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ARTICLE · 25 OCTOBER 2022

NLRB General Counsel's New Interim Relief Framework

Seyfarth Shaw LLP
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On October 20, 2022, National Labor Relations Board ("NLRB" or "Board") General Counsel Jennifer Abruzzo issued Memorandum GC 23-01, which instructs the Regions to "routinely attempt...

United StatesEmployment and HR
Cary Reid Burke
Cary Reid Burke
Olivia A. Jenkins
Olivia A. Jenkins
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On October 20, 2022, National Labor Relations Board ("NLRB" or "Board") General Counsel Jennifer Abruzzo issued Memorandum GC 23-01, which instructs the Regions to "routinely attempt to obtain full interim relief" when seeking injunctive relief under Section 10(j) of the National Labor Relations Act ("NLRA"). For context, Section 10(j) authorizes the Board to seek a temporary injunction against an employer in federal court when a matter is being litigated before an ALJ or the Board.

In the memorandum, the General Counsel instructs the Regions to first attempt to settle the entire administrative case. Failing that, Regions should offer the employer the "opportunity to voluntarily agree to an interim settlement that includes remedies, such as reinstating alleged discriminatees or agreeing to bargain" while the underlying charge is litigated before the Board or an ALJ. According to the General Counsel, this framework will: 1) increase settlements, 2) reduce

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