The Practical NLRB Advisor: Fall 2021

In late July, Jennifer A. Abruzzo was confirmed as the new general counsel (GC) of the National Labor Relations Board (NLRB). The vote was 51-50 and required Vice President Kamala Harris to cast the tie-breaking vote.

Like previous general counsels, one of Abruzzo’s first priorities was the issuance of a memorandum (GC 21-04) to all the NLRB’s regional offices entitled “Mandatory Submissions to Advice.” As the name implies, the memo requires that whenever any issue identified in the memo arises in a region, the case must be sent for disposition to the Division of Advice, an adjunct of the GC’s office located in the NLRB’s Washington, D.C., headquarters. The Advice submission memo is a key document for any GC. It identifies the GC’s priorities, and provides a roadmap for the policy initiatives and changes an incoming GC intends to effectuate by presenting to the five-member Board for eventual decision. Since that Board now enjoys a plainly pro- labor majority, the GC’s submission wish list is very likely to eventually become law.

Please see full Newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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