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NLRB Rejects Top Lawyer’s View on Protections for Lawsuits

Oct. 31, 2019, 5:17 PM

The National Labor Relations Board expressly rejected its general counsel’s argument that federal labor law doesn’t protect workers who band together to file legal claims.

Workers would have lost the National Labor Relations Act’s shield against employer retaliation for filing lawsuits or administrative claims under the GC’s theory. The board also said in its Oct. 30 ruling that a California construction firm could impose a mandatory arbitration program in response to a lawsuit filed by a group of workers.

The ruling reveals a divide in how the Republican-majority NLRB and General Counsel Peter Robb (R) view the U.S. Supreme Court’s ...