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Saturday, March 7, 2026

Turning the Page: New NLRB General Counsel Signals Changes for Employers from Aggressive Litigation Priorities and Investigatory Tactics (US) - Employment Law Worldview

In enforcing the National Labor Relations Act (Act), the National Labor Relations Board (NLRB or Board) exercises two principal functions: it supervises and conducts union representation elections through which employees decide whether be represented by a union, as well as decides cases involving alleged violations of the Act, referred to as unfair labor practice charges (ULPs).

The NLRB’s General Counsel (GC) is the agency’s chief prosecutor. The GC sets the Board’s adjudicatory agenda by determining which ULP cases are presented to the NLRB for decision. The GC does so by not only deploying her labor policy agenda and objectives, but by also directing the processes by which ULP cases are investigated and ultimately litigated.

We’ve blogged extensively about the significant and far-reaching actions taken by now-former NLRB General Counsel Jennifer Abruzzo to advance her pro-union vision of how the Act should be applied and enforced. Under her leadership, which was during the Biden Administration, NLRB investigative priorities were expanded and ULP cases were presented to an equally pro-union Democrat-appointee majority NLRB that willingly moved former GC Abruzzo’s agenda forward, seizing the opportunity provided by her to profoundly tilt the field in favor of unions.

Thankfully for employers, times have changed. Ms. Abruzzo was fired by President Trump immediately after his inauguration in January 2024. Following considerable delays, including due to the lengthy...



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