NLRB General Counsel’s ‘Captive Audience’ Memo Passes Legal Test

Sept. 1, 2023, 2:54 PM UTC

A memo from the National Labor Relations Board’s legal chief targeting companies’ mandatory anti-union meetings escaped a second industry challenge in federal court.

A federal district court in Texas said Thursday that it lacked jurisdiction to hear challenges to NLRB General Counsel Jennifer Abruzzo’s prosecutorial decisions, including her memo arguing “captive audience meetings” violate federal labor law. A group of staffing firms filed the lawsuit against the memo.

“In fact, Plaintiffs do not even attempt to argue that Abruzzo’s Memorandum is outside of her prosecutorial functions,” Judge Amos Mazzant of the Eastern District of Texas said. “This concession is ...

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