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The Biden Administration: Expected Changes At The NLRB | Husch Blackwell LLP

To embed, copy and paste the code into your website or blog: Transitions between administrations are always about change, in policies as well as personnel. Historically, the decisions of the National Labor Relations Board (NLRB) shift with changes in administrations and presidential appointment of NLRB members and positions in the Office of the General Counsel. Given President Joe Biden’s commitment to strengthening labor laws on behalf of workers, the Husch Blackwell Labor & Employment group anticipates dramatic shifts in labor law interpretation, which may cause disruptions to business operations as employers negotiate these changes. Indeed, President Biden, in an unprecedented move, fired the NLRB’s General Counsel the day after his inauguration, and appointed a more union-friendly Acting General Counsel, Peter Sung Ohr.

Increased NLRA Enforcement | Poyner Spruill LLP

To embed, copy and paste the code into your website or blog: On March 31, 2021, Peter Sung Ohr, Acting General Counsel of the National Labor Relations Board (NLRB) issued Memorandum GC 21-03 to all regional field offices describing changes to enforcement priorities under Section 7 of the National Labor Relations Act. Specifically, GC 21-03 notes that the Board will be “robustly enforcing the Act’s provisions that protect employees’ Section 7 rights,” noting disagreement with two recent decisions that have restricted those protections. The memo notes that there will be a broadened definition of concerted activities for mutual aid and protection, as well as a new look at the definition of “inherently concerted conduct.” Additionally, the Board notes that “going forward, cases involving retaliation against concerted conduct will be vigorously pursued.” General Counsel references the COVID-19 pandemic as a reason for refocusing enforcement, stating that the pandemic has

NLRB General Counsel Reveals Intent to Expand Section 7 Protections | Epstein Becker & Green

To embed, copy and paste the code into your website or blog: On March 30, 2021, the Office of General Counsel of the National Labor Relation Board (“NLRB” or “Board”) released an Obama-era Advice Memorandum, originally prepared in 2016, opining that racially charged comments were protected concerted activity.  Just one day later, on March 31, 2021, Acting General Counsel Peter Sung Ohr affirmed in his latest st Memorandum”) his plan to pursue a broadening of employees’ protections under Section 7 of the National Labor Relations Act (“NLRA” or “Act”) beyond concerted activities relating to union activity and labor organizing, for example, by expanding the Board’s traditional view of protected concerted activity to protect employees’ political and social justice advocacy activities under Section 7.  These publications are a harbinger of the enforcement priorities of the General Counsel under the Biden administration.

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