Law360 (April 21, 2021, 8:59 PM EDT) -- The National Labor Relations Board's top prosecutor has responded to the board's call for input on the so-called Johnnie's Poultry standard, saying it shouldn't upend the 57-year-old precedent on how employers may question workers while prepping a defense against an unfair labor practice charge.
In its brief Monday, the acting general counsel's office said that a per se rule, rather than a test examining the totality of circumstances surrounding an interview, is necessary when examining employee questioning in the context of an employer's defense preparation since it is a "uniquely and inherently coercive situation."
"Applying a totality-of-the-circumstances approach would ignore the...
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