NLRB General Counsel Commits to Strengthening Tech Capacity

Today, in partnership with the Federal Trade Commission and other federal agencies, the National Labor Relations Board’s General Counsel Jennifer Abruzzo committed to bolstering the Agency’s technical capacity, in order to effectuate its Congressional mandate.

“As technology continues to advance in the workplace, it is paramount that the NLRB and other federal agencies keep up with the developments,” said General Counsel Abruzzo. “We are committed to strengthening expertise in emerging technologies and work in collaboration with other agencies in order to effectively investigate and litigate unfair labor practices and bring victims full relief.”

The General Counsel released the following statement:

We Recognize the Need to Strengthen Capacity Due to Increasing Digitization

1. With increasing digitization in commerce, it is critical that we recognize that effective enforcement of the National Labor Relations Act requires increased tech capacity and investment.  
2. We need to be forward-looking in identifying and learning technologies. This means being attentive to current and next-generation technologies, innovations, and nascent industries across sectors. See GC Memo 23-02 “Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights.”
3. We aim to incorporate a greater range of technological skillsets into the NLRB’s work and foster greater collaboration among legal and technology disciplines. To carry out our work, we approach our cases, research, and other policy tools from an interdisciplinary perspective. We aim to improve cross-agency and intra-agency coordination.

We Recognize the Need to Strengthen Enforcement Efforts Through Increased Technical Capacity and Expertise

4.  The pace and volume of tech developments require the National Labor Relations Board, and other law enforcement agencies to establish strong and nimble processes. Among other considerations, evaluating emerging trends and practices can be critical to understanding new developments, opportunities, and concerns impacting the rights of workers and employers.

Next Steps

5. We recognize the need for interagency collaboration to share best practices to continue to increase tech capacity. Building on existing collaborations across our agencies, we will continue to engage in discussions with the aim of developing, sharing best practices, and elevating our missions.