NLRB Will Resume Hearings Effective June 1, 2020

By Kamer Zucker Abbott

May 15, 2020

The National Labor Relations Board (NLRB) has announced that its Division of Judges will resume holding hearings on unfair labor practice complaints June 1, 2020. It appears that hearings will resume using "online videoconferencing technology."

From the NLRB:

Accordingly, effective June 1, the Division of Judges will not sua sponte postpone scheduled hearings due to the COVID-19 pandemic. Rather, prehearing requests for postponement will be considered on a case-by-case basis by the Deputy Chief Administrative Law Judge in Washington, D.C. and Associate Chief ALJs in New York and San Francisco under Sec. 102.24 of the Board’s Rules, subject to the right of the parties to request special permission from the Board to appeal the ruling under Sec. 102.26. Motions or objections with respect to holding an in-person versus an online videoconference hearing, or taking particular witness testimony by videoconference, will be considered and ruled on by the designated trial judge pursuant to Sec. 102.35(a)(6) and (8) of the Board’s Rules, likewise subject to the parties’ special appeal rights under Sec. 102.26.