We have previously posted about President Biden’s ousting of former NLRB General Counsel Peter Robb and the installation of Peter Ohr as the new Acting General Counsel. On February 1, 2021, Peter Ohr took concrete steps to roll back many directives that former General Counsel Robb had been focusing on. Acting Counsel Ohr did this through the recession of guidance memorandums that Robb had previously issued. For example, Acting General Counsel Ohr rescinded memos regarding:
- Directives that had lowered the bar for prosecuting unions;
- Directives that increased the level of detail unions had to include in financial notices
- Directives that advocated for imposing rules on Unions for the collection of member dues and nonmember fees; and
- Directives that put new restrictions on agency investigators and lawyers receiving recorded or documentary evidence.
Acting General Counsel Ohr’s Monday Memorandum explained that he determined that the rescinded memos were either inconsistent with NLRB policies and/or Board law, or are no longer necessary.