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


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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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Labor Law: PRO Act, NLRB GC Nominee & More


Wednesday, March 10, 2021
On February 4, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act. The sponsors described the bill as comprehensive labor legislation aimed at bolstering workers’ collective bargaining rights. The legislation is an updated version of a 2020 bill that passed the House but never made it out of committee in the Senate. If enacted, the PRO Act would result in sweeping changes to the National Labor Relations Act (NLRA), including drastically expanded damages, fines, and civil penalties in some cases, imposing personal liability on company officers and directors. Other pro-union and pro-employee changes under the PRO Act include: (1) allowing parties to negotiate collective bargaining agreement provisions requiring employees to pay union dues or face termination, even in right-to-work states; (2) prohibiting employers from permanently replacing strikers and locking out employees in certain strike situations; ....

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