Labor Board, General Counsel Forge Different Paths to Same Goal

The National Labor Relations Board’s Democratic majority and the agency’s top lawyer are working together to change labor law for the benefit of workers and unions despite not always moving in perfect harmony, according to a Bloomberg Law analysis of precedential rulings.

The NLRB adopted the legal theories promoted by General Counsel Jennifer Abruzzo without significant differences in six of 14 cases in which her office submitted briefs arguing for a certain outcome and the board set new precedent since July 2021.

But the board didn’t break sharply from Abruzzo in those eight other precedential decisions. Instead, the NLRB varied ...