On July 22, 2008, the Office of the General Counsel for the National
Labor Relations Board issued General Counsel Memorandum GC 08-10 to all of
the NLRB’s regional directors, officers in charge, and resident
officers setting forth the General Counsel’s guidelines concerning
the handling of unfair labor practice charges involving political
advocacy.The memorandum was issued in response to the numerous ULP
charges filed in late 2006 and beyond by employees disciplined after their
participation in demonstrations protesting legislative proposals imposing
greater restrictions and penalties on immigrant employees and their
employers. The purpose of the memorandum is "to provide guidance to
employees, unions, and employers in this important and developing area of
the law." Specifically, the memorandum sets forth a framework for the
NLRB regional directors and their personnel to review, consider and rely
upon in the processing of all ULP charges involving political advocacy.
The guidelines set forth within the memorandum are especially pertinent to
employers in light of the upcoming presidential elections and the continued
national debate on immigration reform.
