The General Counsel of the National Labor Relations Board (NLRB or Board) has made public several internal “Advice Memoranda” that deal with topics of interest to employers, including workplace rules, retaliation against employees for exercising their rights under the National Labor Relations Act (NLRA or Act), and joint employment.
So-called Advice Memos are issued by the General Counsel’s office in response to requests by the NLRB’s field staff for policy guidance on cases currently pending in their regional offices. The Advice Memos are considered internal guidance, and reflect the views of the General Counsel (GC) who is in office at the time the memo is issued. From time to time, the General Counsel will make Advice Memos publicly available after a case has closed. The memos in turn can be valuable tools in understanding the rationale behind the Board’s stance at the time.
Members of the Center for Workplace Compliance (CWC) can read more here.