The America’s Work Force Union Podcast welcomed back Labor Lawyer and OnLabor contributor Andrew Strom, who talked about the changes National Labor Relations Board General Counsel Jennifer Abruzzo wants to make to law. Strom outlined issues with several NLRB orders and explained why changes need to be made to them.
Over the years, Strom believes there have been several poor interpretations of labor laws, which led many people to think that labor laws are weak. Strom said the issue is not the language within he labor laws, but how the NLRB has interpreted those laws that set precedence for the rulings. The NLRB has the authority to act in a way that would solve and impact any labor violations it chooses, but the board’s decisions are only orders and are treated like a warning, Strom explained.
About 50 years ago, the NLRB set a precedent that it was “acceptable” for employers not to negotiate until a court order forced them to after recognizing a union. These orders would not be heard for as long as two to three years after the filing. For the last 50 years, the NLRB chose not to hear these cases. Now, Jennifer Abruzzo is fighting to change this, Strom added.
She is also trying to change a 70-year-old labor law precedence, as the board has not made any rulings regarding the legality of sitting through captive audience meetings. Abruzzo argued that the act of free speech does not mean that an employee can be forced to sit through a captive audience meeting. The goal would be not to force employees to sit through the captive audience meetings and not fear retaliation, Strom said.
For more on the NLRB improvements from Strom, press play on the episode above.