Jennifer Abruzzo, former General Counsel of the National Labor Relations Board and current senior advisor to the Communication Workers of America, joined the America's Work Force Union Podcast to discuss her tenure at the NLRB, recent challenges to the agency's authority and the importance of worker solidarity. Abruzzo shared insights on her pro-worker initiatives, the impact of recent court decisions and the need for collective action to protect labor rights.
During her time as NLRB General Counsel, Abruzzo implemented numerous pro-worker policies to fully effectuate the National Labor Relations Act. She issued memos addressing topics such as college athletes' rights, non-compete agreements and artificial intelligence in the workplace. Abruzzo also sought to reverse Trump-era decisions that narrowed worker protections, including challenging mandatory captive audience meetings and expanding the definition of protected concerted activity. Her efforts resulted in significant NLRB decisions, such as the CEMEX case, which reinforced a union’s ability to gain recognition through voluntary action or bargaining orders.
Recent legal challenges have threatened the NLRB's ability to enforce labor law. Abruzzo discussed the SpaceX case in the U.S. Court of Appeals for the Fifth Circuit, where the court issued a preliminary injunction against the NLRB's enforcement actions based on constitutional challenges. This decision, which Abruzzo believes was incorrectly decided, could lead to widespread attempts by employers to halt NLRB proceedings. The combination of this ruling and the current lack of a quorum on the NLRB Board severely hampers the agency's ability to protect workers' rights and hold law-breaking employers accountable.
In response to these challenges, Abruzzo emphasized the need for workers and unions to take collective action. She called for increased direct action, including strikes, picketing, boycotts and rallies, to make workers' voices heard. Abruzzo stressed the importance of community solidarity, urging workers to recognize their shared interests, regardless of their political affiliation or background. She also highlighted the potential for state-level legislation to protect organizing rights in the face of federal inaction, citing recent laws in New York and efforts in California and Massachusetts.
Listen to the full episode to hear more of Abruzzo's insights on protecting worker rights and the future of labor law enforcement.