In a recent move to clarify some of the implications of the National Labor Relations Board’s recent decision, the Board’s General Counsel released a memo, along with some other key resources to help navigate through the issues related to union organizing demands for bargaining orders. This strategic move can be seen as an initiative to help eliminate some ambiguities surrounding this decision. As stated in the JDSupra, the memo is dual-faceted, providing information ‘above the line’ and ‘below the line’.
In the ‘above the line’ portion of the text, the General Counsel primarily reasserts the new standard devised by the Board. This newly devised approach broadens the application of bargaining orders. In other words, it increases instances where an employer — found guilty of unfair labor practices that impede a free and fair election — can be ordered by the NLRB to bargain with a union. This is particularly relevant for legal professionals working in corporations and firms that deal with labor issues.
Crucially, the ‘below the line’ section, as housed within footnotes, carries a significant part of the memo’s substance. It provides acute responses to a myriad of concerns which arise from this new standard. Some might argue, the real work is done here as it offers much-needed clarity on the practical implications of these recent changes and the new approaches.
This reinforcement and elucidation by the General Counsel on the NLRB’s updated stance towards bargaining orders is a crucial reference for attorneys in corporations and big law firms. It gives legal professionals a deeper understanding of the potential issues and scenarios they might have to navigate, especially those concerning their representation of employers in related disputes. Hence, the memo coupled with the detailed footnotes can be considered as essential resources for those working with union organizing demands for bargaining orders.