NLRB GC rescinds Trump-era memos, signaling shift toward new policy objectives

Signaling the beginning of a likely major policy shift, Peter Ohr, acting General Counsel (GC) of the National Labor Relations Board (NLRB), recently revoked 12 administrative guidance memoranda issued by his predecessor, Peter Robb. Both union and nonunion employers should keep a close eye on further action by the new GC.

How we got here

By way of brief background, President Joe Biden relieved Robb of his post on January 20, 2021. He then elevated Ohr, who has been with the NLRB since 1997, from his position as director of the Chicago Regional Office.

The Biden administration's labor policy has two primary goals: Promote collective bargaining and encourage union membership. The guidance revoked by Ohr, by and large, directly relates to the two goals and likely serves as a preview of what is to come, particularly when Democrats regain the majority of NLRB seats, which could happen as early as late 2021.

Memo on preelection neutrality agreements rescinded

Ohr rescinded Robb's earlier guidance that encouraged the NLRB to adopt a stricter standard for evaluating preelection neutrality agreements. A lawful neutrality agreement exists when an employer agrees to remain neutral and not openly oppose a union's attempt to organize its workforce.