On September 29, 2021, the General Counsel of the National Labor Relations Board (NLRB) issued a Guidance Memorandum ("Memorandum") setting forth her view that certain student-athletes are employees under the National Labor Relations Act (NLRA). NLRB General Counsel Releases Issue Priorities Memorandum ... NLRB GC Memo Provides Updated Guidance on Common Employer ... GC 21-03. Advice Memos Advice memoranda issue guidance to regional offices directing dismissal of charges or issuance of complaints. NLRB General Counsel Issues Memo Regarding Bargaining ... 9 NLRB v. A.P.R.A. Boardman Clark | NLRB General Counsel Memo States that ... Contempt, Compliance, and Special Litigation Branch Briefs TO: All Regional Directors, Officers-in-Charge, and Resident Officers . NLRB General Counsel Reveals Intent to Expand Section 7 Protections. • Cases involving the applicability of Electrolux Home Products, 368 NLRB No. The memo issued on Wednesday by NLRB General Counsel Jennifer Abruzzo doesn't immediately change the current dynamic, in which players rake in . In its decision in The Boeing Company, 365 NLRB No. NLRB General Counsel Says College Athletes Are Statutory ... By: Peter A. Jones and Richard J. Evrard The General Counsel for the National Labor Relations Board (NLRB or Board), who has authority for setting prosecutorial policy for the NLRB, issued a General Counsel Memorandum (GC Memo) today, reversing the prior Board General Counsel . On August 12, 2021, the recently confirmed General Counsel (GC) of the National Labor Relations Board, Jennifer Abruzzo, issued her first official memo. 34 (2019) (de-emphasizing the significance of pretext in furtherance of satisfying the General Counsel's burden under Wright Line, and distinguishing El Paso Electric Co., 355 NLRB 428 n. 3 (2010) and Whitesville Mill Service Co., 307 NLRB 937 (1992) (where pretext was relied upon to satisfy the General Counsel . Per an NLRB press release, GC Memo 21-04 "lays out a clear agenda…on some priorities of the Office of the General Counsel.". FROM: Richard A . In January 2017, the general counsel at the time, Richard Griffin, offered the same basic opinion in a memorandum. 10 Regions should submit to Advice cases in which a respondent makes this contention. National Labor Relations Board OFFICE OF THE GENERAL COUNSEL Advice Memorandum S.A.M. 02/01/2021. This memo reinstates GC 17-01, to the extent it is consistent with this memo, and, additionally, provides In 2019, in SuperShuttle DFW, Inc., the Board overruled the prior standard for determining independent contractor . GC 21-02. The National Labor Relations Board's (NLRB's) acting general counsel, Peter Sung Ohr, announced Feb. 1 that he was rescinding 10 memos that he considered inconsistent with the National Labor . On November 10, 2021, National Labor Relations Board ("NLRB") General Counsel Jennifer Abruzzo issued a memorandum outlining employers' bargaining obligations with respect to compliance with OSHA's. "From her perspective [the NLRB general counsel and author of the memo], certain […] The Board swore in Jennifer Abruzzo as its new general counsel (GC) on July 22, 2021, and three weeks later, she released an internal memorandum blueprint for changes to the law she would like to see the agency implement. Acting General Counsel Ohr's Monday Memorandum explained that he determined that the rescinded memos were either inconsistent with NLRB policies and/or Board law, or are no longer necessary. On November 10, 2021, General Counsel Jennifer Abruzzo issued a memorandum outlining . On November 10, 2021, Joan A. Sullivan, acting associate general counsel of the National Labor Relations Board, released Operations Management Memorandum 22-03 concerning bargaining obligations under the Department of Labor's Emergency Temporary Standard to Protect Workers from Coronavirus (ETS) (OSHA's "vaccinate or test" mandate).The guidance contained in OM 22-03 suggests that while the . Rescission of Certain General Counsel Memoranda. In a notice issued today in The Atlanta Opera, Inc. 371 NLRB No. Abruzzo's memorandum isn't binding, and it isn't a perfect picture of how labor law will change. NLRB's General Counsel Issues Memos on Union Obligations By Chad Horton Posted March 29, 2019 The General Counsel (GC) of the National Labor Relations Board, Peter Robb, issued two General Counsel memos this month dealing primarily with unions' obligations under the National Labor Relations Act (the Act). 34 (2019) (de-emphasizing the significance of pretext in furtherance of satisfying the General Counsel's burden under Wright Line, and distinguishing El Paso Electric Co., 355 NLRB 428 n. 3 (2010) and Whitesville Mill Service Co., 307 NLRB 937 (1992) (where pretext was relied upon to satisfy the General Counsel . • Cases involving the applicability of Electrolux Home Products, 368 NLRB No. GC 21-02. On March 30, 2021, the Office of General Counsel of the National Labor Relation Board ("NLRB" or "Board") released an Obama-era Advice Memorandum, originally prepared in 2016, opining that racially charged comments were protected concerted activity. On August 12, 2021 NLRB General Counsel Jennifer A. Abruzzo issued her "Mandatory Submissions to Advice" memorandum (Memorandum GC 21-04), outlining her agenda items and priority issues for NLRB Regional Directors, Officers-in-Charge, and Resident Officers. NLRB General Counsel Peter Robb issued General Counsel Memo 20-14 to summarize the types of COVID-related complaints that he has advised the agency to pursue since March 2020. 86 (September 23, . allen.smith@shrm.org. On August 12, the NLRB's new general counsel (GC), Jennifer Abruzzo, issued Memorandum 21-04, instructing NLRB regional directors on her litigation priorities.. National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo recently issued a hard-hitting memorandum urging the board's regional offices to consider closely the full scope of . Rescission of Certain General Counsel Memoranda. Employer's right to discipline for abusive conduct - General Counsel Abruzzo also wishes to reexamine the Board's decision in General Motors, 369 NLRB No. On Sept. 29, 2021, the National Labor Relations Board (NLRB) general counsel issued General Counsel Memorandum GC 21-08, in which she announces that she believes certain college student-athletes . On March 27, 2020, NLRB General Counsel Peter Robb issued Memorandum GC-20-04 to provide guidance to NLRB regional offices and the general public.. Labor and Employment Alert, November 15, 2021 . GC 21-01. NLRB General Counsel Abruzzo Issues Memo on Employee Status of Players at Academic Institutions . Cases involving the applicability of General Motors, 369 NLRB No. College athletes who make millions for their schools moved one step closer to gaining the rights afforded private sector workers when the top lawyer for the National Labor Relations Board said in a memo they should be treated as employees of the school. The National Labor Relations Board's General Counsel just issued a Memorandum staking out her position that unionized employers must bargain with their unions over the implementation of OSHA's recently announced mandate-or-test Emergency Temporary Standard (ETS).That rule - currently stalled in litigation but poised to potentially be resurrected at any moment - will require covered . The purpose of Advice Memos is for all NLRB Regions to have the same guidance in addressing similar issues. With two memoranda published September 8 th and September 15 th, NLRB General Counsel ("GC") Jennifer Abruzzo looks to take further progress toward fulfilling President Biden's promise to be the "strongest labor President you have ever had." On February 2, Ohr continued his actions by rolling back two Operations Management memos that were also issued during Robb's term.. Ohr's actions come one week after he was appointed to the post by President Biden . Today, the National Labor Relations Board's General Counsel, Jennifer Abruzzo, released a highly relevant and impactful memo on the office's intent to seek a rather stunning new array of remedies in unfair labor practice cases. NLRB General Counsel Issues Memos Calling for New Harsher Penalties for Unfair Labor Practice Violations NLRB General Counsel Sets an Agenda to Reverse Trump-Era Board Policy Scabby Survives Another Trip to the NLRB: Board Reaffirms Rat-and-Banner Displays Targeting Neutral Businesses Are Permissible 11 326 NLRB No. GC 21-01. General Counsel's burden under Wright Line, and distinguishing El Paso Electric Co., 355 NLRB 428 n. 3 (2010) and Whitesville Mill Service Co., 307 NLRB 937 (1992) (where pretext was relied upon to satisfy the General Counsel's burden of proof)). On Sept. 29, Jennifer Abruzzo, general counsel of the National Labor Relations Board (NLRB), issued a memorandum to field offices providing updated guidance on her position that certain players at academic institutions, usually called "student-athletes," are employees under the National Labor Relations Act, and, as such, are afforded all statutory protections. In a little-noticed memo last week related to a case on remand from the U.S. Court of Appeals for the Ninth Circuit, Abruzzo encouraged the board to . The Board ordered similar provisions in Three Sisters Sportswear Co., 312 NLRB 853 (1993) and in Monfort, Inc., 298 NLRB 73, 86-89 (1990) and, to a somewhat lesser degree, in United States Service Industries, Inc., 319 NLRB 231 (1995) and S. E. Nichols, Inc., 284 NLRB 556 (1987). 127 (2020) 45 (2021), the National Labor Relations Board invited parties and amici to submit briefs addressing whether the Board should reconsider its standard for determining the independent contractor status of workers.. Page Content. .icon phone blue text indent 9999px Find Your Regional Office FAQs Contact Español MyNLRB Phone blueGeneral Inquiries 844 762 NLRB About NLRB About NLRB Who Are The Board Lauren McFerran Marvin Kaplan. BREAKING: NLRB General Counsel Issues Memo on Bargaining Obligations Under OSHA's Vaccination Requirements By Steven Porzio, Joshua Fox and Tony S. Martinez on November 11, 2021 Posted in NLRB. November 15, 2021 Key Points: On November 11, 2021, the General Counsel to the NLRB issued a Memorandum concerning implementation of the OSHA ETS in unionized . The NLRB General Counsel's Office said in a memo released Wednesday that employers will generally need to bargain with their employees' union over how they implement the mandate "to the extent . OFFICE OF THE GENERAL COUNSEL Division of Operations-Management . National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum stating that, in her prosecutorial view, college athletes are statutory employees under the National . This one is devoted entirely to its position on the lawfulness of various typical social media policy provisions. On August 12, 2021, the NLRB's newly-confirmed General Counsel issued a memorandum flagging several workplace issues for reexamination. Acknowledging that "we are [currently] in an unprecedented situation," the General Counsel provided summaries of several NLRB decisions discussing how, if at all, an employer's duty to bargain under NLRA Section 8(d) may be affected by . Bass, Berry & Sims attorney Audrey Anderson discussed a memo released by the general counsel at the National Labor Relations Board (NLRB) recommending that athletes at private colleges be categorized as employees under federal labor law and therefore entitled to certain protections. NLRB General Counsel Peter Robb released a memo in June 2018 that explained his view of how Boeing would apply to various rules. NLRB General Counsel Memo States that College Athletes Are Employees Robert E. Gregg | 11.09.21 LEGISLATIVE AND ADMINISTRATIVE ACTIONS. September 29, 2021. There's a new sheriff in town at the National Labor Relations Board, and she is charting a new course for the Board. SUBJECT: Uber Technologies, Inc. Cases 13- CA-163062, 14- CA-158833, OFFICE OF THE GENERAL COUNSEL . On August 12, 2021 NLRB General Counsel Jennifer A. Abruzzo issued her "Mandatory Submissions to Advice" memorandum (Memorandum GC 21-04), outlining her agenda items and priority issues for NLRB Regional Directors, Officers-in-Charge, and Resident Officers. GC 21-03. GC 17-01 was later rescinded GC 18by-02. The memorandum offers a glimpse into a number of issues the new General Counsel believes need to be re-evaluated, largely because, as . New NLRB General Counsel Signals Major Changes Ahead. Guidance on Propriety of Mail Ballot Elections, pursuant to Aspirus Keweenaw. Now, shortly after being confirmed by the Senate, the new General Counsel of the NLRB, Jennifer Abruzzo, has charted a course for the sea change that is expected to occur at the Board. NLRB General Counsel Calls for Changes in Board Agenda. 02/01/2021. Though celebrated by advocates for reform, Griffin's memo didn't produce meaningful change. NLRB General Counsel Memo Highlights Collective Bargaining Obligations in OSHA's Vaccinate-or-Test Mandate for Unionized Workplaces. Date Document Issued/Filed By; 12/14/2021 : Initial Letter to Charged Party* NLRB - GC: 12/14/2021 : Initial Letter to Charging Party* .icon phone blue text indent 9999px Find Your Regional Office FAQs Contact Español MyNLRB Phone blueGeneral Inquiries 844 762 NLRB About NLRB About NLRB Who Are The Board Lauren McFerran Marvin Kaplan. The unprecedented ouster of the National Labor Relations Board's top lawyer will spark litigation over the Biden administration's authority to remove him that has the potential to undermine his successor's work, former agency attorneys and officials said. "As our country fights a horrific pandemic and returns from an unprecedented economic recession, it is critical that . and employees regarding how the Office of the General Counsel intended to apply those cases in the unfair labor practice arena. Signaling the beginning of what likely will be a major policy shift, Peter Ohr, acting General Counsel of the National Labor Relations Board (NLRB), on February 1, 2021 revoked 10 administrative guidance . a former Republican NLRB general counsel who represents employers for Bryan Cave . FROM: Peter B. Robb, General Counsel /s/ SUBJECT: Guidance on Handbook Rules Post-Boeing. The memo explains that although General Counsel Jennifer Abruzzo does not offer advisory opinions and each case stands on its . But the Boeing memo didn't touch on social media policies, except to say that restrictions on intellectual property use are lawful in part because workers' social media posts with an employer's logo can make . 154 (Dec. 14, 2017), the NLRB General Counsel Jennifer Abruzzo also threatened action against schools, conferences and the NCAA if they continue to use the term "student-athlete," saying that it was created to . General Counsel Memos General Counsel memoranda are issued to field offices and/or Washington offices by the General Counsel to provide policy guidance. BREAKING: NLRB General Counsel Issues Memo on Bargaining Obligations Under OSHA's Vaccination Requirements. Fuel Oil Buyers Group, 134 F.3d at 57. Image Caption. 03/31/2021. On September 29, 2021, Jennifer A. Abruzzo, General Counsel for the National Labor Relations Board ("NLRB"), issued a memorandum (GC 21-08) titled "Statutory Rights of Players at Academic Institutions (Student-Athletes) Under the National Labor Relations Act" (the "Memo"). Below is a press release from the NLRB General Counsel and a link to the memo that was released. The memo issued on Wednesday by NLRB General Counsel Jennifer Abruzzo doesn't immediately change the current dynamic, in which players rake in millions for their schools, conferences and the NCAA . 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