Insights for the Labor Relations Professional

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Acting General Counsel Answers Questions from Labor Lawyers

By Nelson Cary

Earlier this year, Acting General Counsel Lafe Solomon met with the Practice and Procedure Committee of the American Bar Association’s Labor and Employment Law Section.  He answered questions the Committee collected from practitioners around the country.

Recently, the AGC issued a memorandum (pdf) to the NLRB’s Regional Directors and others NLRB employees to share the questions that were posed and the answers that were provided.  The topics covered were extensive, and this post cannot comprehensively summarize all of them.  However, some of the more interesting highlights (with page number references to the memorandum) include:

  • Data on the AGC’s enforcement efforts outlined in earlier AGC memoranda on remedies (see pp. 1-2).
  • Additional insights on the routine use of default language in all informal settlement agreements (see pp. 6-7).
  • Clarification that the AGC is not currently considering changes in the scope of pre-arbitral deferral (see p. 10).
  • Questions and answers about how the AGC intends to apply the NLRB’s decision requiring electronic posting of NLRB notices (see pp. 12-13).
  • Interesting data on representation case filings with the agency, which rose 10% between FY 2009 and FY 2010 (see p. 18).

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Insights for the Labor Relations Professional