Posts tagged Jennifer Abruzzo
Biden Labor Board May Have Just Opened The Door For Union Activists To Infiltrate Private Companies
July 6, 2023 // David Osborne, fellow at the Institute for the American Worker, told the DCNF that non-competes are a valuable tool for businesses. “Eliminating noncompete agreements would make it easier for union ‘salts’ to infiltrate American businesses; eliminating noncompete agreements would allow them to move more freely from business to business pushing unionization on other employees,” Osborne said. “But the more immediate effect is to put the government’s thumb on the scales of union organizers by removing a perfectly acceptable tool—noncompete agreements—that American businesses have long used to protect valuable intellectual property.” As for how the efforts will affect workers, Osborne said that inevitably, “unionized employers will have to be less trusting of employees, less generous, and stricter about who receives access to valuable intellectual property, knowing that employees can immediately secure a job with their closest competitors at any time.”
Op-ed – New York: Lawmakers pass bill banning ‘captive audience’ meetings
June 14, 2023 // “Employers have become much more aggressive in using captive audience meetings to force workers into hearing the employer’s one-sided propaganda on unionization and other issues,” Appelbaum said in a statement following the legislation’s passage. “These meetings often leave workers feeling pressured and intimidated. It is time that the law catches up to the reality of the moment by allowing workers to refuse to attend these meetings without fear of retaliation.” Three states, Connecticut, Oregon and, most recently, Minnesota have banned the meetings. After the Connecticut ban passed, a coalition of U.S companies led by the U.S Chamber of Commerce sued the state in federal court, arguing that the law is preempted by the National Labor Relations Act and that it breached employers First Amendment-protected freedom of speech.
The Cyberpicket: A New Frontier for Labor Law
June 12, 2023 // a cyberpicket would alert potential customers to a labor dispute and put them to the choice of whether to continue transacting with the business. Instead of encountering rows of workers outfitted with signs and pamphlets, however, e-shoppers would come across a notification that materializes at a site’s landing page — the business’s “entrance.” The technology needed to implement a cyberpicket breaks no new ground. In fact, it’s already widely utilized by online businesses for compliance with the European Union’s (EU) “Cookie Law,” which requires that websites give visitors the right to refuse data tracking.14 So-called “consent banners” — now familiar fixtures for netizens across the pond15 — present a tried-and-true template for the cyberpicket. Not only is the cyberpicket a viable alternative to its in-person counterpart, it’s a right owed to employees of online businesses. This Note sharpens the concept of a cyberpicket by expanding on its legal justification, expected benefits, and possible challenges.
New report finds inequity before labor boards
June 5, 2023 // Between December 2015 and December 2022, fewer than 1% of individuals’ charges by federal employees against their union resulted in an enforcement action. Of the 1,211 cases brought by individuals in the seven-year-period, just 9 resulted in an FLRA complaint against the union. Two unions—the American Federation of Government Employees (AFGE) and National Treasury Employees Union (NTEU)—accounted for the overwhelming majority of charges filed by individuals. Of the 1,211 charges, 935 were filed against AFGE, and 108 were filed against NTEU. Fewer than 1% of individuals’ charges resulted in a settlement of some kind. Of the 1,211 cases brought by individuals, just 12 resulted in a private or bilateral settlement. Over 52% of individuals’ charges were dismissed. Of the 1,211 cases brought by individuals, 636 were dismissed in full; another 2 were dismissed in part. Over 45% of individuals’ charges were withdrawn by the individual at some point prior to a determination. Of the 1,211 cases brought by individuals, 552 were marked as withdrawn.
Noncompete clauses ‘chill’ worker rights and are usually illegal, NLRB lawyer says
May 31, 2023 // General Counsel Jennifer Abruzzo, appointed by Biden in 2021, wrote that noncompete clauses — which generally prevent people from immediately moving to one of their employer's rivals — "tend to chill" workers' rights under federal law, specifically Section 7 of the National Labor Relations Act, which protects the ability to collectively organize and agitate for improved working conditions. A person barred from moving to another company in their chosen profession, at least for a set amount of time, is less likely to fight for change at their current employer, Abruzzo argued in the memo, issued Tuesday, knowing that could well make them a target for termination; employers likewise have little reason to fear that disgruntled workers will be snatched up by a competitor, thus reducing the latter's bargaining power.
GOP Lawmaker Introduces Bill to Curb Labor-Relations Board’s Authority over Small Businesses
May 18, 2023 // “Labor law is woefully out of date. The Small Businesses Before Bureaucrats Act brings much needed updates to the jurisdictional standards that would benefit small employers. Congressman Good is simply bringing those standards in line with what Congress originally intended. Small businesses do not have and should not need an army of lawyers and HR professionals to comply with the NLRB’s increasingly aggressive regulatory agenda. Congressman Good should be applauded for his efforts to protect mom and pop shop businesses and other job creators.” – F. Vincent Vernuccio , President, Institute for the American Worker
Employee Rights Act Is Back
April 25, 2023 //
U.S. workers are filing more unfair labor practice complaints
April 12, 2023 // The uptick means it’s taking the National Labor Relations Board longer to process charges, said general counsel Jennifer Abruzzo. “We are woefully understaffed,” she said. “And the result of that is that the service to the public does suffer.” That’s even after the NLRB got its first funding boost in nearly a decade last year. If the Biden administration gets its way, the agency could be in line for an even larger increase next year.