Posts tagged Electrical Workers IUE Local 201
NLRB changes course on consent orders … again
September 11, 2024 // The NLRB refused to return to the Postal Service standard, and it refused to reaffirm UPMC. Instead, the NLRB held that it “should instead entirely end the practice of approving consent orders.” According to the NLRB, it doesn’t matter if the consent order provides a full remedy or partial remedy; the NLRB will no longer accept consent orders. The NLRB relied heavily on Section 102.35(a)(7) of the Board’s Rules and Regulations, which states that ALJs may “[h]old conferences for the settlement or simplification of issues by consent of the parties, but not to adjust cases.” According to the Board, a case is “adjust[ed]” if it is resolved short of final adjudication on the merits. A consent order is not a settlement because not all parties agree to its terms, so it must be an improper adjustment of the case, so reasons the NLRB.