NLRB General Counsel Jennifer A. Abruzzo Issues "Mandatory Submissions to Advice" and "Utilization of Section 10 (j) Proceedings" Memos, Outlining Her Priorities and Enforcement Agenda. An employer may discipline employees who engage in disloyal conduct by disclosing confidential information obtained in the course of their job duties, the Board's Division of Advice has found, concluding that an employer did not commit an unfair labor practice (under Section 8(a)(1) of the NLRA) when it discharged an employee. NLRB Advice Division Head To Step Down At Month's End. The Division of Advice of the National Labor Relations Board's (NLRB) Office of the General Counsel (Advice) released five advice memoranda evaluating employer actions during the COVID-19 pandemic in five cases, dismissing the unfair labor practice (ULP) charges in each case. NLRB's Division of Advice Gives "Advice" As to the Application of Boeing — When a Work Rule/Employment Agreement is Facially Valid Under the NLRA in Union and Union Free Workplaces. On January 25, 2021, the National Labor Relations Board's Division of Advice released an Advice Memo on the issue of whether certain cannabis workers were exempt from the National Labor Relations Act as agricultural workers. March 22, 2019. On August 13, 2020, the National Labor Relations Board ("NLRB") Division of Advice ("Advice"), the agency's internal think-tank, published five Advice Memoranda dismissing unfair labor practice charges against employers in connection with issues concerning the COVID-19 pandemic. On August 15, 2019, the Division of Advice of the NLRB's Office of the General Counsel (Advice) released a pair of advice memoranda, dated August 10, 2018 and September 5, 2018, evaluating the legality of various employer policies under the Board's decision in The Boeing Company (365 N.L.R.B. They weigh heavily in regional officials' decisions to issue unfair labor practice complaints (or dismiss charges) in the absence of a definitive Board decision. In the meantime, the NLRB Division of Advice has answered a question that has been the subject of many charges since the Board's decision in Alan Ritchey, Inc., 359 NLRB No. Agricultural laborers do not have that right under federal law. On January 25, 2021, the National Labor Relations Board's Division of Advice released an Advice Memo on the issue of whether certain cannabis workers were exempt from the National Labor Relations Act as agricultural workers. NLRB Division of Advice: Inappropriate and Offensive Twitter Postings Not Pertaining to Employment Conditions Are NOT Protected by NLRA PDF Share Email Facebook LinkedIn Twitter On September 15, 2020, the National Labor Relations Board (the "NLRB" or "Board") Division of Advice ("Advice"), published four Advice Memoranda addressing an array of issues ranging from. Please follow the prompts to complete your submission. It is critical to the success of the program that all cardholders understand the policies and procedures of the program. The content of this article is intended to provide a general guide to the subject matter. Most were authored by Barry J. Kearney, who was the associate general counsel in the NLRB . In response, the Division of Advice has produced memoranda that can help guide employers who may encounter similar issues. On January 25, 2021, the NLRB Division of Advice ("the Division") released a memo that may indicate a change in the way workers engaged in cannabis activities are covered under federal labor law. In the meantime, the NLRB Division of Advice has answered a question that has been the subject of many charges since the Board's decision in Alan Ritchey, Inc., 359 NLRB No. Under the NLRA, the right to form and join a union is limited to employees. NLRB Foreshadows a Return to Union Gerrymandered Bargaining Units. This is a test of the Web Check-In employee accountability system for Eagle Horizon 2021 (EH21). And, given the Division of Advice wrote the memo before President Biden fired the NLRB General Counsel and the Deputy General Counsel, it remains to be seen whether a Biden Board will issue a decision that actually decides whether other cannabis workers who participate in the transformation of the product are agricultural workers or statutory . As we previously predicted, significant changes are taking place at the National Labor Relations . Date Document Issued/Filed By; 10/15/2020 : Letter Approving Withdrawal Request* NLRB - GC: 09/16/2020 : Initial Letter to Charged Party* While a majority of the Memoranda were drafted within the past month, a few were originally issued months or years ago. A part of the NLRB's Office of the General Counsel, the Division of Advice provides guidance to the . The NLRB's Division of Advice Has Spoken on COVID-19 in the Workplace, Providing Flexibility to Employers During the Pandemic July 28, 2020 As employers continue to navigate these chaotic times, on July 15, the National Labor Relations Board (NLRB), through its Division of Advice (Advice), issued its first guidance regarding the COVID-19 . In The Boeing Company, 365 NLRB No. The NLRB recently released Southwestern Bell Telephone Company, 14-CA-141000, Advice Memorandum dated February 6, 2015, a memorandum issued by the Division of Advice, which addressed the last question. A part of the NLRB's Office of the General Counsel, the Division of Advice provides guidance to the NLRB's regional offices on difficult and novel issues arising in the processing of unfair . In Tasker Healthcare Group dba Skinsmart Dermatology, NLRB Div. on june 15, 2021, the office of general counsel of the national labor relations board ("nlrb" or "board") released an advice memorandum, explaining that an illinois pub did not commit an unfair labor practice when it fired an employee who had previously complained about the pub's covid-19 safety policies, because the employee's complaints did not … Accordingly, the Division of Advice concluded that the evidence did not satisfy the NLRB's Wright Line standard, which requires demonstrating that a causal connection exists between an adverse employment action and known employee activities that are protected by Section 7 of the NLRA. NLRB Foreshadows a Return to Union Gerrymandered Bargaining Units. They weigh heavily in regional officials' decisions to issue unfair labor practice complaints (or dismiss charges) in the absence of a definitive Board decision. However, the full NLRB has yet to weigh in. 25.6.2 Records of the Assistant General Counsel. 512 -5012 -0125 512- 5012- 0133 ; The Region submitted this case for advice as to whether various Employer social media rules are unlawfully overbroad under the Board's recent decision in Headquarters Mailing Address: National Labor Relations Board 1015 Half Street SE Washington, D.C. 20570-0001 Headquarters information: 202-273-1000 Alternative Number: 202-273-1991 For general inquiries via email, please contact publicinfo@nlrb.gov […] In a rare victory for employers, the NLRB's Office of the General Counsel, Division of Advice ("Advice") recently opined that Boeing Company's Code of Conduct does not run afoul of the National Labor Relations Act. The Advice Response Memo. If an employee is an agricultural worker under these definitions, they are exempt from the NLRA and thus outside of the NLRB's jurisdiction. The Division of Advice opinion is consistent with a decision issued from the NLRB's Boston Region last fall. The 10 memos came from the NLRB's Division of Advice, which is part of the Office of the General Counsel. The National Labor Relations Board's ("NLRB" or Board") Division of Advice [1] recently released five memos dealing with issues related to the COVID-19 pandemic—concluding in all five that dismissal of the pending unfair labor practice charge ("ULP" or "charge") against the employer was warranted.