New NLRB Counsel Looking to Reverse Obama-Era Rulings

December 08, 2017

A new memo from National Labor Relations Board General Counsel Peter Robb directs agency officials to consult with his office on any cases involving precedent set in "the last eight years" and any others involving "significant legal issues."  The memo suggests Robb, who was sworn in three weeks ago, is looking for cases to overturn or change Obama-era board decisions on joint employer, employer handbook rules, employee rights to employer email systems, off-duty employee access to employer property, and successorship requirements, among others.  The Robb memo also rescinds seven memoranda issued by former Acting General Counsel Lafe Solomon and former General Counsel Richard Griffin from 2011 to 2017.  The rescinded directives range from the inclusion of front pay in settlements to an initiative arguing that an employer's misclassification of employees as independent contractors violates the NLRA.  Importantly, the Robb memo is just the first step in the lengthy NLRB process for reversing previous Board decisions, which could take at least the full first term of the current administration.