Ryan Funk Discusses Early Guidance From NLRB GC With Law360

Labor and employment partner Ryan Funk spoke with Law360 Employment Authority about the National Labor Relations Board (NLRB) general counsel Crystal Carey's early guidance to board prosecutors, which has demonstrated the range of discretion the agency's top prosecutor wields as she shifts the focus of regional offices.

Carey, who took office in early January, has started issuing guidance to regional offices about investigating and prosecuting alleged labor law violations.

"She's trying to take a very practical approach that allows the agency to have the biggest impact with the resources that it has," said Funk. "So I expect that theme to continue, even if it means she has to say there are certain cases that we should … try to settle, dismiss on noneffectuation grounds, dismiss with a merit dismissal, rather than spending agency resources on them."

Carey’s recent memo mentioned merit dismissals and dismissals for noneffectuation as possible outcomes for cases accusing employers of unlawful work rules without broader effects.

"That's a very powerful tool for the general counsel to do, I think exactly what she's saying she needs to do, which is pick and choose between what is worth it to pursue, given limited resources," Funk said.