News & Analysis as of

Biden Administration Unions NLRB General Counsel

Venable LLP

Acting NLRB GC Cowen Rescinds Multiple Abruzzo-Era Memos

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Under the Biden administration and with former General Counsel Jennifer Abruzzo at the helm, the National Labor Relations Board (“the Board”) adopted a pro-union, pro-employee agenda. As expected, under the Trump...more

Holland & Knight LLP

Acting National Labor Relations Board General Counsel Rescinds Biden-Era Memoranda

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Under the new Trump Administration, there has been a number of recent developments at the National Labor Relations Board (Board) affecting employers. In particular, the Board's new general counsel (GC), William B. Cowen, has...more

Smith Anderson

NLRB Acting General Counsel Overturns Numerous Pro-Labor Biden-Era Policies

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On February 14, 2025, the National Labor Relations Board’s ("NLRB" or "Board") Acting General Counsel ("GC"), William Cowen issued General Counsel Memoranda ("GC Memo") 25-05, which rescinded more than a dozen GC Memos issued...more

Jackson Lewis P.C.

NLRB Acting GC: Student-Athletes Are Not Employees

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On February 18, 2025, National Labor Relations Board Acting General Counsel William Cowen rescinded a September 2021 memorandum in which former Board General Counsel Jennifer Abruzzo declared college athletes should be...more

Fox Rothschild LLP

New NLRB Counsel Overturns Biden-Era Policies, Signaling Pro-Employer Shift

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With one stroke of his pen, the National Labor Relations Board’s (NLRB) new Acting General Counsel, William Cowen, has effectively dismantled more than two dozen key Biden-era initiatives that favored employees and unions. ...more

Ballard Spahr LLP

NLRB Acting General Counsel Rescinds Numerous Biden-Era Guidance Memoranda

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The National Labor Relations Board’s Acting General Counsel has moved quickly to undo the work of his predecessor, a Biden appointee, who President Trump recently removed from office. On February 14, 2025, Acting General...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2024 Year-End Review

The hits just kept coming from the National Labor Relations Board in 2024. The final year of the Biden board produced a flurry of decisions that kept labor practitioners on their toes. It seemed that each month, there was a...more

BakerHostetler

Return of the (Pro-Employer) Jedi: The NLRB Under a Second Trump Administration

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Early in his presidency, Joe Biden promised to be “the most pro-union President leading the most pro-union administration in American history.” ...more

Genova Burns LLC

Supreme Court Agrees To Resolve Circuit Court Conflict Over Standard For Section 10(j) Injunction In Unionization Efforts...

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The boiling dispute over the unionization of baristas is heading to the Supreme Court. Section 10(j) of the National Labor Relations Act authorizes federal courts to issue preliminary injunctions against employers that are...more

Robinson & Cole LLP

Unions Are Adding Some Heat in the Kitchen for Food & Beverage Employers

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Currently, Americans view labor unions more favorably than they have in decades, leading to an increase in union activity. The National Labor Relations Board (NLRB) reported that for the first six months of fiscal year 2022...more

Foley & Lardner LLP

A New Wave of Unionization is Driving Change; Make Sure Your Organization Doesn’t Get Run Over

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The national conversation around union organization – increasingly lively of late – has focused on “new” players, whether grassroots unions, college-educated employees in the service industry, or professionals in the...more

Bodman

NLRB General Counsel Seeks to Facilitate Organizing

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The National Labor Relations Board’s current General Counsel, Jennifer Abbruzzo, is currently taking aggressive positions designed to help unions be more successful in organizing. The General Counsel is the agency’s top...more

FordHarrison

NLRB's Top Prosecutor Seeks to Muzzle Employers by Banning Employee Meetings

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Executive Summary: In an April 7, 2022 memo from the NLRB, General Counsel Jennifer Abruzzo (“Abruzzo”) announced her intent to challenge employers’ long-standing practice of holding informational meetings regarding union...more

Littler

NLRB General Counsel Aggressively Seeks to Expand Unions’ Right to Demand Recognition; Restrict Employer Speech

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National Labor Relations Board (“NLRB” or “the Board”) General Counsel Jennifer Abruzzo continues to push the Board to take aggressive and unprecedented pro-labor stances, seeking to overturn decades of well-settled...more

Perkins Coie

Labor Law Today—2021 Year in Review

Perkins Coie on

The Board’s composition changed significantly during 2021, switching from a Republican to a Democrat-appointed majority. The five seats on the Board are traditionally filled by two Democrats, two Republicans, and a chairman...more

Fisher Phillips

Top 10 Workplace Law Predictions for 2022

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Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

Morgan, Brown & Joy, LLP

NLRB General Counsel Explains Bargaining Obligations for Unionized Employers regarding the New Emergency Temporary Standard to...

On November 10, 2021, the National Labor Relations Board’s General Counsel’s’ Office issued Memorandum OM-22-03 outlining an employer’s bargaining obligations with their unions relating to the recent Emergency Temporary...more

Littler

NLRB Memo Addresses Bargaining Obligations Over OSHA’s COVID-19 Emergency Temporary Standard

Littler on

On November 10, 2021, Joan A. Sullivan, acting associate general counsel of the National Labor Relations Board, released Operations Management Memorandum 22-03 (OM 22-03) concerning bargaining obligations under the Department...more

Bodman

Unionized Employers Must Bargain About Vaccine Policies

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On November 10, 2021, the National Labor Relations Board’s General Counsel published OM 22-03 regarding the duty to bargain over issues related to the Occupational Safety and Health Administration’s (“OSHA”) Emergency...more

CDF Labor Law LLP

NLRB’s Pro-Union Shift and Ripple Effect On Your Workplace Policies

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On February 17, 2021, President Biden nominated Jennifer Abruzzo as the General Counsel of the National Labor Relations Board (“NLRB” or “Board”).  On July 21, 2021, the U.S Senate confirmed the nomination.  As the board...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Woods Rogers

Seven Things To Know About The Biden NLRB’s New “Road Map”

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The NLRB General Counsel’s Office is not wasting any time making changes to national labor law policy. General Counsel Jennifer Abruzzo recently issued her third memorandum in just two months. Abruzzo’s first memo,...more

Morgan Lewis

New NLRB General Counsel Announces Enforcement Priorities as Employers Prepare for Return of Obama-Era Precedent

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Newly confirmed National Labor Relations Board General Counsel Jennifer Abruzzo announced her enforcement priorities in a lengthy memorandum released on August 12, 2021. The memorandum requires employers to rethink their...more

Akerman LLP - HR Defense

New NLRB GC Memo Reveals Agency Strategy

All unionized and nonunionized private sector employers should prepare now for the anticipated legal changes contemplated in the National Labor Relations Board’s latest general counsel memorandum, GC 21-04. The Memorandum,...more

Fisher Phillips

Full House: A Fully Constituted Biden NLRB is Here

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Since President Biden’s inauguration, employers have known that the National Labor Relations Board (NLRB) would eventually return to a majority beholden to the interests of organized labor. However, the big question was when...more

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