Posts tagged Acting General Counsel
Employers Gain Additional Defenses In Union Salting And Deferral Cases Thanks to New Guidance from NLRB Official
August 27, 2025 // Under the AGC’s July 24 guidance, employees (or unions) filing charges must present evidence that the salt is “genuinely interested” in working for the employer. While the Board will independently evaluate this element, it will analyze evidence from the employer of the circumstances surrounding: the contents and completeness of the salt’s application; the applicant’s behavior and conduct during interviews; and the applicant’s previous refusal of similar employment.
NLRB’s Acting General Counsel Provides Employers with Sweet Guidance About Union “Salts”
August 16, 2025 // The AGC’s guidance is helpful for employers considering strategies to mitigate the risk of union organizing. For example, a relevant fact to whether an applicant has a genuine interest in being hired includes whether the applicant “followed the employer’s established procedures when applying.” If an employer has a policy prohibiting the hiring of applicants with multiple jobs or unsolicited applications, then it may help the employer avoid discrimination claims from salts. However, the time to implement these policies is before organizing begins. Salting rarely occurs independent of a larger campaign by a union to organize employees. Once that campaign begins, efforts to institute new policies to deter salting may violate the NLRA.
Hold the Salt: Essential Takeaways from NLRB Acting GC’s Guidance On Union Salting Investigations
July 29, 2025 // The Acting GC emphasized that the investigating Regions must “no longer conclusively presume that an applicant is entitled to protection as a statutory employee” and that “neither will we presume, in the absence of contrary evidence, that an application for employment is anything other than what it purports to be.” The Acting GC also instructed the Regions to focus their initial investigations on obtaining evidence from the charging party
NLRB Acting General Counsel Cowen Directs Regions to Prosecute Secret Recordings of Collective Bargaining Sessions as Per Se Violations of the NLRA
July 15, 2025 // NLRB Acting General Counsel Cowen Directs Regions to Prosecute Secret Recordings of Collective Bargaining Sessions as Per Se Violations of the NLRA
Acting NLRB Counsel Rolls Back Many Biden-Era Labor Memos and Begins Process of Changing U.S. Labor Laws: What Employers Need to Know
February 18, 2025 // Overall, GC Cowen’s memo impacted 31 prior GC memos issued between 2021 and 2025 (yes, some of these were hurriedly issued in January prior to the presidential inauguration). Some of the most impactful memos that are no longer in effect include: Contending that most non-competition agreements violate federal labor law Prohibiting “stay or pay” provisions Characterizing student-athletes as employees
President Donald Trump appointed a new leader at the National Labor Relations Board
February 3, 2025 // William B. Cowen will serve as the acting general counsel of the NRLB, the agency said. Trump fired President Joe Biden’s NLRB general counsel, Jennifer Abruzzo, last week. Abruzzo was widely viewed as one of the most union-friendly people to serve in the role.