Abruzzo also challenges decades of precedent by asserting that employers are breaking the law when they tell workers that unionization wipes out their right to deal directly with management. She seeks to change a long-standing precedent from a 1985 NLRB case called Tri Cast Inc. that gives employers wide latitude on what they can say during unionization drives.
In the advice memo issued Jan. 31, Abruzzo cited these as examples of statements she might find unlawful; “If you sign a union card, you’ll be giving up your right to speak for and represent yourself,” and “You can’t just come to me [manager] anymore. You have to go to your union rep.”
These latest attacks from Abruzzo represent more of her continued attacks on long-standing NLRB practices she believes unfairly tilt the advantage in NLRB cases toward employers. All the changes mentioned above will make it harder for employers to resist unionization and make it easier for unions to win organizing elections at a higher rate.
