NLRB Authorizes Reduction in Use of Investigative Subpoenas to Expedite Investigations

By Terry Potter & Tracey O'Brien on April 15, 2019

Memorandum 19-05, issued by the NLRB Division of Operations Management of the Office of the General Counsel in March 2019, gives Regional Directors a new tool to expedite cases when a charged party fails to cooperate with an unfair labor practice (ULP) investigation. Instead of relying on investigative subpoenas to acquire additional information, Regional Directors may issue complaints based on “evidence available.” The new authorization is designed to reduce case processing time consistent with…

Labor Relations Law Insider

NLRB Overrules Precedent and Limits Use of Perfectly Clear Exception in Successorship Law

By Terry Potter & Tracey O'Brien on April 8, 2019

On April 2, 2019, in a 3-1 decision split along party lines, the Trump administration’s National Labor Relations Board (Board) appointees significantly narrowed the circumstances under which a successor employer will be construed as a perfectly clear successor and forced to forfeit its right to set initial employment terms. The decision, Ridgewood Health Care Center Inc., and Ridgewood Health Services, Inc., overrules precedent which had established that a successor employer which uses discriminatory hiring…

Tracey O'Brien

NLRB Authorizes Reduction in Use of Investigative Subpoenas to Expedite Investigations

NLRB Overrules Precedent and Limits Use of Perfectly Clear Exception in Successorship Law

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