“You need to hit employers in their pockets,” NLRB GC On Union-Busters

Union-busters, watch out: the NLRB’s General Counsel is looking to make you pay big.

Bloomberg Law reports:

“The National Labor Relations Board’s top lawyer plans to aggressively target several legal precedents before the presidential election, such as overturning case law that prohibits the agency from seeking monetary damages tied to an employer’s unlawful refusal to bargain.

In a wide-ranging interview with Bloomberg Law and Bloomberg News on Wednesday, NLRB General Counsel Jennifer Abruzzo also said she plans to push the board for rulings to ban noncompete agreements that restrain worker mobility and mandatory “captive audience” meetings for companies to express anti-union opinions.

In making her case, Abruzzo name-checked some of the richest employers on Earth—including Elon Musk, Starbucks Corp., and Amazon.com Inc.—accusing them of using their profound wealth to disregard labor law.

Starbucks, Amazon, and Musk’s various companies have all been the subject of unfair labor practice charges from the general counsel’s office.

Abruzzo sought to overturn the Nixon-era Ex-Cell-O doctrine—which prevents the board from imposing damages on companies that illegally refuse to bargain with a union—through a case against Starbucks last year. But the NLRB chose to sever the Ex-Cell-O issue and address it ‘at a later date.’

Abruzzo on Wednesday called for an end to Ex-Cell-O, saying doing so would hold employers accountable.

‘You need to hit employers in their pockets,’ Abruzzo said. ‘And I’m not saying that this is going to be a panacea, but if you force employers that are bargaining in bad faith, unlawfully, to pay for the workers’ lost opportunity to make gains in bargaining, then hopefully it will prevent at least some employers from actually going down that road, because they’re going to have to pay it on the back end with interest.'”

For the rest of the story, visit the Huffington Post here.

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