NLRB Lets Top Lawyer Change Tune on Investigative Gag Orders (1)

May 6, 2021, 7:25 PM; Updated: May 6, 2021, 10:30 PM

The National Labor Relations Board allowed the agency’s top lawyer to withdraw his Trump-era predecessor’s argument for expanding what types of investigative gag orders employers can lawfully impose on workers.

The NLRB without explanation Thursday let Acting General Counsel Peter Sung Ohr pull back an appeal to an administrative law judge’s decision that a medical waste disposal company’s confidentiality rule for workplace probes violated federal labor law.

The move shows that the Republican-controlled NLRB will permit Ohr to abandon ex-General Counsel Peter Robb’s projects to change board precedent. While Ohr has been able to act unilaterally in certain areas—rescinding ...

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