Continuing her aggressive stance on the fair treatment of workers, Jennifer Abruzzo, general counsel of the National Labor Relations Board (NLRB), is taking ambitious steps to overturn several legal precedents ahead of the presidential election. Key among these is her plan to eliminate case law barring the NLRB from seeking monetary damages related to an employer’s unlawful refusal to bargain [Bloomberg Law].
In an interview with Bloomberg Law and Bloomberg News, Abruzzo identified several major companies as obstructing labor law, including entities under Elon Musk, Starbucks Corp., and Amazon.com Inc. All of these companies have faced unfair labor practice charges from Abruzzo’s office.
Of particular concern to Abruzzo is the Nixon-era Ex-Cell-O doctrine, which hinders the NLRB from imposing damages on companies that illegally refuse to bargain with a union. She attempted to overturn this doctrine through a case against Starbucks last year but was unsuccessful.
Alongside this, Abruzzo is looking to address noncompete agreements that restrain worker mobility and instituting prohibitions on mandatory “captive audience” meetings. The latter, enforced for companies to express anti-union opinions, were legalized in the 1940s but Abruzzo believes these to be unlawful under current federal labor law.
In the realm of noncompete agreements, Abruzzo has underscored the need for scrutiny in her various roles. She believes these contracts limit worker rights and mobility unnecessarily, particularly for low and middle-wage workers.
Throughout her endeavor for legal change, Abruzzo stands resolute. Although she has faced criticism from big businesses, she remains committed to targeting those who she believes have manipulated the legal process to their benefit. Her hope is her actions will focus the law back onto the side of the worker.