Catherwood LibraryILR School

The general counsel for the National Labor Relations Board issued a memo on Friday that requires board officials around the country to consult the NLRB on workers rights cases involving overturned precedents and dissents during the last eight years, essentially taking authority away from regional labor boards to pursue cases against employers based on Obama-era policies. While it is typical for new general counsels to issue memos requesting cases involving recent precedent to be sent to the NLRB for advice, Peter Robb, nominated by President Trump and recently confirmed by the Senate on November 8, surprised observers with the rapid issuance of the memo and the broad scope of its content, which favors employers. The memo noted that seven “guidance memos” – which instruct board officials on law interpretation and enforcement - would be removed. Many of the precedents mentioned in the memo revolve around Section 7 of the National Labor Relations Act, which grants workers the ability to group together to seek “mutual aid and protection”; one of the precedents which had angered business owners during the Obama years involved the Browning-Ferris case, which made it easier for a big corporation – such as McDonald’s - to be categorized as a “joint employer” alongside their franchisees.