NLRB Memo Raises Alarms: Are Private Companies at Risk of Union Infiltration?

The recent NLRB memo from the National Labor Relations Board general counsel has sparked concerns among experts who believe it may pave the way for union activists to infiltrate private companies more easily.

According to the NLRB memo, these agreements also limit employees’ mobility and their ability to engage in protected activities, such as union organizing. (Photo: Daily Caller)

NLRB Memo Released

General Counsel Jennifer Abruzzo, appointed by President Joe Biden, sent an NLRB memo on May 30 to regional directors stating that most non-compete agreements violate federal law and are an offense of Section 7 of the National Labor Relations Act, according to a published article.

The NLRB memo suggests that the NLRB could take legal action against non-compete agreements, arguing that they unfairly restrict union activism. Non-compete agreements are contracts that often prevent employees from seeking work with competing employers.

They have traditionally been used by companies to protect their trade secrets and prevent corporate spying. However, according to the NLRB memo, these agreements also limit employees’ mobility and their ability to engage in protected activities, such as union organizing.

Experts, including Austen Bannan from Americans for Prosperity, believe that this guidance empowers unions to organize more effectively in workplaces. Bannan argues that the intent behind the NLRB memo is to prioritize union activism over contract freedom.

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NLRB Memo Raises Alarms

Rusty Brown, a former policy advisor at the Department of Labor under the Trump administration, compared the work of union activists, known as “salts,” to corporate espionage. Brown believes that unions should not be allowed to send undercover employees to targeted companies for their own benefit.

The Biden administration has made pro-union commitments, with President Biden pledging to be the most pro-union president ever. The administration has taken actions such as an executive order to investigate ways to increase union membership.

Additionally, the administration has supported the Protecting the Right to Organize (PRO) Act, which aims to strengthen unions but has faced criticism from Republicans for forcing unionization on workers who do not wish to join or pay dues, according to the NLRB memo.

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