With a functioning NLRB in place, what’s on the agenda?

The National Labor Relations Board’s (NLRB) long period of forced obsolescence has ended with the swearing in of NLRB Members Scott Mayer and James Murphy and General Counsel (GC) Crystal Carey. Facing a huge backlog and a series of disfavored precedents from the Biden/Abruzzo Board, the NLRB’s agenda is packed, but some early acts are likely.

General Counsel’s directives

GC Carey is an experienced labor lawyer and “knows the ropes” at the Board. As a result, some early actions are expected. As GC, she has untrammeled authority to set the Boards’ enforcement strategy. Principle among these responsibilities is deciding what enforcement policies to espouse, what cases to bring, and what outcomes will be sought.

Carey will likely issue a defining memorandum soon, directing the Board staff in the agency’s field offices to send cases raising certain issues to Washington. This memo will direct the staff on how to proceed in litigation. It is one of the GC’s most powerful tools.

Precedents to be re-examined