NLRB General Counsel Issues Guidelines On Political Advocacy In The Workplace
Steven Swirsky - Epstein Becker & Green P.C.
August 21, 2008
On July 22, 2008, the Office of the General Counsel for the National Labor Relations Board issued General Counsel Memorandum GC 08-10 to all of the NLRB’s regional directors, officers in charge, and resident officers setting forth the General Counsel’s guidelines concerning the handling of unfair labor practice charges involving political advocacy.
The memorandum was issued in response to the numerous ULP charges filed in late 2006 and beyond by employees disciplined after their participation in demonstrations protesting legislative proposals imposing greater restrictions and penalties on immigrant employees and their employers. The purpose of the memorandum is "to provide guidance to employees, unions, and employers in this important and developing area of the law." Specifically, the memorandum sets forth a framework for the NLRB regional directors and their personnel to review, consider and rely upon in the processing of all ULP charges involving political advocacy. The guidelines set forth within the memorandum are especially pertinent to employers in light of the upcoming presidential elections and the continued national debate on immigration reform.
