NLRB Division Of Judges To Resume Unfair Labor Practice Hearings In June

Jackson Lewis P.C.
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The Division of Judges of the National Labor Relations Board (NLRB) has announced it is going to resume holding unfair labor practice hearings beginning on June 1, 2020. The Division had postponed all hearings during May for COVID-19-related reasons.

It appears the NLRB expects to hold most hearings remotely, stating it “has . . . taken the necessary steps to acquire the licenses and equipment needed to conduct such hearings remotely using online videoconferencing technology.”

According to the NLRB’s press release, in order for a hearing to be postponed, a pre-hearing request for postponement will have to be made to the appropriate Deputy Chief Administrative Law Judge (ALJ) or Associate Chief ALJ. The Division of Judges will not take it upon itself to postpone scheduled hearings due to the COVID-19 pandemic.

The parties to the hearing also may request (by motion) or object to a particular type of hearing — videoconference or in-person.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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