The NLRB general counsel has expanded on a rarely used procedural tactic in an effort to give employers the leeway to set workplace rules related to arbitration, recording in the workplace, and civil behavior.
One of the general counsel’s chief roles at the National Labor Relations Board is to prosecute meritorious unfair labor practice charges that workers, unions, and companies file with the agency. But GCs on occasion have filed complaints alleging a violation of current labor law precedent, while also arguing that the case law should be changed so the conduct at issue is lawful.
The NLRB general counsel’s ...