The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The memo is truly two memos in one: one above the line, one below it. Above the line, in the body text, the memo primarily reiterated the Board’s new standard. That standard expanded the use of so-called bargaining orders. The footnotes do the real work, however, answering many questions that were left unanswered by the Board’s decision.
