Many of the National Labor Relations Board (NLRB) general counsel (GC) memos issued during the Biden administration were rescinded on Feb. 14, easing burdens on employers.
Rescinded memos include:
- GC 21-08 Statutory Rights of Players at Academic Institutions (Student-Athletes) Under the National Labor Relations Act (NLRA).
- GC 22-06 Update on Efforts to Secure Full Remedies in Settlements (Revised Attachment).
- GC 23-02 Electronic Monitoring and Algorithmic Management of Employees Interfering with Section 7 Rights.
- GC 23-08 Noncompete Agreements that Violate the NLRA.
- GC 24-04 Securing Full Remedies for All Victims of Unlawful Conduct.
- GC 25-01 Remedying the Harmful Effects of Noncompete and ‘Stay-or-Pay’ Provisions that Violate the NLRA.
In addition, many memos were rescinded pending further guidance, including:
- GC 21-06 Seeking Full Remedies.
- GC 24-01 (Revised) Guidance in Response to Inquiries About the Board’s Decision in Cemex Construction Materials Pacific LLC.
- GC 25-04 Harmonization of the NLRA and EEO Laws.
The harmonization memo was “aimed at addressing employee conduct/comments made in the course of engaging in NLRA-protected activity,” such as an employee airing workplace concerns during a grievance meeting or contract negotiations, said David Pryzbylski, an attorney with Barnes & Thornburg in Indianapolis.
“There can be tensions between an employer’s obligations under EEO [Equal Employment Opportunity] laws—like Title VII [of the Civil Rights Act of...
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