The week leading up to September 2023 saw considerable activity within the Office of Federal Contract Compliance Programs (OFCCP), especially in regard to several significant rulings. Legal professionals around the world, particularly those involved in corporate affairs and labor relations, would do well to take note of these developments.
One of the most notable rulings was presented by the U.S. National Labor Relations Board, more commonly referred to as the “Board,” or the “NLRB.” As of Monday, August 28, 2023, the Board issued a decision in the case of Intertape Polymer Corp. (372 NLRB 133). This decision was significant because it marked the first change in position between the three Biden appointees who control the Board and the Biden-appointed General Counsel. Details about the verdict can be accessed here.
Essentially, the ruling “clarified” a decision from 2019 on Wright Line Evidentiary Burden in Dual Motives Causation Cases. The verdict arrived at the beginning of a week that would see an additional three sets of major rulings, making it an exceptionally busy period for the OFCCP and all those with an interest in labor relations case law.
This week of activity certainly offers a wealth of topics for consideration and analysis for anyone working within the field of corporate law. The shifts in position evident in the Board’s recent rulings may well signal future trends, which legal professionals need to stay abreast of in order to best serve their corporations or clients.