Beltway Buzz, April 8, 2022

KBJ Makes Historical past. On April 7, 2022, the U.S. Senate confirmed Decide Ketanji Brown Jackson to be an affiliate justice of the Supreme Court docket of the US. Decide Jackson was confirmed by a vote of 53–47, with Republicans Susan Collins (Maine), Lisa Murkowski (Alaska), and Mitt Romney (Utah) all voting for affirmation. Decide Jackson would be the first feminine African-American justice on the Court docket— a momentous event in U.S. judicial historical past. After all, Decide Jackson must wait a couple of weeks till Justice Stephen Breyer formally steps down, at which era she could be appointed to fill the emptiness.

NLRB GC to Goal Employer Speech. On April 7, 2022, Nationwide Labor Relations Board (NLRB) Common Counsel Jennifer Abruzzo issued a memorandum to regional workplaces on “The Right to Refrain from Captive Audience and other Mandatory Meetings.” Within the memo, Abruzzo writes “when employees are (1) forced to convene on paid time or (2) cornered by management while performing their job duties” they’re “deprived of their statutory right to refrain, and instead are compelled to listen by threat of discipline, discharge, or other reprisal—a threat that employees will reasonably perceive even if it is not stated explicitly.” Common Counsel Abruzzo states that she can be submitting to the Board a short wherein she is going to suggest that “the Board adopt sensible assurances that an employer must convey to employees in order to make clear that their attendance is truly voluntary.”

Board Sees Improve in Each Illustration Petitions and ULPs. In different conventional labor information, the Board announced this week that within the final six months (from October 2021 to March 2022, the primary half of federal fiscal yr 2022), there was a 57 p.c improve within the submitting of union illustration petitions in contrast with the identical time interval final yr (1,174 filed petitions in comparison with 748). The Board additionally introduced that in the identical interval, there was a 14 p.c uptick in unfair labor observe costs (from 7,255 to 8,254). The Board doesn’t supply causes for the will increase, although the Buzz has some concepts.

POTUS Broadcasts Nominee for EEOC. On April 1, 2022, President Biden announced his intention to appoint plaintiffs’ legal professional Kalpana Kotagal to be a commissioner on the U.S. Equal Employment Alternative Fee (EEOC). If confirmed, Kotagal would substitute Commissioner (and former EEOC chair) Janet Dhillon, whose time period expires on July 1, 2022. Kotagal’s affirmation would additionally tilt the EEOC’s majority in favor of Democrats for the primary time since late 2018. The present “upside-down” make-up of the Fee—a Democratic chair (Charlotte Burrows) who’s within the voting minority—has created a little bit of a coverage logjam. However this logjam will break when the Fee flips to 3 Democrats and two Republicans, and points like payroll knowledge assortment, laws on employer wellness packages, and a renewed curiosity in sexual harassment steerage are probably priorities.

Immigration Authorized EAGLEs. On April 6, 2022, the Home Committee on the Judiciary handed the Equal Access to Green cards for Legal Employment (EAGLE) Act of 2021 (H.R. 3648). A earlier model of the invoice, referred to as the Equity for Excessive-Expert Immigrants Act of 2020, handed the U.S. Home of Representatives (in 2019) and the U.S. Senate (in 2020), however the 116th Congress adjourned earlier than the 2 payments could possibly be reconciled in convention committee. The Buzz shared among the particulars of the invoice previously.

Good as Gold.  89 years in the past this week, President Franklin D. Roosevelt signed Executive Order 6102 “Requiring Gold Coin, Gold Bullion and Gold Certificates to Be Delivered to the Government.” Issued simply weeks after FDR’s inauguration, and in the midst of the Nice Despair, the order prohibited “the hoarding of gold coin, gold bullion, and gold certificates within the continental United States by individuals, partnerships, associations and corporations.” The order gave people lower than one month to show over all however a small quantity of gold to the federal authorities in trade for the fee of $20.67 per troy ounce (roughly $450 right now). FDR and proponents argued that nationalizing the gold was obligatory to permit the federal authorities to print extra money to assist stimulate the financial system. This restriction on personal possession of gold lasted over 40 years, till it was legalized by federal statute in 1974.

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