Under the administrative scheme established by the National Labor Relations Act (NLRA)– the federal law that governs the relationship between employers, employees, and labor unions – the discretion whether to issue an administrative complaint against an employer based on an unfair labor practice charge is held by the National Labor Relations Board’s (NLRB or Board) General Counsel. The General Counsel therefore acts as the NLRB’s chief prosecutor. In that role, the General Counsel controls what issues are presented to the NLRB for decision (by deciding what issues are to be prosecuted), including those cases that may present novel issues or that provide vehicles through which to seek a change in existing federal labor law.
Jennifer Abruzzo was the NLRB’s General Counsel during the Biden Administration. During her tenure as General Counsel, she issued more than two dozen guidance memoranda (“GC Memos”) addressing a wide range of issues. Many of these GC Memos were controversial because they sought to stake out new positions in areas not previously regulated by the NLRA. For example, in 2021, Ms. Abruzzo expressed her position in a GC Memo that scholarship athletes at private universities are employees and therefore can organize and bargain collectively, as well as enjoy the protections of the NLRA. In 2023, she issued a GC Memo that set out her position – and therefore signaled her intent to prosecute in appropriate cases – that certain non-competition and employee...
In its continuing action against fraudulent tax deductions, the Income Tax (I-T) Department has found fresh cases of manipulation even after taxpayers were given the opportunity to correct their r...