01/28/2025: Trump Fired General Counsel Jennifer Abruzzo
No word yet on who Trump intends to replace Abruzzo with.
Trump fired General Counsel Jennifer Abruzzo late last night. Abruzzo was appointed by the Biden administration and helped move NLRB case law in a worker-friendly direction. Abruzzo was replaced with Acting General Counsel Jessica Rutter, but Rutter will likely be removed after Trump nominates and the Senate confirms a Republican replacement for Abruzzo.
This is the second entry on my Timeline of Notable NLRB Events During Trump's Second Term.
Mid-South Industrial, 374 NLRB No. 19, 15-CA-326800 (Published Board Decision)
The NLRB granted the General Counsel's motion for default judgment against Mid-South Industrial, Inc. for failing to comply with the terms of an informal settlement agreement. The case arose from charges filed by International Union of Operating Engineers Local 369 alleging violations of Section 8(a)(5) and (1) of the NLRA.
The settlement agreement required Mid-South to mail notices to employees, bargain with the union regarding an information request incident, and provide requested information about a workplace accident. Despite multiple communications and deadlines from the Region's compliance officer between May and July 2024, Mid-South failed to fully comply, particularly regarding mailing the correct notices to employees.
The settlement agreement contained provisions stating that in case of non-compliance, after 14 days' notice, the Regional Director could issue a complaint and seek default judgment. The Board would then deem all allegations admitted since Mid-South waived its right to file an answer. The only issue Mid-South could raise would be whether it defaulted on the agreement's terms.
After Mid-South's continued non-compliance, the Regional Director issued a complaint in October 2024. The Board found all allegations true based on the uncontested motion for default judgment. Specifically, the Board found Mid-South violated Section 8(a)(5) and (1) by unreasonably delaying furnishing relevant information requested by the union about a workplace accident.
As remedy, the Board ordered Mid-South to comply with the unmet settlement terms, including mailing notices to all current and former employees at the Blue Oval SK Battery Manufacturing Plant since September 2023.
Significant Case Cited
U-Bee, Ltd., 315 NLRB 667 (1994) - Board held that when a respondent fails to comply with a settlement agreement's terms, all allegations in the ensuing complaint will be deemed admitted pursuant to the non-compliance provisions.