September 24, 2021

Volume XI, Number 267

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BREAKING: President Biden Nominates Former Deputy General Counsel Jennifer Abruzzo for NLRB General Counsel

President Biden nominated Jennifer Abruzzo, Special Counsel for Strategic Initiatives for the Communications Workers of America, to be General Counsel of the National Labor Relations Board. Abruzzo was a Board veteran with more than two decades at the agency before becoming the union’s point person on NLRB issues. She was NLRB Deputy General Counsel and then Acting General Counsel before former General Counsel Peter Robb was confirmed by the Senate.

According to the White House announcement, “Abruzzo will work to enforce U.S. labor laws that safeguards the rights of workers to join together to improve their wages and working conditions and protect against unfair labor practices.”

The position of General Counsel comes with broad discretion to shape the policy of the agency in the coming months.  The General Counsel has power to issue complaints in cases where the agency wishes to pursue novel theories under the Act and to seek reversal of existing precedent.

This nomination comes after Biden fired NLRB General Counsel Robb, former President Donald Trump’s appointee, on his first day in office. Since then, career employee Peter Sung Ohr has been serving as Acting General Counsel. Given Republicans’ criticism of the abrupt firing of Robb, Abruzzo likely will face a confirmation battle in the Senate.

© 2021 Proskauer Rose LLP. National Law Review, Volume XI, Number 48
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About this Author

Mark Theodore, Employment Attorney, Proskauer Rose
Partner

Mark Theodore is a partner in the Labor & Employment Law Department. He has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S. 

Some highlights of his career include:

  • Successfully negotiated the first contract for a shipping agency during constant threat by union to shut down Port of Los Angeles

  • Successfully defended a major theme park when the NLRB sought bargaining order after the union...

310-284-5640
Joshua Fox Labor & Employment Attorney Proskauer Rose
Associate

Joshua Fox is an associate in the Labor & Employment Law Department and a member of the Labor-Management Relations Group. He represents a diverse range of clients, including professional sports leagues and teams, hotels, hospitals, and pipe line contractors, among many others, in collective bargaining, administration of their collective bargaining agreements, arbitrations and matters before the National Labor Relations Board.

In particular, Josh has extensive experience representing professional sports leagues, including Major League...

212.969.3507
Law Clerk

Michelle Lappen is a law clerk in the Labor & Employment Department. She earned her J.D. from Columbia Law School, where she was an articles and submissions editor for the Columbia Journal of Law & the Arts. During law school, Michelle was a teaching fellow for the Advanced Negotiation Workshop.

310-284-4564
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