NLRB's top prosecutor seeks big changes, faces uphill battle | Business News | wfmz.com

2022-06-26 16:17:20 By : Mr. Songyuan Huaxing

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The National Labor Relations Board's top prosecutor, Jennifer Abruzzo, poses for a portrait at National Labor Relations Board headquarters in Washington on Monday, June 13, 2022.

The National Labor Relations Board's top prosecutor, Jennifer Abruzzo, poses for a portrait at National Labor Relations Board headquarters in Washington on Monday, June 13, 2022.

The National Labor Relations Board's top prosecutor, Jennifer Abruzzo, poses for a portrait at National Labor Relations Board headquarters in Washington on Monday, June 13, 2022.

The National Labor Relations Board's top prosecutor, Jennifer Abruzzo, poses for a portrait at National Labor Relations Board headquarters in Washington on Monday, June 13, 2022.

The National Labor Relations Board's top prosecutor, Jennifer Abruzzo, poses for a portrait at National Labor Relations Board headquarters in Washington on Monday, June 13, 2022.

The National Labor Relations Board's top prosecutor, Jennifer Abruzzo, poses for a portrait at National Labor Relations Board headquarters in Washington on Monday, June 13, 2022.

The National Labor Relations Board's top prosecutor, Jennifer Abruzzo, poses for a portrait at National Labor Relations Board headquarters in Washington on Monday, June 13, 2022.

The National Labor Relations Board's top prosecutor, Jennifer Abruzzo, poses for a portrait at National Labor Relations Board headquarters in Washington on Monday, June 13, 2022.

As workers at major companies increasingly move to unionize, the political environment for labor couldn’t be more ripe.

Perhaps nowhere is that more accurate than at the National Labor Relations Board, the agency that enforces the country’s labor laws and oversees union elections.

In the past year, the Biden-appointed top prosecutor Jennifer Abruzzo has been seeking to overturn precedent and revive decades-old labor policies that supporters say would make it easier for workers to form a union. To get her wish, Abruzzo must have buy-in from the five-member board, whose Democratic majority is expected to be sympathetic to her proposed changes. As for President Joe Biden, he has vowed to be ”the most pro-union president” in American history.

“In the past, there has been a focus on employer rights or employer interests. And I do not believe that comports with our congressional mandate,” Abruzzo said in an interview with The Associated Press.

The changes Abruzzo seeks come as workers at major companies, including Starbucks, Amazon and most recently, Apple, clinch union victories. But any shifts in the agency’s enforcement of labor law are likely to be reversed under a Republican administration and met with fierce resistance from employers in the federal courts.

Currently, the agency is in the crosshairs of Amazon, which has been arguing in an NLRB hearing that began last week that the union victory at one of its warehouses on Staten Island, New York, should be tossed out. The e-commerce giant claims labor organizers and the agency acted in a way that tainted the vote. In one of its 25 objections, the company zeros in on a lawsuit filed in March by the NLRB's Brooklyn office seeking to reinstate a fired Amazon worker who was involved in the union drive.

Abruzzo has said she would “aggressively” seek such remedies during her tenure, and could even pursue cases when an employer has only levied threats against workers. The agency has repeatedly taken Starbucks to federal court since December, most recently on Tuesday when it asked a court to reinstate seven employees in Buffalo, New York that it says were illegally fired for trying to form a union. Abruzzo says she’s also been asking field offices to be on the lookout for other threats to workers.

John Logan, the director of labor and employment studies at San Francisco State University, said some of the changes Abruzzo is seeking include policy shifts labor scholars have wanted for years.

“We have a general counsel prepared to do things that have not been done in the past,” Logan said. “And also doing it in the context of a period of labor organizing that we haven’t seen for decades and decades.”

A career NLRB attorney for more than two decades, Abruzzo rose through the ranks of the agency to serve as deputy general counsel under former President Barack Obama. She briefly served as the acting general counsel and left the agency during the Trump administration for a stint at Communications Workers of America, one of the largest labor unions in the U.S. Last year, she was confirmed to her current role in the U.S. Senate along party lines.

Arguably, her most significant move since then has come in an NLRB case filed in April, where she asked the labor board to reinstate Joy Silk, an arcane legal doctrine that could dramatically change how unions typically form in the U.S.

Joy Silk, which was abandoned nearly 50 years ago, would compel companies to bargain with a union that secures majority support from workers through authorization cards rather than going through a protracted election process. Logan noted that Joy Silk essentially curtails an employers' ability to wage long anti-union campaigns in the leadup to an election, when unions tend to lose support from workers.

A formal move towards Joy Silk is expected to be hotly contested by businesses and right-to-work groups who want private-ballot elections. Some experts say elections better capture how workers feel about a union. And the leadup to a vote typically gives companies time to make their case to workers as to why they should reject unionization, which is legal as long as employers follow labor law.

However, labor activists and pro-union experts argue some employers use the time to fend off organizing by any means necessary, including mandatory meetings in which they lay out all the reasons why workers should reject unionization.

Though the labor board has allowed employers to mandate such meetings for decades, Abruzzo argued in an April memo that it was based on a misunderstanding of employers’ speech rights and should be outlawed. She's seeking to make the meetings voluntary for workers.

Rep. Virginia Foxx, the Republican leader of the House Committee on Education and Labor, slammed Abruzzo's memo soon after it was released, calling it “a hyper-partisan love letter to unions.”

“Should the NLRB choose to overturn decades of precedent and silence job creators, the consequences will be disastrous,” Foxx said in a statement at the time.

But field offices are following suit. About a month after Abruzzo’s memo was issued, the NLRB office in Brooklyn said it found merit in a charge filed by the Amazon Labor Union that accused Amazon of violating labor law at one of its warehouses on Staten Island, New York, by holding mandatory meetings to persuade workers to reject the union, adding further bad blood between the company and the agency.

Mark Nix, the president of the National Right to Work Legal Defense Foundation, said it’s difficult to take Abruzzo’s quest for more workers' rights seriously because she's attempting to overturn a Trump labor board decision that made it easier for employers to suspend bargaining on a future contract when they know a union no longer has majority support.

Abruzzo has signaled it’s one of the many decisions she intends to undo from the Trump era, when cases were spearheaded by her predecessor Peter Robb, who was widely seen by organized labor and Democrats as favoring employers. Biden later fired Robb.

“The hypocrisy is off the charts when you think about the employee rights,” Nix said. “When she gets done with the job, she ought to apply for the lobbyist job at the AFL-CIO, because she’s going even farther than union officials have even imagined.”

Experts say it’s too early to know how successful Abruzzo might be in her efforts because the changes she’s seeking are still winding their way through the NLRB’s process. Logan, the labor expert, said she's has been more aggressive than her Democrat-appointed predecessors, but still faces a steep challenge since changes she’s seeking are likely to be heavily litigated.

“Unfortunately, it’s not going to help workers right now," he said.

Copyright 2022 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

If you know of local business openings or closings, please notify us here.

· Coal Winery and Kitchen at 81 Broad St., Bethlehem, has closed as its owner searches for a new location for the business, according to its Facebook page. 

· Lowhill Township supervisors approved a 312,120-square-foot commercial warehouse and distribution center on a 43.4-acre tract on the west side of Route 100, south of the Kernsville Road intersection.

· The Mint Gastropub at 1223 W. Broad St., Bethlehem, announced that it has temporarily closed to undergo a merger with a "well-known restaurant group" from Bethlehem.

· The Slatington Farmers Market opened its 28,000-square-foot showroom, which includes space for 53 vendors, as well as a 4,000-square-foot event space.

· St. Luke's University Health Network opened a new pediatric inpatient unit next to the eight-bed pediatric intensive care unit at St. Luke's University Hospital – Bethlehem.

· 25th Asian House opened at the location of the former Tin Tin Chinese restaurant in the 25th Street Shopping Center in Palmer Township.

· The Chick-Fil-A in Broadcasting Square shopping center in Spring Township was razed to make way for a new, expanded facility for the popular chicken sandwich restaurant.

· Plans for drive-thru locations of a Chipotle and a Starbucks at the intersection of Ivy League Drive and Kutztown Road were rejected by Maxatawny Township planners.

· Cumru Township plannes reviewed preliminary plans for NorthPoint-Morgantown Commerce Center, a 738,720-square-foot warehouse to be built on 75.2 acres at Morgantown Road (State Route 10) and Freemansville Road.

· Kutztown University has plans to expand its historic Poplar House to 13,161 square feet with an addition around its side and back, but keep the 129-year-old structure intact.

· A wine store and beverage outlet could be coming to a new two-unit building along the commercial strip of Blakeslee Boulevard Drive East in Lehighton, Carbon County.

· ChristianaCare, a Delaware health care organization, has announced it will buy the former Jennersville Hospital in West Grove, Chester County.

· Garden of Health Inc. celebrated the opening of the food bank's new warehouse at 201 Church Road, North Wales, in Montgomery County.

· Silverline Trailers Inc. opened its first location in Pennsylvania and in the Northeast at 223 Porter Road, Pottstown, where it sells utility, cargo, dump, equipment and car hauler trailers. 

· A new smoothie and bowl restaurant, Sips & Berries, opened at 285 Maple Ave., Harleysville, in Montgomery County.

· Terrain on the Parkway offers 160 new 1-, 2- and 3-bedroom apartments at 1625 Lehigh Parkway East in Allentown. 

· Lehigh Valley native Don Wenner is moving his real estate investment and finance firm DLP Capital from Bethlehem to Allentown at 835 W. Hamilton St.

· While Wells Fargo has been the leader in closing banks lately, it will hold a ribbon-cutting for its new downtown Allentown office at 740 Hamilton St. on June 30.

· If you're in the market for sterling silver jewelry, minerals and semi-precious gemstones, C& I Minerals is now operating at the South Mall at 3300 Lehigh St. in Allentown.

· The Allentown-based utility company PPL Corp. bought a major Rhode Island utility.

· Ownership at Martellucci's Pizzeria in Bethlehem has changed, but Paul and Donna Hlavinka and their family are running the pizza place at 1419 Easton Ave., just as it has been operated for 49 years. 

· Dr. Jacob Kasprenski's new Kasprenski Family Eye Care opened at 1088 Howertown Road, Catasauqua.

· Josie's New York Deli in downtown Easton closed early in the COVID-19 pandemic, but a June 13 Historic District Commission meeting approved a request for a new sign at its building at 14 Centre Square. 

· Zekraft cafe has opened its second location in the Easton Silk Mill in Easton. The first Zekraft restaurant was opened in Bethlehem. The restaurants' menus change frequently, with a focus on local ingredients. 

· Manta Massage at 319 Main St., Emmaus, will hold its grand opening on July 10 starting at 11 a.m. 

· The former Iron Lakes Country Club, constructed in the late 1950s and early 1960s, will operate at 3625 Shankweiler Road in North Whitehall Township under its new name, The Club at Twin Lakes. 

· Prologis, a titan in the logistics industry, will own and operate three warehouses proposed in Upper Macungie Township at the former Air Products headquarters campus at 7201 Hamilton Blvd. 

· Lehigh Valley Health Network ceremonially opened its first Carbon County hospital — a $78 million, 100,578-square-foot facility at 2128 Blakeslee Boulevard Drive East in Mahoning Township.

· Pocono Township commissioners voted to accept Swiftwater Solar's preliminary final plan for the $111 million, 80-megawatt field on a private 644-acre site on top of Bear Mountain that would include about 200,000 solar panels.

· Firetree Ltd. wants to expand its in-patient rehab operation at the former Sands Ford auto dealership at 440 N Claude A Lord Blvd. (Route 61), Pottsville.

· A Dunkin' in Schuylkill County located at 400 Terry Rich Blvd., St. Clair, has become just the fourth location of the donut and coffee chain to go entirely digital. 

· The Conservatory music school in Bucks County will close after 34 years, and school officials say the COVID-19 pandemic is the cause. The nonprofit, located at 4059 Skyron Drive, Doylestown, will close June 30.

· A Popeyes Louisiana Kitchen and Arby's will be built on the site of the former Ahart's Market on Route 22 in Phillipsburg, New Jersey.

· Hunterdon County Chamber of Commerce offices and the Unity Bank Center for Business & Entrepreneurship will be located at 119 Main St., Flemington. 

· Honeygrow opens Quakertown location, next to Chipotle on Route 309, on June 3.

· Dunkin' reopens remodeled restaurant at 1174 MacArthur Road in Whitehall Township

· Muse Modern Med Spa at 325 Fifth St. in Whitehall Township  will hold a grand opening June 4.

· Around Again, a consignment store, opened at 154 S. Main St., Phillipsburg

· Steak and Steel Hibachi, a restaurant in the works at 44 W. Walnut St., Bethlehem, still plans on opening late this summer. 

· Take It Outdoors Recreation Hub has moved to a spot along the Schuylkill River Trail at Riverfront Park in Pottstown, Montgomery County

· Pedego Electric Bikes has a new outlet in Lambertville, N.J. at 13 N. Union St.

· Amanda Vachris has opened a new Keller Williams Real Estate office at 15 St. John St. in Schuylkill Haven.

· Easton's new West Ward Market will open Wednesday and be open on Wednesday's through the summer from 3 p.m. to 7 p.m. The market, created by the Greater Easton Development Partnership, will sell fresh produce on 12th Street, next to Paxinosa Elementary School.

· Ciao Sandwich Shoppe is adding a second location, this time on College Hill in Easton. Ciao plans to open at 325 Cattell St. in late summer. Ciao already operates in downtown Easton at 12 N. Third St

· Ma's Crepes and Cakes will hold a grand opening and ribbon-cutting June 16 at 46 W. Broadway, Jim Thorpe. The celebration starts at 5 p.m., with the ribbon cutting at 5:45 p.m. 

· Bethlehem's Back Door Bakeshop will reopen as a wholesale operation at 7 E. Church St. in the city's historic district. The business was open for nine years as a retail outlet at Broad and Center streets, before announcing in March that it would close the storefront April 3 and "go back to its origins as a wholesale business."

·The Beef Baron on Catasauqua Road in Bethlehem is closed indefinitely for renovations

· The Brothers That Just Do Gutters are opening a new location in Allentown at 1302 N. 18th St.

· St. John Chrysostom Academy, an Orthodox school serving grades 1-9 starting this fall, held a grand opening at its St. Francis Center, Bethlehem, campus.

· Easton Commons, a shopping center anchored by Giant Foods at 2920 Easton Ave., Bethlehem Township, has a new name: The Shops at Bethlehem.

· Carbon County is getting a taste of Brazil at Uai Brasil BBQ at 315 Lehigh Ave. in Palmerton.

· The Keystone Pub in Bethlehem Township, at 3259 Easton Avenue, has reopened after a lengthy and expensive renovation. 

· The Trading Post Depot opened at 401 Northampton St., Easton. The rustic furniture store makes custom tables for dining rooms, desktops, conference centers and more.

· The Easton area has a new gym: Homemade Fitness at 444 Cedarville Road in Williams Township.

· Il Gaetano Ristorante opened at its 665 Columbus Ave., Phillipsburg, location. 

· Ciao! Sandwich Shoppe to open second location on College Hill in Easton, replacing The Kettle Room

· Rene and Grisellies Benique have opened Ezekiel 47 Cafe at 10 S. Fifth Ave., off Fifth and Penn avenues, in West Reading. 

· Alter Ego Salon and Day Spa in Emmaus is holding a grand opening Sunday, May 22, from 11 a.m. to 3 p.m., with a ribbon cutting at noon. 

· Origen Latin Fusion has opened at the site of the former Tomcat Cafe in Sinking Spring, Berks County. 

· Sellersville Senior Residences will hold a ribbon-cutting ceremony May 24. The Bucks County affordable-housing community for adults 55 and older has 50 apartments, with eight allocated for people with behavioral health needs.

· The House and Barn in Emmaus has opened its Shed outdoor dining and cigar bar area. The House and Barn is at 1449 Chestnut St. in Emmaus.

· Realtor Amanda Vachris and the Schuylkill Chamber of Commerce will hold a ribbon cutting at Vachris's new Keller Williams Real Estate office at 15 St. John St., Schuylkill Haven, at 4 p.m. on May 24.

· Il Gaetano Ristorante will hold a grand opening on Friday, May 20, at 5:30 p.m. The 665 Columbus Ave., Phillipsburg.

· First Commonwealth Federal Credit Union will hold a grand opening at its new headquarters in Trexlertown, 6126 Hamilton Blvd., on May 18.

· Vinyl Press Signs & Graphics has relocated within Emmaus. The new site is 15 S. Second St., not far from the former Sixth Street location.

· Pedro's Cafe in Emmaus to close

· SV Sports (formerly Schuylkill Valley Sports) to close Quakertown location

· Flemington DIY will host a Grand Re-Opening on May 14 at 26 Stangl Road, Flemington. The celebration will kick off at 10 a.m. 

· Elpedio’s Ristorante at Seipsville opened at 2912 Old Nazareth Road in Easton. The restaurant is open Wednesday through Sunday.

· Uai Brazil opened at 315 Lehigh Ave, Palmerton, offering both a seated or buffet option. 

· Colombian Mex Restaurant opened at 107 E Union Blvd in Bethlehem, offering traditional Colombian cuisine. 

· Precision Ink opened at 161 W Berwick St. in Easton. 

· King Wing opened a location in Bethlehem at 129 E. Third St., serving wings and sandwiches.  

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