Behind NLRB activity, funding crisis looms

The National Labor Relations Board (NLRB) and, particularly, the aggressive actions by General Counsel (GC) Jennifer Abruzzo have properly attracted the attention of unions, employers, and politicians, but all that increased activity appears to have sapped the resources of this thinly funded agency.

In the past year alone, union election petitions have increased by 53%. At the same time, unfair labor practice charges also increased from 15,028 filings to 17,988—an increase of 19%. In addition, the NLRB has taken on some wealthy and determined adversaries—two being Starbucks and Amazon—in what will be lengthy and costly litigation involving more than run-of-the-mill allegations.

NLRB pushing controversial positions

Some of the most controversial NLRB actions include taking the position, among others, that statements made in a press interview by the Starbucks CEO constitute illicit interference in the right to unionize.

In another case, the NLRB is seeking compensatory damages in a refusal-to-bargain case against Starbucks, which would require some form of backpay or monetary damages for the time the company illicitly refused to bargain. This position would overturn a 50-year-old precedent (Ex-cell-o Corp.) prohibiting that kind of monetary relief and requiring a whole new mechanism for challenging elections to be created, as the current legal procedure offers employers no other way to get their case to a court.