New NLRB GC Likely To Prioritize Efficiency Over Policy Shifts

Chair of Olshan’s Employment Practices partner Michael Passarella authored an article in Law360 entitled “New NLRB GC Likely To Prioritize Efficiency Over Policy Shifts.” In the article, Mike explains that NLRB General Counsel Crystal S. Carey is prioritizing faster case processing, earlier evidence requirements and more focused investigations: “Her focus is on clearing the backlog through early case evaluation, narrower investigations and an increased emphasis on settlement. For employers and unions alike, the practical message is clear: The initial evidentiary showing will matter more than ever, and parties that present focused, timely and well-supported submissions are likely to benefit from quicker and more predictable outcomes.” He notes that Carey’s memoranda emphasizes operational efficiency over the usual practice of incoming GC’s highlighting of cases and decisions which may be ripe for review under new leadership. To that end, Mike highlights that the agency will continue requiring charging parties in non-priority cases to provide key evidence within two weeks of docketing before investigations proceed: “Investigators are instructed to request evidence from a charged party only after the charging party has presented its own evidence and only if that evidence suggests a potential violation exists. Requests for an employer’s entire employee handbook, a practice that frequently led to allegations about rules that were never originally challenged, are now disfavored.”