The current National Labor Relations Board (NLRB) majority is being pushed to overturn longstanding labor precedents – some that have been in place 75 years – at the behest of their General Counsel (GC), Jennifer Abruzzo.
Republican Members of Congress on the House Education and Labor Committee sent a letter on June 27 to GC Abruzzo, urging that she stop her efforts to rewrite labor law by seeking to ban so-called “captive audience” meetings. The letter comes as a response to GC Memorandum 22-04, which Abruzzo issued on April 7, announcing that she would ask the Board to find that meetings at which employers express their views on union organizing violate the National Labor Relations Act (NLRA). However, Board precedent—and the text of the law—prove otherwise.
Not long after releasing that memorandum, Abruzzo’s office, through the Counsel for the General Counsel (CGC), filed an 82-page brief in Cemex Construction Materials Pacific LLC in which the CGC urged the Board to overrule Babcock & Wilcox Co. That 1948 Board decision found that the employer did not violate the NLRA “by compelling its employees during working hours to attend and listen” to their supervisor discuss union issues.
As this blog observed in April, the General Counsel’s view does not jibe with the text of the NLRA, which Congress amended in 1947 to state explicitly that “the expressing of any views, argument, or opinion” by an employer about union issues does not constitute an unfair labor practice...
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