In our prior alert, we notified you of the National Labor Relations Board’s (NLRB) decision to overturn an administrative law judge’s (ALJ) ruling, finding that a confidentiality agreement had violated employee rights under the National Labor Relations Act (NLRA). On March 18, 2015, NLRB General Counsel Richard F. Griffin continued this trend by issuing a memorandum in which he summarized his office’s position regarding where employer policies violate the NLRA. According to the NLRB General Counsel, many common employer policies might actually violate the NLRA.
The General Counsel’s office is independent from the NLRB itself and is responsible for the investigation and prosecution of unfair labor practices and for the general supervision of the NLRB field offices. While his office is not able to make law in the way that the NLRB does, his office’s view of the law sets the enforcement goals of the Board.
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