July was a busy month for the National Labor Relations Board (“NLRB”). In the span of a week, the NLRB signed Memoranda of Understanding (“MOU”) with both the Federal Trade Commission and the U.S. Department of Justice’s Antitrust Division. Signaling a desire to work collaboratively across federal agencies, both MOUs highlight the shared interests between the NLRB, FTC, and DOJ in promoting free, open, and competitive labor markets through increased information sharing, training, and enforcement actions.
These agreements come just over a year after President Biden issued an “Executive Order on Promoting Competition in the American Economy,” which called on several federal agencies to address competition issues, and included a mandate for agencies to “coordinate, promote, and advance Federal Government efforts to address overconcentration, monopolization, and unfair competition in or directly affecting the American economy.” While the NLRB was not explicitly identified in the Executive Order (and the DOJ and FTC were), these recent partnerships unmistakably indicate that labor issues and anti-competition issues are inextricably linked, and the NLRB’s willingness to collaborate with other federal agencies to carry out its mandate under the National Labor Relations Act. Moreover, these recent efforts also represent a clear step by President Biden to follow through on his campaign promise to strengthen unions, worker organizing efforts, and collective bargaining. We discuss...
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https://www.mintz.com/insights-center/viewpoints/2226/2022-08-15-nlrbs-busy-j...