract negotiations. What appeared to tip the decision in favor of the workers was the filing of a grievance by a union steward on behalf of the dismissed employees, though the employees struck without original approval by the union.
Employers received another social media policy reprieve when the NLRB overturned an Administrative Law Judge’s decision on January 25th. Among the provisions upheld:
- Prohibition on disclosure of proprietary or confidential information of the employer or co-workers.
- Limitations on an employee’s use of the employer’s name, logo, trademarks, or other symbols in social media to endorse, promote, denigrate or otherwise comment on any product, opinion, cause or person.
- Prohibition on posting of photos of coworkers without their written consent.
- Prohibition on use of social media to disparage the employer or others.
- Prohibition of “inappropriate communications” generally on social media.
It’s reasonable to expect a Biden board will unravel these guidelines in the near future.
To close, a few more prognostications about the direction of the Biden DOL:
- From JDSupra: What Does a Biden Administration and Democratic Control of Congress Mean for Labor Policy?
- From The National Law Review: Non-Union Construction Companies Face Significant Threats Under the PRO Act
- From Bloomberg Law: Employers Should Get Ready for More OSHA Enforcement Under Biden’s DOL
