New NLRB GC identifies possible changes

Those of you who have watched the National Labor Relations Board (NLRB)—the nation's primary enforcer of labor law—over the years no doubt expect it to reshuffle its priorities when the White House changes parties. The Board swore in Jennifer Abruzzo as its new general counsel (GC) on July 22, 2021, and three weeks later, she released an internal memorandum blueprint for changes to the law she would like to see the agency implement.

GC's memorandum isn't binding

Abruzzo's memorandum isn't binding, and it isn't a perfect picture of how labor law will change. Instead, it's a list of issues the GC wants to tee up for the agency's other political appointees, namely the five members of the Board itself, who can change the law. To enact a change, they must either publish a new rule or decide a case on the topic.

The GCs usually can't present all of their priority issues to the NLRB before it changes party control again. Also, even when the Board considers an issue, there's no guarantee it will agree with the leader's position or that a federal court will enforce its decision on appeal.

Nevertheless, prepare for the following changes

The GCs are usually able to accomplish most of their priorities, however, and the NLRB often makes the changes retroactive to all pending cases. Therefore, you should study Abruzzo's memo carefully and consider how to prepare for changes such as the following: