Ryan Funk Discusses NLRB Deferral Memo with Law360

Labor and employment partner Ryan Funk spoke with Law360 to discuss a recent memo issued by the National Labor Relations Board (NLRB)'s acting general counsel instructing prosecutors to carefully consider when to defer cases to contractual arbitration processes, a practice that could lead to more disputes being channeled away from the board and aligns with other efforts to reduce agency workload.

"Most cases don't go to complaint, most cases aren't litigated in front of an [administrative law judge]," said Funk. "But tons of cases are investigated and investigations take time, and if the agency can reduce the number of investigations it does, that should have a material impact on their workload."

Funk added the change should lighten the burden on regional staff and make it more likely that parties actually provide the updates by giving a narrow-defined period in which to do so, almost "like filing your taxes."