Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherBrowse by ChannelAbout the NetworkJoin the NetworkProductsSub-MenuProducts OverviewBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAbout UsContactSubscribeSupport
Book a Demo
Search
Close

GC Abruzzo’s Aggressive Remedial Agenda Begins

By Laura A. Pierson-Scheinberg, Kymiya St. Pierre, Thomas V. Walsh, Richard F. Vitarelli & Jonathan J. Spitz on October 19, 2021
Email this postTweet this postLike this postShare this post on LinkedIn

On October 8, 2021, the National Labor Relations Board (NLRB) West Los Angeles regional office issued an unfair labor practice (ULP) complaint against the Daily Grill for allegedly violating section 8(a)(5) of the National Labor Relations Act (NLRA) by engaging in a pattern of delay intended to frustrate the bargaining process, according to the NLRB press release.

The allegations arise from the employer’s first contract negotiations with UNITE HERE Local 11, the union certified to represent Daily Grill’s employees. Negotiations allegedly ran from November 13, 2019, through December 11, 2020, but since then, the employer has allegedly refused to meet and bargain with the union.

This complaint is notable for the remedial actions it seeks. Here, among other remedies, the complaint asks for an order requiring the employer to bargain in good faith with the union for a minimum of 24 hours a month (for at least six hours per session) until a collective bargaining agreement or lawful impasse is reached and to reimburse the expenses incurred by the union in unproductive bargaining expenses from November 19, 2019, until the employer begins bargaining in good faith. Given the specificity of the remedy sought, this complaint is an early example of the aggressive prosecution policies of new General Counsel (GC) Jennifer Abruzzo (as outlined in her September 8, 2021, Memorandum 21-06). It also portends probable forthcoming changes to the legal landscape under a Biden-appointed NLRB.

Section 8(a)(5) of the NLRA requires employers to bargain in good faith with the certified bargaining representative of its employees; however, “good faith” is not defined by a specific template of the number, frequency, or duration of bargaining sessions.   The complaint against the Daily Grill demonstrates GC Abruzzo’s initiative to introduce strict remedies for NLRA violations, including imposing bright-line rules on the negotiation process when an employer is found to have violated the Act. The complaint exemplifies the region’s eagerness to push forward GC Abruzzo’s goals through burdensome new remedies. Employers should accordingly take caution in assessing their bargaining and labor relations strategies as the complaint demonstrates the regions are ready to quickly push forward on the GC’s month-old goals.

Please contact a Jackson Lewis attorney with any questions.

Photo of Laura A. Pierson-Scheinberg Laura A. Pierson-Scheinberg

Laura A. Pierson-Scheinberg is a principal in the San Francisco, California, and Baltimore, Maryland, offices of Jackson Lewis P.C and is the leader of the Retail industry group.

Laura represents employers in labor and employment matters, with a particular focus on traditional labor…

Laura A. Pierson-Scheinberg is a principal in the San Francisco, California, and Baltimore, Maryland, offices of Jackson Lewis P.C and is the leader of the Retail industry group.

Laura represents employers in labor and employment matters, with a particular focus on traditional labor issues, union elections and unfair labor practice charges. She has extensive experience in collective bargaining, from serving as chief spokesperson to developing strategy behind the scenes. Laura’s background includes bargaining for both large and small clients from a local to a national level in a wide range of industries, including, but not limited to, manufacturing, retail and healthcare. When recessive bargaining and labor-management disputes become strikes, she has worked with her clients to develop contingency plans and strike preparedness. She also has experience with government contractors subject to the Service Contract Act.

Read more about Laura A. Pierson-ScheinbergEmail
Show more Show less
Photo of Kymiya St. Pierre Kymiya St. Pierre

Kymiya St. Pierre is a principal in the Orange County, California, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counsel. She practices before the National Labor Relations Board, and state and federal…

Kymiya St. Pierre is a principal in the Orange County, California, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counsel. She practices before the National Labor Relations Board, and state and federal agencies and courts.

Kymiya has represented management in union organizing drives and elections. She has defended employers in unfair labor practice and compliance proceedings. Kymiya also provides advice and counsel regarding labor and employment law with respect to various issues, including providing workplace training and preventive advice and counsel. She has defended employers regarding different varieties of wrongful termination and discrimination claims.

Read more about Kymiya St. PierreEmail
Show more Show less
Photo of Thomas V. Walsh Thomas V. Walsh
Read more about Thomas V. WalshEmail
Photo of Richard F. Vitarelli Richard F. Vitarelli

Richard F. Vitarelli is a principal in the Hartford, Connecticut, office of Jackson Lewis P.C. He is the co-leader of the Labor Relations practice group, the firm’s national labor practice.

Read more about Richard F. VitarelliEmail
Photo of Jonathan J. Spitz Jonathan J. Spitz

Jonathan J. Spitz is a principal in the Atlanta, Georgia, office of Jackson Lewis P.C. and co-leader of the firm’s Labor Relations practice group.

Read more about Jonathan J. SpitzEmail
  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Collective Bargaining
  • Organization:
    Jackson Lewis P.C.
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • Resource Center
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center
  • Blogging 101

New to the Network

  • Tennessee Insurance Litigation Blog
  • Claims & Sustains
  • New Jersey Restraining Order Lawyers
  • New Jersey Gun Lawyers
  • Blog of Reason
Copyright © 2025, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo