July 8, 2020

Volume X, Number 190

July 07, 2020

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July 06, 2020

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NLRB General Counsel Issues Memo on Notice-Posting Requirement

On May 20, 2020, National Labor Relations Board (NLRB) General Counsel Peter Robb issued new guidance in Memorandum G.C. 20-06 regarding the NLRB’s remedial notice posting requirements. Effective immediately, the 60-day remedial notice-posting requirement in matters resolved via NLRB informal settlement agreements will commence within 14 days after a “substantial complement of employees” have returned to work. The memo defines a “substantial complement” as at least 50 percent of the total number of employees employed at the facility in question before it closed due to the COVID-19 pandemic. If an employer’s facility remained open and staffed throughout the pandemic without interruption, Memorandum G.C. 20-06 does not apply.

G.C. Memorandum 20-06 is consistent with the temporary change the Board announced in Danbury Ambulance Service, Inc., 369 NLRB No. 68 (May 6, 2020), which requires employers ordered to post remedial notices to post such notices within 14 days after the facility in question reopens and a substantial complement of employees return to work.

Notably, the substantial complement requirement does not apply to email distribution of remedial notices. Instead, if email distribution is required pursuant to the terms of a settlement agreement, the employer must send the remedial notices via email as soon as the facility in question reopens so that the notices are in email inboxes when employees return to work. Memorandum G.C. 20-06 does not address other means of distributing remedial notices, such as U.S. mail or employer intranet.

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume X, Number 145


About this Author

Thomas Stanek Employment Attorney Ogletree Deakins Phoenix

Mr. Stanek represents clients in all aspects of traditional labor relations. He also counsels and represents companies on matters regarding “noncompete” agreements. In addition, Mr. Stanek defends employers facing claims of discrimination and harassment, as well as claims alleging breaches of contract, unfair competition, wrongful discharge, defamation, interference with contract, and other torts. Mr. Stanek represents employers in both state and federal courts as well as in proceedings before administrative agencies, including the National Labor Relations Board, the Equal Employment...

Justin B. Caresia Employment Attorney Ogletree, Deakins, Nash, Smoak & Stewart Phoenix, AZ

Justin Caresia is an associate in the firm’s Phoenix office. Mr. Caresia’s practice focuses on defending employers in federal and state court and before federal and state regulatory agencies against claims of discrimination, harassment, retaliation, and wrongful discharge. He also represents employers in all aspects of traditional labor relations, including union avoidance and defending against unfair labor practice charges.

Mr. Caresia graduated cum laude from the Arizona State University Sandra Day O’Connor College of Law in 2017. While in law school, Mr. Caresia served as a judicial extern to the Honorable Diane J. Humetewa of the United States District Court for the District of Arizona and the Honorable Douglas L. Rayes of the United States District Court for the District of Arizona. He was also an Associate Editor of the Arizona State Law Journal and worked as a summer associate in the Phoenix office of a regional law firm.

Practice Groups

  • Employment Law
  • Traditional Labor Relations