"NLRB May Gut One Of Employers' Go-To Messaging Tactics," Law 360

December 6, 2021

In an article published in Law 360 on December 6, 2021, Peter Spanos weighed in on The National Labor Relations Board general counsel potential interest in overturning a controversial, decades-old board decision that gives employers wide discretion in what they tell workers during organizing campaigns, a move that could water down some employers' go-to messaging tactics.

Jennifer Abruzzo recently said she wants to gut a 1985 NLRB case called Tri-Cast, in which the board determined an employer didn't violate the National Labor Relations Act by telling workers they wouldn't be able to raise complaints directly to their employer if they formed a union.

Spanos weighs in on the "Tri-Cast Doctrine" and Supreme Court's 1975 decision in Emporium v. Western Addition. 

Spanos told Law 360, that what the justices held in Emporium Capwell doesn't support overturning Tri-Cast.

"It actually supports Tri-Cast directly," Spanos said. "I do not understand why anyone would
say that Emporium supports overturning Tri-Cast."

Subscribers can read the full article here.

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