Powerhouse Points:
Labor practice hearings have resumed, but can now take place
virtually
The NLRB's decision has given respondents even more
uncertainty because requires respondents show concrete concerns,
but the decision only increases ambiguity for respondents.
Respondent's counsel should assess the impacts of a virtual
labor practice hearing on its case.
In May of 2020, the National Labor Relations Board
("NLRB") announced that it would no longer postpone
unfair labor practice hearings due to COVID-19, and that effective
on June 1, 2020, these hearings could now take place virtually.
1 However, since the NLRB's
announcement, multiple respondents have opposed having virtual
hearings. Several of these respondents argued that virtual hearings